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sources or facilities within protected areas. 44
The issuance of the same is recommended
by the Protected Area Management Board
(PAMB).
The ENIPAS Act specifically allows the exploration45 for energy resources in protected
areas. 46 However, the following conditions
must be satisfied:47
(a) the exploration shall not be conducted
in protected areas categorized as strict
nature reserves and natural parks, 48 and
in strict protection zones;
(b) the sole purpose is for gathering data
and information;
(c) the exploration is carried out with the
least damage to surrounding areas; and
(d) a PAMB clearance is issued. 49
Republic of the Philippines
3.4 Health and Safety Regulations
Pursuant to DOE’s Renewable Energy, Safety,
Health and Environment Rules and Regulations (RESHERR) circular,50 a circular entitled
Wind Safety, Health, and Environment Code
of Practice51 has been issued, providing for
the primary responsibility of the employer
to provide a safe workplace while protecting
the health of the workers and the surrounding environment. To achieve this, safety,
health, and environmental concerns must
be thoroughly integrated in the employer’s
management policy. Pursuant to Rule 2 of
RESHERR, REMB shall impose administrative fines and penalties for the following
violations:
(a) failure or late submission of quarterly
statistical reports for incident/accident/
illnesses/ diseases;
(b) failure to register or secure/renewal
permit for safety engineers/officers; and
44 Id., Rule 4.1 (m).
45 ENIPAS Act IRR, Rule 4.2 clarifies that exploration includes the preliminary assessment and feasibility studies for geothermal resources, hydro power
and ocean resources, and potential wind sites.
46 ENIPAS Act, Section 13.
47 ENIPAS Act IRR, Rule 14.2.
48 ENIPAS Act Section 4(y) defines a natural park as a relatively large area not materially altered by human activity where extractive resource uses are not
allowed and is maintained to protect outstanding natural and scenic areas of national or international significance for scientific, educational, and recreational use.
49 ENIPAS Act Section 11 provides:
SECTION 11. Section 12 of Republic Act No. 7586 is hereby amended to read as follows:
"SEC. 12. Environmental Impact Assessment (EIA). — Considering that protected areas are environmentally critical areas, the proponent of development
projects and activities with potentially significant adverse impacts as determined by the Environmental Management Bureau (EMB), whether or not these
projects or activities are included in the management plan, shall secure an Environmental Compliance Certificate (ECC) in accordance with the Philippine
Environment Impact Statement (EIS) System: Provided, That for development projects and activities that are not environmentally critical, an initial environmental examination (IEE) shall be undertaken instead of a full-blown EIA. No project or activity may be undertaken by any project proponent without prior
clearance from the PAMB. The DENR shall require the submission of the PAMB clearance, among others, before issuing an ECC to a project proponent.
No actual implementation of such activities shall be allowed without the required ECC under the Philippine EIA System. Violations of environmental laws,
rules and regulations, including those under the EIA System, shall be penalized accordingly."
50 Department of Energy, Circular No. DC 2012-11-0009.
51 Department of Energy, Circular No. DC 2021-06-0019.
