Environmental Laws in the Philippines

7/29/2019 Environmental Laws in the Philippines

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ENVIRONMENTAL PROTECTION IS AVAILABLE FOR VIOLATIONS OF:

(a) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and Molave Trees

The cutting in the public forests of tindalo, akle, or molave trees less thansixty centimeters in diameters measured at a height of four feet from theground (breast high)

(b) P.D. No. 705, Revised Forestry Code

AREAS NEEDED FOR FOREST PURPOSES

No land of the public domain eighteen per cent (18%) in slope or over shallbe classified as alienable and disposable, nor any forest land fifty per cent(50%) in slope or over, as grazing land

The following lands, even if they are below eighteen percent (18%) in slope,are needed for forest purposes, and may not, therefore, be classified asalienable and disposable land, to wit:

1. Areas less than 250 hectares which are far from, or are notcontiguous with any certified alienable and disposable land;

2. Isolated patches of forest of at least five (5) hectares withrocky terrain, or which protect a spring for communal use;

3. Areas which have already been reforested;

4. Areas within forest concessions which are timbered or havegood residual stocking to support an existing, or approved to beestablished, wood processing plant;

5. Ridge tops and plateaus regardless of size found within, orsurrounded wholly or partly by, forest lands where headwatersemanate;

6. Appropriately located road-rights-of-way;

7. Twenty-meter strips of land along the edge of the normalhigh waterline of rivers and streams with channels of at leastfive (5) meters wide;

8. Strips of mangrove or swamplands at least twenty (20)meters wide, along shorelines facing oceans, lakes, and otherbodies of water, and strips of land at least twenty (20) meterswide facing lakes;

9. Areas needed for other purposes, such as national parks,national historical sites, game refuges and wildlife sanctuaries,forest station sites, and others of public interest; and

10. Areas previously proclaimed by the President as forestreserves, national parks, game refuge, bird sanctuaries,national shrines, national historic sites:

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LICENSE REQUIREMENT

the utilization of timber therein shall not be allowed except through licenseagreements under which the holders thereof shall have the exclusiveprivilege to cut all the allowable harvestable timber in their respectiveconcessions, and the additional right of occupation, possession, and controlover the same, to the exclusive of all others, except the government, but withthe corresponding obligation to adopt all the protection and conservationmeasures to ensure the continuity of the productive condition of said areas,conformably with multiple use and sustained yield management.

REGULATION OF UTILIZATION OF TIMBER

The utilization of timber in alienable and disposable lands, private lands, civilreserve preservations, and all lands containing standing or felled timber

including those under the jurisdiction of other government agencies, and theestablishment and operation of sawmills and other wood-processing plants,shall be regulated in order to prevent them from being used as shelters forexcessive and unauthorized harvests in forest lands, and shall not thereforebe allowed except through a license agreement, license, lease or permit.

PROTECTION OF MANGROVE FOREST

Strips of mangrove forest bordering numerous islands which protect theshoreline, the shoreline roads, and even coastal communities from thedestructive force of the sea during high winds and typhoons, shall bemaintained and shall not be alienated. Such strips must be kept from artificial

obstruction so that flood water will flow unimpeded to the sea to avoidflooding or inundation of cultivated areas in the upstream.

All mangrove swamps set aside for coast-protection purposes shall not besubject to clear-cutting operation.

Mangrove and other swamps released to the Bureau of Fisheries and AquaticResources for fishpond purposes which are not utilized, or which have beenabandoned for five (5) years from the date of such release shall revert to thecategory of forest land.

REGULATION OF MINING OPERATIONS

Location, prospecting, exploration, utilization or exploitation of mineral

resources in forest reservations shall be governed by Mining laws, rules andregulations. No location, prospecting, exploration, utilization, or exploitation ofmineral resources inside forest concessions shall be allowed unless propernotice has been served upon the licensees thereof and the prior approval ofthe Director, secured.

Mine tailings and other pollutants affecting the health and safety of thepeople, water, fish, vegetation, animal life and other surface resources, shallbe filtered in silt traps or other filtration devices and only clean exhausts andliquids shall be released therefrom.

Surface-mined areas shall be restored to as near its former naturalconfiguration or as approved by the Director prior to its abandonment by themining concern.

CONSTRUCTION OF LOGGING ROADS/INFRASTRUCTURES IN FORESTLANDS

Roads and other infrastructure in forest lands shall be constructed with theleast impairment to the resource values thereof

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The installation of booster pump to boost water direct from the waterdistribution line of a water supply system, where low-water pressure prevailsis prohibited.

REGULATION OF FOOD ESTABLISHMENTS

No person or entity shall operate a food establishment for public patronagewithout securing a permit from the local health office

Health certificates required for employees/food handlers

Quality and Protection of Food All food must be obtained from sourcesapproved by the local health authority

Structural requirements for premises

Compliance with vermin control

Proper disposal of refuse

Bacterial treatment of utensils

Storage of utensils Proper storage of food

Food service requirements

Sanitary Evaluation of food establishments

STANDARDS FOR MARKETS AND ABATOIRS

Suitability of site insofar as elimination of nuisance condition and preventionof contamination are concerned

Availability of ample water supply for cleaning

adequate drainage facilities

Durability of construction

Facilities for sanitation maintenance, such as cleaning and elimination ofharborages of vermin

SPECIAL REQUIREMENTS

All articles to be laundered coming from hospitals and infected sources shallbe treated by exposure to a sufficient quantity of hot water detergents or byother effective means of disinfection.

All linen, bed clothes, pajamas, towels, bedsheets, pillow cases, etc. thathave come in contact with any form of radioactivity should be isolated in acertain area and monitored by Radiation Safety personnel before sending

these articles for laundry. If any amount of radioactive contamination is found,the affected article should be set aside and the radioactivity allowed tocompletely decay before said article is sent for laundry.

SCHOOL SANITATION

Physical design requirements: avoid traffic hazards, accessible to public,distant from nuisances and places with undesirable influences

Building must be of strong, durable materials, with prevention of fire hazards

Recreational facilities

Adequate rest rooms

Potable water, sewage and waste disposal

If the school utilizes cadavers, plants, animals, bacterial and viral cultures forstudies and research:

1. Cadavers shall be stored in morgues and dissected in dissectingrooms, all of which shall be constructed and maintained in accordancewith standards prescribed by the Department of Health

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2. Poisonous or harmful plants and animals shall be kept in adequateand secured areas

3. Viral and bacterial cultures shall be kept in laboratories understandard security laboratory measures.

4. Schools utilizing radioactive materials or sources for study or researchshould closely conform to the requirements and guidelines given by

the Radiation Health Office and the Philippine Atomic EnergyCommission concerning radiation protection

INDUSTRIAL HYGIENE

Sanitary permit from the Secretary or his duly authorized representatives.

allowed to operate only in places or zones assigned for the kind of industry byexisting zoning laws, ordinances, or policies determined by local healthauthority

adequate potable water supply

sewage disposal

All wastes incident to the operation of the industrial plant shall be collected,stored, or disposed of in a manner to prevent health hazards, nuisances, andpollution.

abatement program for the control of vermin

Adequate restrooms and mass halls shall be provided for employees

All places of employment and all workrooms, including machinery andequipment, shall be kept clean and sanitary

Control atmospheric contaminants, infectious agents, radiation hazards,noise, illumination, ventilation

PUBLIC SWIMMING OR BATHING PLACES

Sanitary permit requirement Structural requisites to prevent pollution of their waters and promote

sanitation maintenance

Elimination of risk of infection thru structural standards in toilets, showerbaths and dressing rooms

Limitation of swimming pools in accordance with the type of water treatmentapplied

REST AREAS, BUS TERMINALS, BUS STOPS, AND SERVICE STATIONS

Established with ample area to prevent overcrowding of motor vehicles and

travelers. Adequate ventilation and lighting and away from sources of nuisance.

Safe and adequate water supply

Excreta and sewage collection and disposal shall be provided

Refuse collection and disposal

Adequate number of comfort rooms shall be provided as well as auxiliaryfacilities

Waiting sheds for commuters shall be of adequate size to comfortablyaccommodate a minimum of thirty (30) persons

Sale of foodstuffs in those establishments shall be done in conformity with theprovisions of Chapter III of this Code

CAMPS AND PICNIC GROUNDS

Sanitary permit requirement

Sites shall not be subject to flooding, must be well drained, distant from anysource of nuisance and will not endanger sources of any public water supply.

adequate lighting and ventilation

Adequate and safe drinking water shall be available at all times

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Adequate number of sanitary facilities

Sewage disposal

The storage, preparation and serving of food shall be in accordance withChapter III of this Code.

Refuse cans shall be provided at strategic points in the ground area providedwith tight fitting cover. A regular collection service shall be maintained.

Maintained clean, free from litter and accumulated rubbish.

Program for Vermin Control

DANCING SCHOOLS, DANCE HALLS AND NIGHT CLUBS

Sanitary Permit

Maintained clean and sanitary

adequate potable water and toilet facilities

There shall be no private rooms or separate compartments for public useexcept those used for lavatories, dressing rooms, bars and kitchens

No person shall employed as hostess or cook or bartender or waiter without

first securing a health certificate from the local health authority The storage, preparation and serving of food and drinks shall be in

accordance with the provisions prescribed in Chapter III of this Code

TONSORIAL AND BEAUTY ESTABLISHMENTS

Sanitary Permit

Maintained clean and sanitary

No person shall be employed to service customers without a health certificateissued by the local health authority.

Employees are required to observe correct sanitary practices

MASSAGE CLINICS AND SAUNA BATH ESTABLISHMENTS

Sanitary Permit

rooms shall be properly lighted and ventilated

massage rooms shall be adequately ventilated, provided with a sliding curtainat the entrance and equipped with a suitable and clean massage table

Sanitary and adequate handwashing, bath and toilet facilities shall beavailable

Customers shall be provided with soap, clean towels, sanitized rubber orplastic slippers. They shall be required to take a thorough bath beforemassage.

establishment and its premises shall be maintained clean and sanitary at alltimes

HOTELS, MOTELS AND APARTMENTS, LODGING, BOARDING, ORTENEMENT HOUSES, AND CONDOMINIUMS

Sanitary permit

adequate water supply, toilet and bath facilities

Establishments and their premises shall be kept clean and sanitary at alltimes.

Periodic insect and vermin control measures shall be undertaken

Animals, fowls and pets shall be housed in appropriate kennels or cagesseparate from living quarters.

No person shall be employed in establishments without first procuring ahealth certificate from the local health authority

PORT, AIRPORT, VESSEL AND AIRCRAFT SANITATION

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potable drinking water and wholesome food supplied from sources approvedby the Secretary or his duly authorized representative

available to as many ports and airports as practicable organized medical andhealth services with adequate staff, equipment and facilities for the promptisolation and care of infected persons, disinfection, disinsecting, deratting,laboratory examination, collection and examination of rodents for plague

infection, collection of water and food samples for examination

Keep port and airport installation free of rodents.

Facilities shall be provided for immunizations required in international travel.

Kept free from mosquito vectors of yellow fever, malaria and other diseasesof epidemiological significance.

SEWAGE COLLECTION AND DISPOSAL, EXCRETA DISPOSAL ANDDRAINAGE

Maintenance of public sewage system

Compliance with proper sewage and septic tank requirements

Approved excreta disposal facilities

REFUSE DISPOSAL

Refuse is an inclusive term for all solid waste products consisting of garbage,rabbish, ashes, night soil, manure, dead animals, street sweepings andindustrial wastes.

Cities and municipalities shall provide an adequate and efficient system ofcollecting, transporting and disposing refuse in their areas of jurisdiction in amanner approved by the local health authority.

Occupants of buildings and residences shall provide a sufficient number ofreceptacles for refuse, which will be protected from vermin

Refuse shall not be thrown in any street, sidewalk, yard, park or any body ofwater

Streets shall be kept clean by occupants or owners of properties lining thestreet from the line of the property to the middle of the street and from oneproperty to the other.

Parks, plazas and streets adjacent to public buildings shall be kept clean bythe local government concerned

NUISANCES AND OFFENSIVE TRADES AND OCCUPATIONS

Nuisance Anything that injures health, endangers life, offends the senses or

produces discomfort to the community Offensive trades or occupations: Soap boiling, Guts cleaning, Boiling of offal,

bones, fat or lard, Manufacturing of glue or fertilizer, Skin curing, Scrapprocessing, Manure storing, Lime burning, Lye making, Any manufacturingprocess in which lead, arsenic, mercury, phosphorous, or other poisonoussubstance is used.

Nuisances:

1. Public or private premises maintained and used in a manner injurious tohealth

2. Breeding places and harborages of vermin3. Animals and their carcasses which are injurious to health

4. Accumulation of refuse5. Noxious matter or waste water discharged improperly in streets6. Animals stockage maintained in a manner injurious to health7. Excessive noise8. Illegal shanties in public or private properties

DISPOSAL OF DEAD PERSONS

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It shall be unlawful for any person to bury remains in places other than thoselegally authorized

A burial ground shall at least be 25 meters distant from any dwelling houseand no house shall be constructed within the same distance from any burialground.

No burial ground shall be located within 50 meters from either side of a riveror within 50 meters from any source of water supply.

Compliance with burial requirements such as death certificate, proper depthof graves, shipment of remains abroad shall governed by Bureau ofQuarantine

Except when required by legal investigation or when permitted by the localhealth authority, no unembalmed remains shall remain unburied longer than48 hours after death

When the cause of death is a dangerous communicable disease, the remainsshall be buried within 12 hours after death. They shall not be taken to anyplace of public assembly. Only the adult members of the family of thedeceased may be permitted to attend the funeral.

In case of disinterment, it must comply with the following requirements:

1. Permission to disinter remains of persons who died of non-dangerouscommunicable diseases may be granted after a burial period of threeyears

2. Permission to disinter remains of person who died of dangerouscommunicable diseases may be granted after a burial period of fiveyears.

3. For earlier period, subject to approval of Regional Director4. the remains shall be disinfected and places in a durable and sealed

container prior to their final disposal

Funeral and Embalming Establishments are subject to sanitary permit andlicensing requirements

Special Precautions for cadavers containing radioactive isotopes

Local Governments are required to reserve appropriate tracts of land undertheir jurisdiction, for cemeteries subject to approval of Regional Directorsconcerned

(d) P.D. No. 979, Marine Pollution Decree

Discharge" includes, but is not limited to, any spilling, leaking, pumping,pouring, emitting, emptying or dumping but does not include discharge ofeffluents from industrial or manufacturing establishments, or mill

Dumping" means any deliberate disposal at sea and into navigable waters ofwastes or other matter from vessels, aircraft, platforms or other man-madestructures at sea, including the disposal of wastes or other matter directlyarising from or related to the exploration, exploitation and associated off-shore processing of sea bed mineral resources unless the same is permittedand/or regulated under this decree: Provided, That it does not mean adisposition of any effluent from any outfall structure to the extent that suchdisposition is regulated under the provisions of Republic Act Numbered ThreeThousand Nine Hundred Thirty-One, nor does it mean a routine discharge ofeffluent or other matter incidental to the propulsion of, or derived from thenormal operations of vessels, aircraft, platforms or other man-madestructures at sea and their equipment

Oil" means oil of any kind or in any form including, but not limited to,petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other thandredge spoil

Refuse" means garbage, waste, wood residues, sand, lime cinders ashes,offal, nightsoil, tar, dye staffs, acids, chemicals and substances other thansewage and industrial wastes that may cause pollution.

PROHIBITED ACTS

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1. discharge, dump or suffer, permit the discharge of oil, noxiousgaseous and liquid substances and other harmful substances from orout of any ship, vessel, barge, or any other floating craft, or otherman-made structures at sea, by any method, means or manner, intoor upon the territorial and inland navigable waters of the Philippines

2. throw, discharge or deposit, dump, or cause suffer or procure to be

thrown, discharged, or deposited either from or out of any ship,barge, or other floating craft of vessel of any kind, or from the shore,wharf, manufacturing establishment, or mill of any kind, any refusematter of any kind or description whatever other than that flowingfrom streets and sewers and passing therefrom in a liquid state intotributary of any navigable water from which the same shall float or bewashed into such navigable water

3. . deposit or cause, suffer or procure to be deposited material of anykind in any place on the bank of any navigable water or on the bankof any tributary of any navigable water, where the same shall beliable to be washed into such navigable water, either by ordinary orhigh tides, or by storms or floods, or otherwise, whereby navigation

shall or may be impeded or obstructed or increased the level ofpollution of such water.

Exceptions:1. In cases of emergency imperiling life or property, or unavoidable accident,collision, or stranding or,

2. in any cases which constitute danger to human life or property or a realthreat to vessels, aircraft, platforms, or other man-made structure,

3. or if dumping appears to be the only way of averting the threat and if there

is probability that the damage consequent upon such dumping will be lessthan would otherwise occur,

4. and except as otherwise permitted by regulations prescribed by theNational Pollution Control Commission or the Philippine Coast Guard

(e) P.D. No. 1067, Water Code;

Subject to the provisions of this Code concerning the control, protection,conservation, and regulation of the appropriation and use of waters, any personmay appropriate or use natural bodies of water without securing a water permit

for any of the following:

(a) Appropriation of water by means of handcarried receptacles; and

(b) Bathing or washing, watering or dipping of domestic or farm animals, andnavigation of watercrafts or transportation of logs and other objects by flotation.

WATER PERMIT

Only citizens of the Philippines, of legal age, as well as juridical persons, who areduly qualified by law to exploit and develop water resources, may apply for waterpermits

All water permits granted shall be subject to conditions of beneficial use,adequate standards of design and construction, and such other terms andconditions as may be imposed by the Council.

The measure and limit of appropriation of water shall be beneficial use.

Beneficial use of water is the utilization of water in the right amount during theperiod that the water is needed for producing the benefits for which the water isappropriated.

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Water permits shall continue to be valid as long as water is beneficially used;however, it maybe suspended on the grounds of non-compliance with approvedplans and specifications or schedules of water distribution; use of water for apurpose other than that for which it was granted; non-payment of water charges;wastage; failure to keep records of water diversion, when required; and violationof any term or condition of any permit or rules and regulations promulgated by

the Council. Water permits may be revoked after due notice and hearing on grounds of non-

use; gross violation of the conditions imposed in the permit; unauthorized sale ofwater; willful failure or refusal to comply with rules and regulations of any lawfulorder; pollution, public nuisance or acts detrimental to public health and safety;when the appropriator is found to be disqualified under the law to exploit anddevelop natural resources of the Philippines; when, in the case, of irrigation, theland is converted to non-agricultural purposes; and other similar grounds.

HYDRAULIC WORKS

In the construction and operation of hydraulic works, due consideration shall begiven to the preservation of scenic places and historical relics and, in addition tothe provisions of existing laws, no works that would required the destruction orremoval of such places or relics shall be undertaken without showing that thedistribution or removal is necessary and unavoidable.

Authority for the construction of dams, bridges and other structures across ofwhich may interfere with the flow of navigable or flotable waterways shall first besecured from the Department of Public Works, Transportation andCommunications.

Except in cases of emergency to save life or property, the construction or repairof the following works shall be undertaken only after the plans and specificationstherefor, as may be required by the Council, are approved by the proper

government agency; dams for the diversion or storage of water; structures for theuse of water power, installations for the utilization of subterranean or groundwater and other structures for utilization of water resources.

DEVELOPMENT OF HOT SPRINGS

No excavation for the purpose of emission of a hot spring or for the enlargementof the existing opening thereof shall be made without prior permit.

STREAMS, RIVERS, LAGOON, LAKES OR SPRINGS

No person shall develop a stream, lake, or spring for recreational purposes

without first securing a permit from the Council. No person shall raise or lower the water level of a river stream, lake, lagoon, or

marsh nor drain the same without a permit.

The banks of rivers and streams and the shores of the seas and lakes throughouttheir entire length and within a zone of three (3) meters in urban areas, twenty(20) meters in agricultural areas and forty (40) meters in forest areas, along theirmargins are subject to the easement of public use in the interest of recreation,navigation, floatage, fishing and salvage. No person shall be allowed to stay inthis zone longer than what is necessary for recreation, navigation, floatage,fishing or salvage or to build structures of any kind.

River beds, sand bars and tidal flats may not be cultivated except upon priorpermission from the Secretary of the Department of Public Works, Transportation

and Communication and such permission shall not be granted where suchcultivation obstructs the flow of water or increase flood levels so as to causedamage to other areas.

INDUCEMENT OF RAINFALL

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Unless-otherwise ordered by the President of the Philippines and only in time ofnational calamity or emergency, no person shall induce or restrain rainfall by anymethod such as cloud seeding without a permit from the proper governmentemergency.

CONSERVATION AND PROTECTION OF WATERS AND WATERSHEDS ANDRELATED LAND RESOURCES

Water pollution - impairment of the quality of water beyond a certain standard.This standard may vary according to the use of the water and shall be set by theNational Pollution Control Commission.

After due notice and hearing when warranted by circumstances, minimum streamflows for rivers and streams, and minimum water levels for lakes may beestablished by the Council under such conditions as may be necessary for theprotection of the environment, control of pollution, navigation, prevention of saltdamage, and general public use.

Any watershed or any area of land adjacent to any surface water or overlying anyground water may declared by the Department of Natural Resources asprotected area Rules and regulations may be promulgated by such Departmentto prohibit or control such activities by the owners or occupants thereof within theprotected area which may damage or cause the deterioration of the surfacewater or ground water or interfere with the investigation, use, control, protection,management or administration of such waters.

It shall be the duty of any person in control of a well to prevent the water fromflowing on the surface of the land, or into any surface water, or any porousstratum underneath the surface without being beneficially used

It shall be the duty of any person in control of a well containing water withminerals or other substances injurious to man, animals, agriculture, and

vegetation to prevent such waters from flowing on the surface of the land or intoany surface water or into any other aquifer or porous stratum

No person shall utilize an existing well or pond or spread waters for rechargingsubterranean or ground water supplies without prior permission of the Council.

To promote better water conservation and usage for irrigation purposes, themerger of irrigation associations and the appropriation of waters by associationsinstead of by individuals shall be encouraged.

No water permit shall be granted to an individual when his water requirement canbe supplied through an irrigation association.

In the consideration of a proposed water resource project, due regard shall begiven to ecological changes resulting from the construction of the project in orderto balance the needs of development and the protection of the environment.

The conservation of fish and wildlife shall receive proper consideration and shallbe coordinated with other features of water resources development programs toinsure that fish and wildlife values receive equal attention with other projectpurposes.

Swamps and marshes which are owned by the State and which primary value forwaterfowl propagation or other wildlife purposes may be reserved and protectedfrom drainage operation and development.

No person shall, without prior permission from the National Pollution ControlCommission, build any works that may produce dangerous or noxioussubstances or perform any act which may result in the introduction of sewage,industrial waste, or any pollutant into any source of water supply.

The establishment of cemeteries and waste disposal areas that may affect thesource of a water supply or a reservoir for domestic or municipal use shall besubject to the rules and regulations promulgated by the Department of Health.

Tailings from mining operations and sediments from placer mining shall not bedumped into rivers and waterways without prior permission from the Councilupon recommendation by the National Pollution Control Commission.

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The application of agricultural fertilizers and pesticides may be prohibited orregulated by the National Pollution Control Commission in the areas where suchapplication may cause pollution of a source of water supply

(f) P.D. No. 1151, Philippine Environmental Policy of 1977

Pursuant to the above enunciated policies and goals, all agencies andinstrumentalities of the national government, including government-owned orcontrolled corporations, as well as private corporations, firms and entities shallprepare, file and include in every action, project or undertaking which significantlyaffects the quality of the environment a detailed statement on:

a. the environmental impact of the proposed action, project or undertaking;

b. any adverse environmental effect which cannot be avoided should theproposal be implemented;

c. alternative to the proposed action;

d. a determination that the short-term uses of the resources of theenvironment are consistent with the maintenance and enhancement of thelong-term productivity of the same; and

e. whenever a proposal involves the use of depletable or nonrenewableresources, a finding must be made that such use and commitment arewarranted.

Before an environmental impact statement is issued by a lead agency, allagencies having jurisdiction over, or special expertise on, the subject matter

involved shall comment on the draft environmental impact statement made by thelead agency within thirty (30) days from the receipt of the same.

(g) P.D. No. 1433, Plant Quarantine Law of 1978

"Plants" shall compromise living plants and parts thereof, including seeds,cuttings, rhizomes, bulbs and corns, grafts, leaves, roots, scions and others thatare capable of propagation.

"Plant Products" shall mean products derived from plants, either in their

natural state or in manufactured or processed form and are capable of harboringplant pests.

"Potential Animal Pest" shall compromise certain species of animal that areliable to become agricultural crop pests such as insects, monkeys, rodents, bats,finches, rabbits, snails and other forms of animal life capable of causing injury toagricultural crops.

"Packing Materials" includes leaves, straw, bark and other plant materialsused as wrapping, packing, or converting and are capable of harboring plantpets.

"Plant Pest" any form of plant or animal life, or any pathogenic agent, injuriousor potentially injurious to plants and/or plant products.

The importation and/or introduction into the Philippines of plants, plant products,soil, packing materials of plant origin capable of harboring and are a source ofmedium of infection/infestation of plant pests, is hereby restricted subject to such

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quarantine orders, rules and regulations as may be promulgated, from time totime, by the Director with the approval of the Secretary of Agriculture.

The importation of certain species of animals which are liable to becomeagricultural crop pests and are capable of causing injury to agricultural crops, ishereby prohibited. However, importation in limited quantities for a justifiablepurpose and upon a written permit from the Director of Plant Industry, may be

allowed. The Director and/or Plant Quarantine Officers shall cause the inspection and

phytosanitary certification of all plants, plant products and other related materialscapable of harboring plant pests, if the importing country so requires.

Commodities mentioned under Section 3 and 4 of this Decree, as well as, foodprovisions of plant origin and plant ornaments on board carriers, that are intransit shall be required of a clearance from the Plant Quarantine Officersassigned at the port concerned.

In order to prevent and arrest the spread to other areas, of injurious plant pestsexisting in certain localities within the Philippines, the Director, and/or the PlantQuarantine Officers shall cause the inspection; treatment, if necessary; andcertification of plants and plant products involved in the movement from onelocality to another within the country.

(h) P.D. No. 1586, Establishing an Environmental Impact Statement SystemIncluding Other Environmental Management Related Measures and for OtherPurposes;

There is hereby established an Environmental Impact Statement System foundedand based on the environmental impact statement required, under Section 4 ofPresidential Decree No. 1151, of all agencies and instrumentalities of the nationalgovernment, including government-owned or controlled corporations, as well asprivate corporations, firms and entities, for every proposed project and

undertaking which significantly affect the quality of the environment. The President of the Philippines may, on his own initiative or upon

recommendation of the National Environmental Protection Council, byproclamation declare certain projects, undertakings or areas in the country asenvironmentally critical. No person, partnership or corporation shall undertake oroperate any such declared environmentally critical project or area without firstsecuring an Environmental Compliance Certificate issued by the President or hisduly authorized representatives. For the proper management of said criticalproject or area, the President may by his proclamation reorganize suchgovernment offices, agencies, institutions, corporations or instrumentalitiesincluding the re-alignment of government personnel, and their specific functionsand responsibilities.

(i) R.A. No. 3571, Prohibition Against the Cutting, Destroying or Injuring ofPlanted or Growing Trees, Flowering Plants and Shrubs or Plants of ScenicValue along Public Roads, in Plazas, Parks, School Premises or in anyOther Public Ground;

No cutting, destroying, or injuring of planted or growing trees, flowering plantsand shrubs or plants of scenic value along public roads, in plazas parks,school premises or in any other public ground shall be permitted save whenthe cutting, destroying, or injuring of same is necessary for public safety, orsuch pruning of same is necessary to enhance its beauty and only upon therecommendation of the committee mentioned in the preceding section, andupon the approval of the Director of Parks and Wildlife. The cutting,

destroying, or pruning shall be under the supervision ofthe committee.

(j) R.A. No. 4850, Laguna Lake Development Authority Act

To make a comprehensive survey of the physical and natural resources andpotentialities of the Laguna Lake region particularly its social and economicconditions, hydrologic characteristics, power potentials, scenic and tourist

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spots, regional problems, and on the basis thereof, to draft a comprehensiveand detailed plan designed to conserve and utilize optimally the resourceswithin the region particularly Laguna de Bay to promote the region's rapidsocial and economic development and upon approval by the NationalEconomic and Development Authority (NEDA) Board of such plan, toimplement the same including projects in line with said plan: Provided, That

implementation of all fisheries plans and programs of the authority shallrequire prior consensus of the Bureau of Fisheries and Aquatic Resources toensure that such plans and programs are consistent with the nationalfisheries plans and programs. For the purpose of said survey, public agenciesshall submit and private entities shall provide necessary data except suchdata which under existing laws are deemed inviolable.

To provide the machinery for extending the necessary planning, managementand technical assistance to prospective and existing investors in the region;

To make recommendation to the proper agencies on the peso or dollarfinancing, technical support, physical assistance and, generally, the level ofpriority to be accorded agricultural, industrial and commercial projects,soliciting or requiring direct help from or through the government or any of its

instrumentalities;

To pass upon and approve or disapprove all plans, programs, and projectsproposed by local government offices/agencies within the region, publiccorporations, and private persons or enterprises where such plans, programsand/or projects are related to those of the Authority for the development ofthe region as envisioned in this Act. The Authority shall issue the necessaryclearance for approved proposed plans, programs, and projects within thirtydays from submission thereof unless the proposals are not in consonancewith those of the Authority or that those will contribute to the unmanageablepollution of the Laguna Lake waters or will bring about the ecologicalimbalance of the region: Provided, further, That the Authority is herebyempowered to institute necessary legal proceeding against any person whoshall commence to implement or continue implementation of any project, planor program within the Laguna de Bay region without previous clearance fromthe Authority: Provided, furthermore, That any local government office,agency, public corporation, private person, or enterprise whose plans,programs and/or projects have been disapproved by the Authority mayappeal the decision of the Authority to the NEDA within fifteen (15) days fromreceipt of such disapproval whose decision on the matter shall be final.Reasonable processing fees as may be fixed by the Authority's Board ofDirectors shall be collected by the Authority for the processing of such plans,programs and/or projects: Provided, finally, The expansion plans shall beconsidered as new plans subject to review of the Authority and to payment ofthe processing fees.

The Authority and national and local government offices, agencies and publiccorporations shall coordinate their plans, programs, projects and licensingprocedures with respect to the Laguna Lake region for the purpose ofdrawing up a Laguna Lake development plan which shall be binding upon allparties concerned upon approval of the NEDA board.

To engage in agriculture, industry, commerce, or other activities within theregion which may be necessary or directly contributory to the socio-economicdevelopment of the region, and, for this purposes, whether by itself or incooperation with private persons or entities, to organize, finance, invest in,and operate subsidiary corporations: Provided, That the Authority shallengage only, unless public interest requires otherwise, in those activities asare in the nature of new ventures or are clearly beyond the scope, capacity,or interest or private enterprises due to consideration of geography, technicalor capital requirements, returns on investment, and risk;

To plan, program finance/or undertake infrastructure projects such as river,flood and tidal control works, waste water and sewerage works, water supply,roads, portworks, irrigation, housing and related works, when so requiredwithin the context of its development plans and programs including thereadjustment, relocation or settlement of population within the region as may

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be necessary and beneficial by the Authority: Provided, That should anyproject be financed wholly or in part by the Authority, it is hereby authorizedto collect reasonable fees and tolls as may be fixed by its Board of Directorssubject to the approval of the NEDA Board from users and/or beneficiariesthereof to recover costs of construction, operation and maintenance of theprojects: Provided, further, That if the Authority should find it necessary to

undertake such infrastructure projects which are classified, as socialoverhead capital projects as determined by the NEDA, the Authority shall beauthorized to receive financial assistance from the government in suchamount as may be necessary to carry out the said projects subject to suchterms and condition that may be imposed by the government, uponrecommendation of the NEDA Board: Provided, finally, That such amount asmay be necessary for the purpose is hereby authorized to be appropriatedout of the funds of the National Treasury not otherwise appropriated.

To reclaim or cause to the reclaimed portions of the Lake or undertakereclamation projects and/or acquire such bodies of land from the lake whichmay be necessary to accomplish the aims and purposes of the Authoritysubject to the approval of the NEDA Board: Provided, That the land so

reclaimed shall be the property of the Authority and title thereto shall bevested in the Authority: Provided, further, That the resulting lake shore shallcontinue to be owned by the national government.

The provisions of existing laws to the contrary notwithstanding, to engage infish production and other aqua-culture projects in Laguna de Bay and otherbodies of water within its jurisdiction and in pursuance thereof to conductstudies and make experiments, whenever necessary, with the collaborationand assistance of the Bureau of Fisheries and Aquatic Resources, with theend in view of improving present techniques and practice. Provided, That untilmodified, altered or amended by the procedure provided in the following sub-paragraph, the present laws, rules and permits or authorizations remain inforce

For the purpose of effectively regulating and monitoring activities in Lagunade Bay, the Authority shall have exclusive jurisdiction to issue new permit forthe use of the lake waters for any projects or activities in or affecting the saidlake including navigation, construction, and operation of fishpens, fishenclosures, fish corrals and the like, and to impose necessary safeguards forlake quality control and management and to collect necessary fees for saidactivities and projects: Provided, That the fees collected for fisheries may beshared between the Authority and other government agencies and politicalsub-divisions in such proportion as may be determined by the President ofthe Philippine upon recommendation of the Authority's Board: Provided,further, That the Authority's Board may determine new areas of fisheriesdevelopment or activities which it may place under the supervision of theBureau of Fisheries and Aquatic taking into account the overall developmentplans and programs for Laguna de Bay and related bodies of water:Provided, finally, That the Authority shall subject to the approval of thePresident of the Philippines promulgate such rules and regulations whichshall govern fisheries development activities in Laguna de Bay which shalltake into consideration among others the following: socioeconomicamelioration of bonafide resident fisherman whether individually orcollectively in the form of cooperatives, lakeshore town development, amaster plan for fishpen construction and operation, communal fishing groundfor lakeshore town residents, and preference to lakeshore town residents inhiring laborers for fishery projects.

To require the cities and municipalities embraced within the region to passappropriate zoning ordinances and other regulatory measures necessary tocarry out the objectives of the Authority and enforce the same with theassistance of the Authority.

The provisions of existing laws to the contrary notwithstanding, to exercisewater rights over public waters within the Laguna de Bay region whenevernecessary to carry out the Authority's projects;

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To act in coordination with existing governmental agencies in establishingwater quality standards for industrial, agricultural and municipal wastedischarges into the lake and to cooperate with said existing agencies of thegovernment of the Philippines in enforcing such standards, or to separatelypursue enforcement and penalty actions as provided for in Sec. 4(d) and Sec.39-A of this Act: Provided, That in case of conflict on the appropriate water

quality standard to be enforced such conflict shall be resolved thru the NEDABoard;

To develop water supply from ground and/or lake water resources formunicipal, agricultural and industrial usages, in coordination with the NationalWater Resources Council created by Presidential Decree No. 424 datedMarch 28, 1974 or its successors in interests, and to enter into agreementswith municipalities, governmental agencies and corporations and the privatesector to supply, distribute and market such water;

Undertake studies on the improvement and maintenance of the desirable lakewater quality of Laguna de Bay, and in pursuance thereof, prepare a waterquality management program on a continuing basis, subject to the approvalof the NEDA, which the Authority shall carry out with the assistance andsupport of all national and local government units involved in water qualitymanagement.

(k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act

Before any new chemical substance or mixture can be manufactured, processedor imported for the first time as determined by the Department of Environmentand Natural Resources, the manufacturer, processor or importer shall submit thefollowing information: the name of the chemical substance or mixture; itschemical identity and molecular structure; proposed categories of use; anestimate of the amount to be manufactured, processed or imported; processing

and disposal thereof; and any test data related to health and environmentaleffects which the manufacturer, processor or importer has.

The Secretary of Environment and Natural Resources or his duly authorizedrepresentatives shall, within ninety (90) days from the date of filing of the noticeof manufacture, processing or importation of a chemical substance or mixture,decide whether or not to regulate or prohibit its importation, manufacture,processing, sale, distribution, use or disposal. The Secretary may, for justifiablereasons, extend the ninety-day pre-manufacture period within a reasonable time.

CHEMICALS SUBJECT TO TESTING

There is a reason to believe that the chemical substance or mixture may presentan unreasonable risk to health or the environment or there may be substantialhuman or environmental exposure thereto

There are insufficient data and experience for determining or predicting thehealth and environmental effects of the chemical substance or mixture

The testing of the chemical substance or mixture is necessary to develop suchdata.

The manufacturers, processors or importers shall shoulder the costs of testingthe chemical substance or mixture that will be manufactured, processed orimported.

PROHIBITED ACTS

Knowingly use a chemical substance or mixture which is imported,manufactured, processed or distributed in violation of this Act or implementingrules and regulations or orders;

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Failure or refusal to submit reports, notices or other information, access torecords as required by this Act, or permit inspection of establishment wherechemicals are manufactured, processed, stored or otherwise held

Failure or refusal to comply with the pre-manufacture and pre-importationrequirements

Cause, aid or facilitate, directly or indirectly, in the storage, importation, orbringing into Philippine territory, including its maritime economic zones, even intransit, either by means of land, air or sea transportation or otherwise keeping instorage any amount of hazardous and nuclear wastes in any part of thePhilippines.

(l) R.A. No. 7076, Peoples Small-Scale Mining Act

Small-scale mining" refers to mining activities which rely heavily on manual laborusing simple implement and methods and do not use explosives or heavy miningequipment;

"Small-scale miners" refer to Filipino citizens who, individually or in the company

of other Filipino citizens, voluntarily form a cooperative duly licensed by theDepartment of Environment and Natural Resources to engage, under the termsand conditions of a contract, in the extraction or removal of minerals or ore-bearing materials from the ground;

"Small-scale mining contract" refers to co-production, joint venture or mineralproduction sharing agreement between the State and a small-scale miningcontractor for the small-scale utilization of a plot of mineral land;

"Small-scale mining contractor" refers to an individual or a cooperative of small-scale miners, registered with the Securities and Exchange Commission or otherappropriate government agency, which has entered into an agreement with theState for the small-scale utilization of a plot of mineral land within a people'ssmall-scale mining area;

Declaration of People's Small-scale Mining Areas. The Board is herebyauthorized to declare and set aside people's small-scale mining areas in sitesonshore suitable for small-scale mining, subject to review by the Secretary,immediately giving priority to areas already occupied and actively mined bysmall-scale miners before August 1, 1987: Provided, That such areas are notconsidered as active mining areas: Provided, further, That the minerals foundtherein are technically and commercially suitable for small-scale mining activities:Provided, finally, That the areas are not covered by existing forest rights orreservations and have not been declared as tourist or marine reserved, parksand wildlife reservations, unless their status as such is withdrawn by competentauthority.

Future People's Small-scale Mining Areas. The following lands, when suitable

for small-scale mining, may be declared by the Board as people's small scalemining areas:

(a) Public lands not subject to any existing right(b) Public lands covered by existing mining rights which are not active mining

areas; and(c) Private lands, subject to certain rights and conditions, except those withsubstantial improvements or in bona fide and regular use as a yard, stockyard,garden, plant nursery, plantation, cemetery or burial site, or land situated withinone hundred meters (100 m.) from such cemetery or burial site, water reservoiror a separate parcel of land with an area of ten thousand square meters (10,000sq. m.) or less.

Ancestral Lands. No ancestral land may be declared as a people'ssmall-scale mining area without the prior consent of the cultural communitiesconcerned: Provided, That, if ancestral lands are declared as people's small-scale mining areas, the members of the cultural communities therein shall begiven priority in the awarding of small-scale mining contracts

(m) R.A. No. 7586, National Integrated Protected Areas System Act including alllaws, decrees, orders, proclamations and issuances establishing protected areas

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Definition of Terms:

Protected area refers to identified portions of land and water set aside byreason of their unique physical and biological significance, managed toenhance biological diversity and protected against destructive humanexploitation

Buffer zones are identified areas outside the boundaries of and immediatelyadjacent to designated protected areas pursuant to Section 8 that needspecial development control in order to avoid or minimize harm to theprotected area

Indigenous cultural community refers to a group of people sharingcommon bonds of language, customs, traditions and other distinctive culturaltraits, and who have, since time immemorial, occupied, possessed andutilized a territory;

National park refers to a forest reservation essentially of natural wildernesscharacter which has been withdrawn from settlement, occupancy or any formof exploitation except in conformity with approved management plan and setaside as such exclusively to conserve the area or preserve the scenery, thenatural and historic objects, wild animals and plants therein and to provideenjoyment of these features in such areas

Natural monument is a relatively small area focused on protection of smallfeatures to protect or preserve nationally significant natural features onaccount of their special interest or unique characteristics;

Natural biotic area is an area set aside to allow the way of life of societiesliving in harmony with the environment to adapt to modem technology at theirpace;

Natural park is a relatively large area not materially altered by human activitywhere extractive resource uses are not allowed and maintained to protectoutstanding natural and scenic areas of national or international significance

for scientific, educational and recreational use Protected landscapes/seascapes are areas of national significance which

are characterized by the harmonious interaction of man and land whileproviding opportunities for public enjoyment through recreation and tourismwithin the normal lifestyle and economic activity of these areas;

Resource reserve is an extensive and relatively isolated and uninhabitedarea normally with difficult access designated as such to protect naturalresources of the area for future use and prevent or contain developmentactivities that could affect the resource pending the establishment ofobjectives which are based upon appropriate knowledge and planning

Strict nature reserve is an area possessing some outstanding ecosystem,features and/or species of flora and fauna of national scientific importance

maintained to protect nature and maintain processes in an undisturbed statein order to have ecologically representative examples of the naturalenvironment available for scientific study, environmental monitoring,education, and for the maintenance of genetic resources in a dynamic andevolutionary state;

Tenured migrant communities are communities within protected areaswhich have actually and continuously occupied such areas for five (5) yearsbefore the designation of the same as protected areas in accordance with this

Act and are solely dependent therein for subsistence; and

Wildlife sanctuary comprises an area which assures the natural conditionsnecessary to protect nationally significant species, groups of species, biotic

communities or physical features of the environment where these mayrequire specific human manipulation for the perpetuation.

Protected areas, except strict nature reserves and natural parks, may besubjected to exploration only for the purpose of gathering information onenergy resources and only if such activity is carried out with the least damageto surrounding areas. Surveys shall be conducted only in accordance with aprogram approved by the DENR, and the result of such surveys shall be

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made available to the public and submitted to the President forrecommendation to Congress. Any exploitation and utilization of energyresources found within NIPAS areas shall be allowed only through a lawpassed by Congress.

PROHIBITED ACTS:

Except as may be allowed by the nature of their categories and pursuant torules and regulations governing the same, the following acts are prohibitedwithin protected areas:1. Hunting, destroying, disturbing, or mere possession of any plants or

animals or products derived therefrom without a permit from theManagement Board;

2. Dumping of any waste products detrimental to the protected area, or tothe plants and animals or inhabitants therein;

3. Use of any motorized equipment without a permit from the ManagementBoard;

4. Mutilating, defacing or destroying objects of natural beauty, or objects ofinterest to cultural communities (of scenic value);

5. Damaging and leaving roads and trails in a damaged condition;6. Squatting, mineral locating, or otherwise occupying any land;7. Constructing or maintaining any kind of structure, fence or enclosures,

conducting any business enterprise without a permit;8. Leaving in exposed or unsanitary conditions refuse or debris, or

depositing in ground or in bodies of water; and9. Altering, removing destroying or defacing boundary marks or signs.

(n)R.A. No. 7611, Strategic Environmental Plan for Palawan Act ;

Strategic Environmental Plan. A comprehensive framework for the sustainabledevelopment of Palawan compatible with protecting and enhancing the naturalresources and endangered environment of the province is hereby adopted. Suchframework shall be known as the Strategic Environmental Plan for Palawan,hereinafter referred to as SEP, and shall serve to guide the local government ofPalawan and the government agencies concerned in the formulation andimplementation of plans, programs and projects affecting said province.

The SEP shall serve as the framework to guide the government agenciesconcerned in the formulation and implementation of plans, programs, andprojects affecting the environment and natural resources of Palawan. It shalltherefore be incorporated in the Regional Development Plan of Region IV as part

of said plan. All local governments in Palawan and the concerned national andregional government agencies operating therein shall coordinate and align theirprojects and the corresponding budgets with the projects, programs and policiesof the SEP, as administered and implemented by an administrative machineryhereinafter created.

Environmentally Critical Areas Network (ECAN). The SEP shallestablish a graded system of protection and development control over the wholeof Palawan, including its tribal lands, forests, mines, agricultural areas,settlement areas, small islands, mangroves, coral reefs, seagrass beds and thesurrounding sea. This shall be known as the Environmentally Critical AreasNetwork, hereinafter referred to as ECAN, and shall serve as the main strategy ofthe SEP.

The ECAN shall ensure the following:

1. Forest conservation and protection through the imposition of a totalcommercial logging ban in all areas of maximum protection and in such otherrestricted use zones as the Palawan Council for Sustainable Development ashereinafter created may provide;

2. Protection of watersheds;

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3. Preservation of biological diversity;

4. Protection of tribal people and the preservation of their culture;

5. Maintenance of maximum sustainable yield;

6. Protection of the rare and endangered species and their habitat;

7. Provision of areas for environmental and ecological research, educationand training; and

8. Provision of areas for tourist and recreation.

TERRESTRIAL ZONES:

Area of maximum protection or core zone This zone shall be fully andstrictly protected and maintained free of human disruption. Included here are alltypes of natural forest which include first growth forest, residual forest and edgesof intact forest, areas above one thousand (1,000) meters elevation, peaks ofmountains or other areas with very steep gradients, and endangered habitatsand habitats of endangered and rare species. Exceptions, however, may begranted to traditional uses of tribal communities of these areas for minimal andsoft impact gathering of forest species for ceremonial and medicinal purposes

Buffer zone This area permits regulated use and may be further subdividedinto three (3) sub-zones:

a. Restricted use area. Generally surrounds the core zoneand provides a protective barrier. Limited and nonconsumptiveactivities may be allowed in this area;

b. Controlled use area. Encircles and provides the outerbarrier to the core and restricted use areas. Controlled forestextraction, like the collecting of minor forest products, and strictlycontrolled logging and mining may be allowed; and

c. Traditional use area. Edges of intact forests wheretraditional land use is already stabilized or is being stabilized.Management and control shall be carried out with the othersupporting programs of the SEP.

Multiple/manipulative use area. This is the area where the landscape hasbeen modified for different forms of land use such as intensive timberextraction, grazing and pastures, agriculture and infrastructure development.Control and management shall be strictly integrated with the other supportingprograms of the SEP and other similar programs of the Government.

COASTAL/MARINE ZONE

A different and simplified scheme of management and zonation shall beapplied to this component due to its geographical characteristics, criticalnature, and patterns of resource use. Equitable access to the resource andmanagement responsibility by the local community shall be the underlying

management philosophy of this component.1. Core zone. This are shall be designated free from any human activity.This includes sanctuaries for rare and endangered species, selected coralreefs, seagrass, and mangrove ecosystem reserves.

2. Multiple use zone. Aside from being the development area, this zonealso serves as the buffer zone where fishery, mariculture, recreation,

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rehabilitation of small islands and mangrove ecosystem, education andresearch are allowed.

TRIBAL/ANCESTRAL LANDS

Areas, traditionally occupied by cultural minorities, comprise both land andsea areas. These shall be treated in the same graded system of control andprohibition as in the others abovementioned except for stronger emphasis incultural considerations. The SEP, therefore, shall define a special kind ofzonation to fulfill the material and cultural needs of the tribes usingconsultative processes and cultural mapping of the ancestral lands.

(o) R.A. No. 7942, Philippine Mining Act

All contractors and permittees shall strictly comply with all the mines safetyrules and regulations as may be promulgated by the Secretary concerningthe safe and sanitary upkeep of the mining operations and achieve waste-

free and efficient mine development. Personnel of the Department involved inthe implementation of mines safety, health and environmental rules andregulations shall be covered under Republic Act No. 7305.

Every contractor shall undertake an environmental protection andenhancement program covering the period of the mineral agreement orpermit. Such environmental program shall be incorporated in the workprogram which the contractor or permittee shall submit as an accompanyingdocument to the application for a mineral agreement or permit. The workprogram shall include not only plans relative to mining operations but also torehabilitation, regeneration, revegetation and reforestation of mineralizedareas, slope stabilization of mined-out and tailings covered areas,aquaculture, watershed development and water conservation; and

socioeconomic development.

REHABILITATION

Contractors and permittees shall technically and biologically rehabilitatethe excavated, mined-out, tailings covered and disturbed areas to thecondition of environmental safety, as may be provided in the implementingrules and regulations of this Act. A mine rehabilitation fund shall be created,based on the contractors approved work program, and shall be deposited asa trust fund in a government depository bank and used for physical and socialrehabilitation of areas and communities affected by mining activities and forresearch on the social, technical and preventive aspects of rehabilitation.Failure to fulfill the above obligation shall mean immediate suspension or

closure of the mining activities of the contractor/permittee concerned.

Areas Closed to Mining Applications

a. In military and other government reservations, except upon priorwritten clearance by the government agency concerned;

b. Near or under public or private buildings, cemeteries,archeological and historic sites, bridges, highways, waterways,railroads, reservoirs, dams or other infrastructure projects, public orprivate works including plantations or valuable crops, except upon

written consent of the government agency or private entityconcerned;

c. In areas covered by valid and existing mining rights;

d. In areas expressedly prohibited by law;

e. In areas covered by small-scale miners as defined by law unless

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with prior consent of the small-scale miners, in which case a royaltypayment upon the utilization of minerals shall be agreed upon by theparties, said royalty forming a trust fund for the socioeconomicdevelopment of the community concerned; and

f. Old growth or virgin forests, proclaimed watershed forest

reserves, wilderness areas, mangrove forests, mossy forests,national parks provincial/municipal forests, parks, greenbelts, gamerefuge and bird sanctuaries as defined by law and in areas expresslyprohibited under the National Integrated Protected Areas System(NIPAS) under Republic Act No. 7586, Department AdministrativeOrder No. 25, series of 1992 and other laws.

QUARRYING

Must have permit from provincial/city mining regulatory board

privately-owned lands and/or public lands

The maximum area which a qualified person may hold at any one time shallbe five hectares (5 has.): Provided, That in large-scale quarry operationsinvolving cement raw materials, marble, granite, sand and gravel andconstruction aggregates, a qualified person and the government may enterinto a mineral agreement as defined herein

INDUSTRIAL SAND AND GRAVEL

Any qualified person may be granted a permit by the provincial governor to extract andremove sand and gravel or other loose or unconsolidated materials which are used intheir natural state, without undergoing processing from an area of not more than fivehectares (5 has.) and in such quantities as may be specified in the permit.

CRIMINAL OFFENSES

Any person who knowingly presents any false application, declaration, or evidence to theGovernment or publishes or causes to be published any prospectus or other informationcontaining any false statement relating to mines, mining operations or mineralagreements, financial or technical assistance agreements and permits

Any person undertaking exploration work without the necessary exploration permit

Any person extracting minerals and disposing the same without a mining agreement,lease, permit, license, or steals minerals or ores or the products thereof from mines ormills or processing plants

Any person who willfully destroys or damages structures in or on the mining area or onthe mill sites

Any person who willfully sets fire to any mineral stockpile, mine or workings, fittings or amine, shall be guilty of arson

Any person who willfully damages a mine, unlawfully causes water to run into a mine, orobstructs any shaft or passage to a mine, or renders useless, damages or destroys anymachine, appliance, apparatus, rope, chain, tackle, or any other things used in a mine

Any person who, without justifiable cause, prevents or obstructs the holder of any permit,agreement or lease from undertaking his mining operations

Any person who willfully violates or grossly neglects to abide by the terms and conditionsof the environmental compliance certificate issued to said person and which causesenvironmental damage through pollution

Any person who illegally prevents or obstructs the Secretary, the Director or any of theirrepresentatives in the performance of their duties under the provisions of this Act and ofthe regulations promulgated hereunder

(p) R.A. No. 8371, Indigenous Peoples Rights Act

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Indigenous Concept of Ownership.- Indigenous concept of ownership sustains theview that ancestral domains and all resources found therein shall serve as the materialbases of their cultural integrity. The indigenous concept of ownership generally holdsthat ancestral domains are the ICC's/IP's private but community property which belongsto all generations and therefore cannot be sold, disposed or destroyed. It likewise coverssustainable traditional resource rights.

Unauthorized and unlawful intrusion upon, or use of any portion of the ancestral domain,or any violation of the rights herein before enumerated, shall be punishable under thislaw. Furthermore, the Government shall take measures to prevent non-ICCs/IPs fromtaking advantage of the ICCs/IPs customs or lack of understanding of laws to secureownership, possession of land belonging to said ICCs/IPs.

Environmental Consideration.- Ancestral domains or portion thereof, which are foundnecessary for critical watersheds, mangroves wildlife sanctuaries, wilderness, protectedareas, forest cover, or reforestation as determined by the appropriate agencies with thefull participation of the ICCs/IPs concerned shall be maintained, managed anddeveloped for such purposes. The ICCs/IPs concerned shall be given the responsibilityto maintain, develop, protect and conserve such areas with the full and effectiveassistance of the government agencies. Should the ICCs/IPs decide to transfer the

responsibility over the areas, said decision must be made in writing. The consent of theICCs/IPs should be arrived at in accordance with its customary laws without prejudice tothe basic requirement of the existing laws on free and prior informed consent: Provided,That the transfer shall be temporary and will ultimately revert to the ICCs/IPs inaccordance with a program for technology transfer: Provided, further, That no ICCs/IPsshall be displaced or relocated for the purpose enumerated under this section withoutthe written consent of the specific persons authorized to give consent.

RIGHTS OVER ANCESTRAL DOMAIN

1. The right to claim ownership over lands, bodies of water traditionally and actuallyoccupied by ICCs/IPs, sacred places, traditional hunting and fishing grounds, andall improvements made by them at any time within the domains

2. Right to Develop Lands and Natural Resources3. Right to Stay in the Territories4. In case displacement occurs as a result of natural catastrophes, the State shall

endeavor to resettle the displaced ICCs/IPs in suitable areas where they can havetemporary life support system: Provided, That the displaced ICCs/IPs shall havethe right to return to their abandoned lands until such time that the normalcy andsafety of such lands shall be determined.

5. Right to Regulate Entry of Migrants6. Right to Safe and Clean Air and Water7. Right to Claim Parts of Reservations

Responsibilities of ICCs/IPs to their Ancestral Domains.- ICCs/IPs occupying a duly certifiedancestral domain shall have the following responsibilities:

Maintain Ecological Balance- To preserve, restore, and maintain a balanced ecology inthe ancestral domain by protecting the flora and fauna, watershed areas, and otherreserves;

Restore Denuded Areas- To actively initiate, undertake and participate in thereforestation of denuded areas and other development programs and projects subject to

just and reasonable remuneration; and

Observe Laws- To observe and comply with the provisions of this Act and the rules andregulations for its effective implementation.

(q) R.A. No. 8550, Philippine Fisheries Code

Catch ceiling limitations prescribed by the Secretary of Agriculture

Establishment of closed season in any or all Philippine waters outside the boundary ofmunicipal waters and in bays, for conservation and ecological purposes

Protection of Rare, Threatened and Endangered Species

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Fish Refuge and Sanctuaries. - The Department may establish fish refuge andsanctuaries to be administered in the manner to be prescribed by the BFAR at leasttwenty-five percent (25%), but not more than forty percent (40%) of bays, foreshorelands, continental shelf or any fishing ground shall be set aside for the cultivation ofmangroves to strengthen the habitat and the spawning grounds of fish. Within theseareas not commercial fishing shall be allowed

PROHIBITED ACTS

No person shall exploit, occupy, produce, breed, culture, capture or gather fish, fry orfingerlings of any fishery species or fishery products, or engage in any fishery activity inPhilippine waters without a license, lease or permit

It shall be unlawful for any commercial fishing vessel to fish in bays and in such otherfishery management areas which may herein-after be declared as over exploited

It shall be unlawful for any person not listed in the registry of municipal fisherfolk toengage in any commercial fishing activity in municipal waters.

It shall be unlawful for any foreign person, corporation or entity to fish or operate any

fishing vessel in Philippine waters. It shall be unlawful for any person to catch, take or gather or cause to be caught, taken

or gathered, fish or any fishery species in Philippine waters with the use of electricity,explosives, noxious or poisonous substance such as sodium cyanide in the Philippinefishery areas, which will kill, stupefy, disable or render unconscious fish or fisheryspecies

It will likewise be unlawful for any person, corporation or entity to possess, deal in, sell orin any manner dispose of, any fish or fishery species which have been illegally caught,taken or gathered.

It shall be unlawful to engage in fishing using nets with mesh smaller than that withwhich may be fixed by the Department

It shall be unlawful to engage in fishing in municipal waters and in all bays as well as

other fishery management areas using active fishing gears as defined in this Code. Coral Exploitation and Importation

Muro-ami and Other Methods and Gear Destructive to Coral Reefs and Other MarineHabitat

It shall be unlawful for any person to convert mangroves into fishponds or for any otherpurposes.

It shall be unlawful to fish in overfished area and during closed season

It shall be unlawful to fish in fishery areas declared by the Department as fisheryreserves, refuge and sanctuaries

It shall be unlawful to fish or take rare, threatened or endangered species as listed in theCITES and as determined by the Department.

It shall be unlawful for any person to catch, gather, capture or possess mature milkfish or"sabalo" and such other breeders or spawners of other fishery species as may bedetermined by the Department

Exportation of breeders, spawners, eggs or fry

Any importation or exportation of fish or fisheries species in violation of this Code

It shall be unlawful for any person to fish in violation of catch ceilings

Aquatic pollution, as defined in this Code shall be unlawful

Failure to Comply with Minimum Safety Standards

Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish Cages

Gathering and Marketing of Shell Fishes

Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay

Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages withoutlicense/permit

Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew

Obstruction of Defined Migration Paths

(r) R.A. No. 8749, Clean Air Act

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Prohibition on Manufacture, Import and Sale of leaded Gasoline and of Engines and/orComponents Requiring Leaded Gasoline.- Effective not later than eighteen (18) monthsafter the enactment of this Act, no person shall manufacture, import, sell, offer for sale,introduce into commerce, convey or otherwise dispose of, in any manner, leadedgasoline and engines and components requiring the use of leaded gasoline.

Ozone-Depleting Substances.- Consistent with the terms and conditions of the Montreal

Protocol on Substances that Deplete the Ozone Layer and other internationalagreements and protocols to which the Philippines is a signatory, the Department shallphase out ozone-depleting substances.

PROHIBITED ACTS

Violation of Standards for Stationary Sources.- For actual exceedance of any pollution orair quality standards under this Act or its rules and regulations

Violation of Standards for Motor Vehicles.- No motor vehicle shall be registered with theDOTC unless it meets the emission standards set by the Department

Violation of Pollutant Limits:

A. With respect to any trade, industry, process and fuel-burning equipment or industrialplant emitting air pollutants, the concentration at the point of emission shall notexceed the following limits

Pollutants Standard Applicable to SourceMaximum Permissible

Limits (mg/Ncm)Method of Analysisa

1. Antimony and Its compounds any source 10 as Sb AASb

2. Arsenic and its compounds Any source 10 as As AASb

3. Cadmium and its compounds Any source 10 as Cd AASb

4. Carbon Monoxide Any industrial Source 500 as CO Orsat analysis

5. Copper and its Compounds Any industrial source 100 ax Cu AASb

6. Hydrofluoric Acids andFluoride compounds

Any source other than themanufacture of Aluminum from

Alumina50 as HF

Titration with AmmoniumThiocyanate

7. Hydrogen Sulfide i) Geothermal Power Plants c.d Cadmium Sulfide Method

ii) Geothermal Exploration and well-testing

e

iii) Any source other than (i) and (ii) 7 as H2S Cadmium Sulfide Method

8. Lead Any trade, industry or process 10 as Pb AASb

9. Mercury Any Source 5 as elemental HgAASb/Cold-Vapor Techniqueor Hg Analyzer

10. Nickel and its compounds,

except Nickel Carbonylf Any source 20 as Ni AAS

b

11. NOx i) Manufacture of Nitric Acid2,000 as acid and NOx andcalculated as NO2

Phenol-disulfonic acid Method

ii) Fuel burning steam generators Phenol-disulfonic acid Method

Existing Source 1,500 as NO2

New Source

Coal-Fired 1,000 as NO2

Oil-Fired 500 as NO2

iii) Any source other than (i) adn (ii) Phenol-disulfonic acid Method

Existing Source 1000 as NO2

New Source 500 as NO2

12. Phosphorus Pentoxideg Any source 200 as P2O5 Spectrophotometry

13. Zinc and its Compounds Any source 100 as Zn AASb

B. Maximum limits for sulfur oxides in said sources shall be:

(1) Existing Sources

(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 2.0gm.Ncm as SO3

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(ii) Fuel burning Equipment 1.5gm.Ncm as SO2

(iii) Other Stationary Sourcesa 1.0gm.Ncm as SO3

(2) New Sources

(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 1.5 gm.Ncm as SO3

(ii) Fuel Burning Equipment 0.7 gm.Ncm as SO2

(iii) Other Stationary Sourcesa 0.2 gm.Ncm as SO3

C. For stationary sources of pollution not specifically included in the immediatelypreceding paragraph, the following emission standards shall not be exceeded in theexhaust gas:

I. Daily And Half Hourly Average Values

DailyAverage

Values

HalfHourly

AverageValues

Total dust10mg/m3

30mg/m3

Gaseous and vaporous organic substances, expressed as total organic carbon 10mg/m3

20mg/m3

Hydrogen chloride (HCl)10mg/m3

60mg/m3

Hydrogen fluoride (HF) 1 mg/m3 4 mg/m3

Sulfur dioxide (SO2)50mg/m3

200mg/m3

Nitrogen monoxide (NO) and Nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with acapacity exceeding 3 tonnes per hour

200mg/m3

400mg/m3

Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with acapacity of 3 tonnes per hour or less

300mg/m3

Ammonia10mg/m3

20mg/m3

II. All the Average Values Over the Sample Period of a Minimum of 4 andMaximum of 8 Hours.

Cadmium and its compounds, expressed as cadmium (Cd)total0.05

Thallium and its compounds, expressed as thallium (Tl) mg/m3

Mercury and its Compounds, expressed as mercury (Hg)0.05mg/m3

Antimony and its compounds, expressed as antimony (Sb)

Arsenic and its compounds, expressed as arsenic (As)total0.5mg/m3

Lead and its compounds, expressed as lead ( Pb)

Chromium and its compounds, expressed as chromium (Cr)

Cobalt and its compounds, expressed as cobalt (Co)

Copper and its compounds, expressed as copper (Cu)

Manganese and its compounds, expressed as manganese (Mn)

Nickel and its compounds, expressed as nickel (Ni)

Vanadium and its compounds, expressed as vanadium (V)

Tin and its compounds, expressed as tin (Sn)

(s) R.A. No. 9003, Ecological Solid Waste Management Act

Prohibition on the Use of Non-Environmentally Acceptable Packaging. - No personowning, operating or conducting a commercial establishment in the country shall sell orconvey at retail or possess with the intent to sell or convey at retail any products that are

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placed, wrapped or packaged in or on packaging which is not environmentallyacceptable packaging

Prohibition Against the Use of Open Dumps for Solid Waste. - No open dumps shall beestablished and operated, nor any practice or disposal of solid waste by any person,including LGUs, which constitutes the use of open dumps for solid wastes, be allowedafter the effectivity of this Acts: Provided, That within three (3) years after the effectivity

of this Act, every LGU shall convert its open dumps into controlled dumps, in accordancewith the guidelines set in Sec. 41 of this Act: Provided, further, That no controlled dumpsshall be allowed five (5) years following the effectivity of this Act.

PROHIBITED ACTS:

(1) Littering, throwing, dumping of waste matters in public places, such as roads,

sidewalks, canals, esteros or parks, and establishment, or causing or permitting the

same;

(2) Undertaking activities or operating, collecting or transporting equipment in violation of

sanitation operation and other requirements or permits set forth in established pursuant;

(3) The open burning of solid waste;

(4) Causing or permitting the collection of non-segregated or unsorted wastes;

(5) Squatting in open dumps and landfills;

(6) Open dumping, burying of biodegradable or non-biodegradable materials in floodprone areas;

(7) Unauthorized removal of recyclable material intended for collection by authorized

persons;

(8) The mixing of source-separated recyclable material with other solid waste in anyvehicle, box, container or receptacle used in solid waste collection or disposal;

(9) Establishment or operation of open dumps as enjoined in this Act, or closure of saiddumps in violation of Sec. 37;

(10) The manufacture, distribution or use of non-environmentally acceptable packagingmaterials;

(11) Importation of consumer products packaged in non-environmentally acceptablematerials;

(12) Importation of toxic wastes misrepresented as recyclable or with recyclablecontent;

(13) Transport and dumplog in bulk of collected domestic, industrial, commercial, andinstitutional wastes in areas other than centers or facilities prescribe under this Act;

(14) Site preparation, construction, expansion or operation of waste managementfacilities without an Environmental Compliance Certificate required pursuant toPresidential Decree No. 1586 and this Act and not conforming with the land use plan of

the LGU;

(15) The construction of any establishment within two hundred (200) meters from opendumps or controlled dumps, or sanitary landfill; and

(16) The construction or operation of landfills or any waste disposal facility on anyaquifer, groundwater reservoir, or watershed area and or any portions thereof

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(t) R.A. No. 9072, National Caves and Cave Resource Management Act

PROHIBITED ACTS

(a) Knowingly destroying, disturbing, defacing, marring, altering, removing, or harmingthe speleogem or speleothem of any cave or altering the free movement of any animalor plant life into or out of any cave;

(b) Gathering, collecting, possessing, consuming, selling, bartering or exchanging oroffering for sale without authority any, cave resource; andchan robles virtual law library

(c) Counselling, procuring, soliciting or employing any other person to violate anyprovisions of Section 7, RA 9072

(u) R.A. No. 9147, Wildlife Conservation and Protection Act;

Illegal Acts. - Unless otherwise allowed in accordance with this Act, it shall be unlawful

for any person to willfully and knowingly exploit wildlife resources and their habitats, orundertake the following acts;

1. Killing and destroying wildlife species, except in the following instances;

(i) when it is done as part of the religious rituals ofestablished tribal groups or indigenous culturalcommunities;

(ii) when the wildlife is afflicted with an incurablecommunicable disease;

(iii) when it is deemed necessary to put an end to themisery suffered by the wildlife;

(iv) when it is done to prevent an imminent danger to thelife or limb of a human being; and

(v) when the wildlife is killed or destroyed after it has beenused in authorized research or experiments.

2. Inflicting injury which cripples and/or impairs the reproductive system ofwildlife species;

3. Effecting any of the following acts in critical habitat(s)

(i) dumping of waste products detrimental to wildlife;

(ii) squatting or otherwise occupying any portion of the criticalhabitat;

(iii) mineral exploration and/or extraction;

(iv) burning;

(v) logging; and

(vi) quarryin

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Environmental Laws in the Philippines

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