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WHAT IS AN ARCHIPELAGO?
WHAT IS AN ARCHIPELAGO?
Environmental Law:
Tool for Protecting Natural
Resources
7/19/2014
BROWN LAWS
"Brown Laws
deal with
laws to limit or regulate environmental
impacts or pollution.
Water
EIA
Environmental
Impact Assessment
AIR
Phil Clean Air Act
(RA 8749)
Approved June 23, 1999
regulates AIR QUALITY MANAGEMENT
Who
will
be
responsible
for
implementation of CLEAN AIR ACT?
the
One of the
SECTORAL
BUREAUS
UNDER DENR
-functions as the policy-making and standardsetting body
-provides technical services related to air quality
management.
CONTENTS OF THE
STATUS REPORT
BLUE
SAFE
Human tolerance to pollution
cannot be measured with certainty.
whatever standards are set do not guarantee
safety BUT can only be a BEST GUESS of
tolerable limits for an everage healthy
person.
DENR Secretary
Provincial Governor
City/Municipal Mayor
Representatives from:
- from each concerned government agency
- Peoples Organization
-Non-Government Organization
-Private Sector
Stationary sources
the DENR regulate and formulate standards for
air emissions
Ban on Incineration
Provided , however..
Ban on Incineration
the prohibition shall not apply to
traditional
small-scale
method
of
community/neighborhood sanitation siga,
traditional, agricultural, cultural, health
and food preparation and crematoria.
Provided, further..
Ban on Incineration
the existing incinerators dealing with
biomedical wastes shall be out within
three (3) years after the effectivity of this
Act..
Provided, finally..
Ban on Incineration
in the interim, such units shall be
limited to the burning of pathological
and infectious wastes, and subject to
close monitoring of DENR.
BIOMEDICAL
WASTE
Soiled Waste:
Cloth containing blood stains, blood coated
balls, soiled plasters.
cotton
Solid Waste:
Waste generated from disposable items like
and catheters.
tubing
Liquid Waste:
Waste generated from laboratory housekeeping
activities.
Incineration Waste:
Ash generated from incineration of biomedical waste.
Chemical Waste:
Chemicals used for disinfection.
Waste Type
Category 4 Sharps
Autoclave/microwave/
Disinfection (chemical
treatment)+/autoclaving/microwaving
and mutilation shredding
Destruction and drugs disposal in
secured landfills
Category 8
Category 9
Category10
Waste Type
Chemical Wastes
b.
-P2,000.00
-P2,000.00 to P4,000.00
-1 year suspension of registration
& a fine P4,000.00 to P6,000.00
WATER
and
the
POINT OF CONSIDERATION
-water quality problems,
-sources of pollution,
- beneficial use of the receiving water body
- determine what combination of control measures can
effectively achieve water quality objectives or
improvements.
DENR Representative
MEMBERS :
representatives of the following:
mayors,
governors a
relevant national government agencies,
NGOs
Water Utility Sector and
Business Sector.
SOURCES OF POLLUTION
Point source
human settlement, farming and industrial
domestic waste water
agriculture & livestock
Non Point Sourcerunoffs from urban, agricultural and
forestry activities
Prohibited Acts
Discharging, depositing material of any kind
directly or indirectly into water bodies which
could cause water pollution or impede natural
flow in the water body
Discharging, injecting or allowing to seep into
the soil or subsoil any substance in any form
that would pollute groundwater.
Operating facilities that discharge regulated
water pollutants without valid permits or after
the permit was revoked for any violation of
any condition
PROHIBITED ACTS
Disposal of potentially infectious medical
waste into sea water by vessels unless the
health or safety of individuals on board is
threatened by great and imminent peril
Unauthorized transport or dumping into sea
waters of sewage sludge or solid waste as
defined under R.A. No. 9003(solid wastes)
PROHIBITED ACTS
Transport, dumping or discharge of prohibited
chemicals, substances or pollutants listed
under R.A. No. 6969 (toxic substances &
hazardous nuclear waste)
Undertaking activities or development and
expansion
of
projects,
or
operating
wastewater/sewerage facilities in violation of
PD No. 1586 and its IRR
(Environmental Impact Statement System)
PROHIBITED ACTS
Discharging regulated water pollutants without
the valid required discharge permit pursuant to
this act or after the permit was revoked for any
violation of condition;
Non-compliance of the LGU with the Water
Quality framework and Management Area
Action Plan. In such case, sanctions shall be
imposed on the local government officials
concerned;
PROHIBITED ACTS
Refusal to allow entry, inspection and monitoring
by the DENR in accordance with this Act;
Refusal or failure to submit reports whenever
required by the DENR in accordance with this Act.
Refusal or failure to designate pollution control
officers whenever required by the DENR
Directly using booster pumps in the distribution
system or tampering with water supply in such a
way as to alter or impair the water quality.
Gross Violations
the PAB shall recommend to the
proper agency for the filing of
appropriate
criminal
charges
against the violator.
Organizational Placement
(co-equal w/ RTC)
DENR Secretary
Members:
2 DENR Undersecretaries
EMB Director
3 others (to be designated by the Secretary)
Expanded Jurisdiction
of the PAB:
Philippine Clean Air Act of 1999 (R.A. 8749)
Exceedance of air emission; Imposition of Fines;
Operating without permit to operate air pollution
source installations
Important
Prohibited
Under Republic Act 8749
Acts
AND
R.A.
SOLID WASTE
NOV1
Technical
Conference
Compliance
Period
Non Compliant
Endorse to PAB
Compliant
Resolution
Regional Office
Forinspection/reports
PAB
Regl Office
Execute
Order
Resolution/
Order
Fines/Penalties
Order
Fines/
Penalties
Action on Complaints
Monitoring
Notice of Violation
Technical Conference
Elevating case to PAB
Implementation of CDO
SOLID WASTE
Ecological Solid Waste Management Act
(RA 9003)
Approved January 26, 2001
systematic administration of activities which
provide for segregation, transportation,
storage, transfer processing and all other
waste management activities.
--
implementation of
INSTITUTIONAL STRUCTURE
National Solid Waste
Management
Comission
(Policy Making
DENR-EMB-NSWMC
(Technical Support)
ECOLOGICAL SOLID
WASTE
MANAGEMENT ACT
(Waste Generators)
Local Government
Units
(Implementation)
CITIZENS
(Waste Generators)
-collection
of
waste
shall
PREVENT
DAMAGE TO THE CONTAINER and
SPILLAGE or scattering of waste within
the vicinity.
REDUCE.REUSE.RECYCLE
Fines
P300.00 to
P1,000.00
P300.00 to
P1,000.00
P300.00 to
P1,000.00
Permitting collection of non P1,000.00 to
segregated waste
P3,000.00
Squatting in open
P1,000.00 to
dumps/landfills
P3,000.00
Penalty
1 day to 15 days
or both
1 day to 15 days
or both
1 day to 15 days
or both
15 days to 6
months or both
15 days to 6
months/both
Fines
P1,000.00 to
P3,000.00
Penalty
15 days to 6
months or both
P1,000.00 to
P3,000.00
P500,000.00
plus 5% to 10%
of net annual
income
15 days to 6
months/both
1 year to 3 years
Fines
Establishment of open
P500,000.00
dump or closure of said
plus 5% to 10%
dump in violation of Sec. 37; of annual
income
Manufacture, distribution or P500,000.00
use of non environmentally plus 5% to 10%
acceptable packaging
of annual
materials
income
Import of consumer product P500,000.00
in non- environmental
plus 5% to 10%
packaging
income
Penalty
1 year to 3
years
1 year to 3
years
1 year to 3
years
Fines
Penalty
P10,000.00 to
200,000.00
30 days to 3
years or both
P10,000.00 to
200,000.00
30 days to 3
years or both
100,000.00 to
1 million
1 year to 6
years or both
Fines
Penalty
Construction of any
100,000.00 to
establishment within 200 1 million
meters from open or
controlled dumps or
sanitary landfill
1 year to 6
years or both
1 year to 6
years or both
ENVIRONMENTAL IMPACT
ASSESSMENT (EIA)
Environmental Impact
Statement (EIS) System
P.D. 1586
Approved on June 11, 1978
For Environmental Management Related
Measures and for other Purposes
COMPLIANCE
COMPLIANCE
TOXICS
RA 6969
Scope this Act shall cover the importation,
manufacture,
processing,
handling,
storage, transportation, sale, distribution,
use and disposal of all unregulated
chemical substances and mixture in the
Philippines, including the entry even in
transit, as well as the keeping or storage
and disposal of hazardous and nuclear
wastes into the country for whatever
purposes.
TOXIC
The Philippine Inventory of Chemical and
Chemical Substances (PICCS) listed 46,280
chemicals that are regularly imported,
manufactured and used by industrial
establishment and other related operations..
RA 6969 regulates the import, manufacture
and use of chemicals and substances for
public health and environmental protection
TOXICS
Controlled Chemicals
- Mercury
- Cyanide
- Asbestos
Biphenyls
-ozone
depleting
- Poly
Chlorinated
1. The name
substance;
of
the
chemical
4.
5.
Administrative Fines
(Section 15, RA 6969.
In all cases of violations of this Act, including
violations of implementing rules and regulations
which have been duly promulgated and published
in accordance with Section 16 of this Act, the
Secretary of ENR is hereby authorized to impose
a fine of not less than P10,000, but not more than
P50,000 upon any person or entity found guilty
thereof;
MINERAL RESOURCES
Exploration Permit
Mineral Agreements
Mineral Production Sharing
Agreement (MPSA)
Co-Production Agreement
Joint Venture Agreement
AFTER 50 YEARS.
the operation of the mine may be
undertaken by the Government or through
awarded to the highest
a Contractor.
bidder in a public bidding
-due publication
-notice
(CEMCRR)
proof
of
satisfactory
environmental
management
and community relations in its
past/existing mineral resource
ventures
BLUE LAWS
RA 8550.Fisheries Code
POLICY OBJECTIVE
a. to achieve food security as the overriding
consideration in order to provide the food
needs of the population.
b. to limit access to the fishery and aquatic
resources for the exclusive use and
enjoyment
of
Filipinos;
RA 8550.Fisheries Code
POLICY OBJECTIVE
c. to ensure the rational and sustainable
development, management and conservation
of the fishery and aquatic resources in
Philippine water including the EEZ
d. to protect the rights of fisherfolk, especially
of the local communities in the preferential use
of the municipal waters.
RA 8550.Fisheries Code
POLICY OBJECTIVE
e. to provide support to the fishery sector,
primarily to the municipal fisherfolk, women
and youth sectors, through technology and
research, post-harvest facilities, marketing and
others.
f. to manage fishery and aquatic resources, in a
manner consistent with the concept of an
Integrated Coastal Area Management (ICM)
RA 8550.Fisheries Code
POLICY OBJECTIVE
g. to grant the private sector the privilege to
utilize fishery resources under the basic
concept that the grantee, licensee is an active
par participant and partner of the Government
in the sustainable development, management,
conservation and protection of the aquatic
resources
of
the
country.
RA 8550.Fisheries Code
APPLICATION
all Philippine waters including other
waters over which the Philippines has
sovereignty and jurisdiction, and the
country's 200-nautical mile Exclusive
Economic Zone (EEZ) and continental
shelf;
RA 8550.Fisheries Code
APPLICATION
all aquatic and fishery resources
whether inland, coastal or offshore
fishing areas, including but not limited to
fishponds, fish pens/cages;
all lands devoted to aquaculture, or
businesses and activities relating to
fishery, whether private or public lands.
RA 8550.Fisheries Code
MUNICIPAL WATERS
Section 4(58) of RA 8550 defines municipal waters as those
which include not only streams, lakes, inland bodies of
water and tidal waters within the municipality, which are
not included within the protected areas as defined under
Republic Act No. 7586 (the NIPAS Law), public forest, timber
lands, forest reserves, or fishery reserves, but also marine
waters included between two (2) lines drawn
perpendicular to the general coastline from points where
the boundary of the lines of the municipality touch the
sea at low tide and a third line parallel with the general
coastline including offshore islands and fifteen (15)
kilometers from such coastline.
RA 8550.Fisheries Code
MUNICIPAL WATERS
Where two (2) municipalities are so
situated on opposite shores that there is
less than thirty (30) kilometers of marine
waters between them, the third line shall
be equally distant from the opposite
shore of the respective municipalities.
Prohibited ACTS
SEC. 86. Unauthorized
Fishing or Engaging in
Other Unauthorized
Fisheries Activities..
(P2,000.00) to (P20,000.00) or
months (2) years or both
(6)
Prohibited ACTS
SEC. 90. Use of Active Gear captain and master fisherman 2
in the Municipal Waters and to 6 years:; owner P2,000.00 to
Bays and Other Management P20,000.00.
Areas.
Prohibited ACTS
SEC. 95. Fishing in Overfished
Area and During Closed
Season.
Prohibited ACTS
SEC. 99. Exportation of
8 yrs, confiscation or a fine
Breeders, Spawners, Eggs or equivalent to double the value and
Fry.
revocation of export permit.
SEC. 101. Violation of Catch
Ceilings. -
Prohibited ACTS
SEC 104. Commercial
Fishing Operators
Employing Unlicensed
Fisherfolk or Crew.
GREEN LAWS
FORESTRY TENURE
A broad concept that includes ownership,
tenancy and other arrangements for the use
of forests. Forest tenure is the combination
of legally or customarily defined forest
ownership rights and arrangements for the
management and use of forest resources.
Forest tenure determines who can use what
resource, for how long and under what
conditions.
A sustainable
forest is a
forest that is
carefully
managed so
that as trees
are felled they
are replaced
with seedlings
that
eventually
grow into
mature trees.
exercises
line
functions
&
powers
PHASE
OUT
FORESTRY SHORT-TERM
CONTRACTS & PERMITS
Rattan Cutting Contract
Wood Processing Plant Permit
(operate sawmills, mini-sawmills,
veneer & plywood plant, etc)
Special Tree Cutting Permit
Special/Private Land Timber Permit
FORESTRY SHORT-TERM
CONTRACTS & PERMITS
Wood Recovery Permit
TENURIAL INSTRUMENTS
UNDER OTHER LAWS
IPRA
CERTIFICATE OF ANCESTRAL
DOMAINS TITLE (CADT)
CERTIFICATE OF ANCESTRAL
LANDS TITLE (CALT)
LEGAL DOCUMENTSREQUIRED
BYFOREST LAWS
Documents for domestic transport
of minor forest products :
1. Certificate of Origin of Minor Forest
Products
2. Auxiliary Invoice
3. Delivery Receipt
3. Certificate of Inspection (BFD Circular No.
8, S. 1983)
LEGAL DOCUMENTSREQUIRED
BYFOREST LAWS
Documents for domestic transport
of minor forest products :
1. Certificate of Origin of Minor Forest
Products
2. Auxiliary Invoice
3. Delivery Receipt
3. Certificate of Inspection (BFD Circular No.
8, S. 1983)
firewood,
charcoal,
rattan,
bamboo, daluru, bark, resin,
gum, wood oil, beeswax, nipa,
burl, fibre, dyewood, vine,
flowering plants, ferns, orchids
and other forest growth.
OFFENSES PUNISHABLE
UNDER SECTION 68 OF P.D. 705, AS
AMENDED BY EO 277, s. 1987.
OFFENSES PUNISHABLE
UNDER SECTION 68 OF P.D. 705, AS
AMENDED BY EO 277, s. 1987.
ELEMENTS:
a) There must be cutting, gathering,
collecting or removing of timber or other
forest products
b)
The timber or other forest product is cut,
gathered, collected or removed from any forest
land
c) The cutting, gathering, collecting or
removing must be without authority.
OFFENSES PUNISHABLE
UNDER SECTION 68 OF P.D. 705, AS
AMENDED BY EO 277, s. 1987.
OFFENSES PUNISHABLE
UNDER SECTION 68 OF P.D. 705, AS
AMENDED BY EO 277, s. 1987.
ELEMENTS:
a) There must be cutting,
collecting or removing of timber
gathering,
b)
The timber or other forest product is cut,
gathered, collected or removed from alienbale
or disposable public land or from private
land.
c) The cutting, gathering, collecting or
removing must be without authority.
OFFENSES PUNISHABLE
UNDER SECTION 68 OF P.D. 705, AS
AMENDED BY EO 277, s. 1987.
OFFENSES PUNISHABLE
UNDER SECTION 68 OF P.D. 705, AS
AMENDED BY EO 277, s. 1987.
ELEMENTS:
PERSONS LIABLE
UNDER SECTION 68 OF P.D. 705, AS
AMENDED BY EO 277, s. 1987.
1. The cutter
2. The gatherer
3. The collector
4. The remover
5.The possessor or any person who appear
to be responsible for the commission
of the offense.
6. In case of partnerships, associations or
corporations,
the
officers
who
ordered
the
cutting,
gathering,
collection or possession.
CATEGORIES
a. Holder of TLA, IFMA, SIFMA, Private Land
Timber Permit/Special Land Timber Permit, CBFMA,
Industrial Tree Farmer Orchard or Fruit Tree Farmer
or Other similar tenurial instrument
Punishable acts:
1.
Selling,
Purchasing,
Re-selling,
Transferring, Distributing or Possessing
a Chainsaw without a proper permit.
DENR Secretary
Section 2. PD No. 705, as amended is hereby further
amended by adding Section 68-A and 68-B which
reads as follows: Section 68-A. Administrative
Authority of the Department Head or His Duly
Authorized
Representative to Order Confiscation. In all cases of
violation of this code or other forest laws, rules and
regulation, the Department Head or his duly
authorized representative may order the confiscation
of any forest products illegally cut, gathered,
removed,
or possessed or abandoned and all
conveyances used either by land, water or air in the
commission of the offense and to dispose of the
same in accordance with pertinent laws, regulation
or policies on the matter.
Personnel of PNP
Any agency, barangay or barrio official or any
qualified person to be deputized by the
Department Head
Armed Forces of the Philippines
DENR Officers and other authorized personnel
of DENR, subject to some limitations
Other persons and officers that may be
designated by the Department Head in the
exercise of his administrative authority
DAO 97-32,1997
Rules for the Administrative Adjudication of
Illegal Forest Products and the Machinery,
Equipment, Tools and Conveyances Used in
Connection therewith.
PROCESSESS INVOLVED:
- Apprehension
- Seizure
- Confiscation
- Forfeiture
Subject of Administrative
Confiscation/Seizure
General guidelines in
Administrative confiscation/seizure
Seizure
Sworn Affidavits
Scaling & Inventory
Safekeeping and Disposition
DENR
PNP, AFP, other govt agency
Filing a Complaint
Referral of Complaint
Prosecution of Offenses
been
Provinces
enforcement of forest laws, rules and
regulation in CBFP areas, community
watersheds and communal forest
Cities
CBFM areas, community watershed and
communal forest within the territorial
jurisdiction of the city.
Barangays
Barangay officials may be deputized by the
DENR as DENRO
Writ of Kalikasan
A.M. No. 09-6-8-SC :
Rules of Procedure for Environmental
Cases Effective April 29, 2010
Writ of Kalikasan
An ordinary citizen or a juridical entity, PO, NGO
or any public interest group can file a petition to
the Supreme Court or Stations of the Court of
Appeals that his/her right for a balance or
healthful ecology is being violated or threatened
with the violation of the law or omission or a
public official or employee or private individual
entity involving environmental damage with
magnitude as to prejudice the life, health or
property of inhabitants covering two or more
cities or provinces.
Writ of Kalikasan
If the Petition is granted, it can direct
respondents to:
* permanently cease & desist
from committing acts or
neglecting the performance of
duty in violation of environmental
laws resulting in environmental
damage;
Writ of Kalikasan
If the Petition is granted, it can direct
respondents to:
* public official, government agency,
private person or entity to protect,
preserve, rehabilitate or restore the
environment; monitor strict compliance
with decisions or orders of the courts;
& make periodic reports on the
execution of the final judgment;
V. JURISPRUDENCE
People of the Philippines vs. CFI of Quezon,Godofredo
Arrozal and Luis Flores
( GR46772, 1992)
V. JURISPRUDENCE
People of the Philippines vs. CFI of Quezon,Godofredo Arrozal
and Luis Flores
( GR46772, 1992)
V. JURISPRUDENCE
People of the Philippines vs. CFI of Quezon,Godofredo Arrozal and
Luis Flores
( GR46772, 1992)
V. JURISPRUDENCE
Forest products or conveyances confiscated or
seized pursuant to P. D. 705 are in custodia
Latest Issuances
EO 23
Section 2. Moratorium on the Cutting and
Harvesting of Timber in the Natural Forests
A moratorium on the cutting and harvesting of
timber in the natural and residual forests of
the entire country is hereby declared unless
lifted after the effectivity of this Executive
Order.
Latest Issuances
EO 23
Latest Issuances
EO 23
2.2 The DENR is likewise prohibited from
issuing/renewing tree cutting permits in all natural
and residual forests nationwide, except for clearing
of road right of way by the DPWH, site preparation
for tree plantations, silvicultural treatment and
similar activities, provided that all logs derived from
the said cutting permits shall be turned over to the
DENR for proper disposal.
Tree cutting associated with cultural practices
pursuant to the indigenous Peoples Right Act (IPRA
Law) may be allowed only subject to strict
compliance with existing guidelines of the DENR;
Latest Issuances
EO 23
2.5 The DENR shall close and not allow to
operate all sawmills, veneer plants and
other wood processing plants who are
unable to present proof of sustainable
sources of legally cut logs for a period of at
least five (5) years within one month from
effectivity of this Executive Order:
Latest Issuances
EO 26
3.1.1 All students, identified by the DepEd and
CHED and all government employees shall be
individually required to plant a minimum of
ten (10) seedlings per year in areas
determined by the Convergence Initiative.
Private sectors and civil society groups shall
likewise be encouraged to participate in the
NGP.
Latest Issuances
EO 26
Section 2. Coverage. The National Greening Program shall plant
some 1.5 Billion trees covering about 1.5 Million hectares for a
period of six (6) years from 2011 to 2016, in the following lands
of the public domain:
2.1 Forestlands
2.2 Mangrove and protected areas
2.3 Ancestral domains
2.4 Civil and military reservations
2.5 Urban areas under the greening plan of the LGUs
2.6 Inactive and abandoned mine sites; and
2.7 Other suitable lands