LAW ON NATURAL RESOURCES AND
Forest Land
OTHER ENVIRONMENTAL LAWS
3RD Trimester of A.Y. 2016-2017
Diamer B. Capilitan
What is environmental law?
A complex and interlocking body of
statutes, common law, treaties,
conventions, regulations and
policies.
It operates to regulate the
interaction of humanity and the
rest of the biophysical or natural
environment.
Its purpose is to reduce or
minimize the impacts of human
activity, both on the natural
environment for its own sake, and
on humanity itself.
Principles Influencing Environmental
Laws
Environmentalism
Ecology, conservation,
stewardship, responsibility and
sustainability
Areas of Concern
Air quality and water quality
Global climate change
Agriculture
Biodiversity
Biodiversity and species protection
Pesticides and hazardous chemical
Waste management and
remediation of contaminated land
Management of Public Lands
PD 705: Revised Forestry Code
Objectives of PD 705:
It regulates the management,
development, and utilization of
forest lands.
It establishes the boundaries of
forest lands and lays down the
guidelines for licenses and permits
for the occupation and utilization
of forest land and operation of
wood or forest processing plant.
It also introduces the concept of
reforestation in order to preserve
the countrys forest lands.
This law is most often violated in
environmental cases before the courts.
Distinguish Forest v.
Forest is a large track of land covered
with a natural growth of trees and
underbrush. On the other hand, forest
land is a classification of land under the
Constitution that is part of public domain
which is beyond the commerce of man
and may not be alienated or disposed.
1. Public Forest a mass of land of
public domain which has not been a
subject of the present system of
classification.
2. Permanent Forest/ Forest
Reserves lands of public domain which
have been subject of the present system
of classification and determined to be
needed for forest purposes
3. Forest Reservation Forest lands
which have been reserved by the
President of the Philippines for any
specific purpose.
Differentiate Watershed, watershed
reservation and critical watershed.
Watershed is a land area drained by a
stream or fixed body of water and its
tributaries having a common outlet for
surface run-off.
Watershed Reservation is a forest
land reservation established to protect
or improve the conditions of the water
yield thereof or reduce sedimentation.
Critical Watershed is a drainage area
of a river supporting existing and
proposed hydro-electric power and
irrigation works needing immediate
rehabilitation as it is being subjected to
a fast denudation causing accelerated
erosion and destructive floods.
Criminal offenses and penalties
I. Section 68 of PD 705
1. Cutting, gathering, collecting and
removing timber or other forest
products from any forest land, or
timber from alienable or disposable
public and, or from private land
without any authority; and
2. Mere possession of timber or
other forest products without the
legal documents required under
existing forest laws and regulations.
In the second offense, it is
immaterial whether the method of
gathering the timber is legal or
not. Mere possession of the forest
product without the proper
document is a prima facie
evidence of the crime
Illegal Forest Products Any forest
products that are removed, cut,
collected, processed and/or
transported: (a) without the
requisite, authorization or permit;
or (b) with incomplete supporting
documents; (c) with genuine
authorizations or permits and/or
supporting documentation that
have an expired validity, have
been cancelled or that contain
forged entries; or (d) with spurious
(fake) authorizations, permits
and/or supporting document.
III. Pasturing livestock
III. Illegal occupation of national
parks system and recreation areas
and vandalism therein
IV. Survey by unauthorized persons
V. Misclassification and survey by
government official or employee
RA No. 9175 or the Chain Saw Act of
2002
AN ACT REGULATING THE
OWNERSHIP, POSSESSION, SALE,
IMPORTATION AND USE OF CHAIN
SAWS, PENALIZING VIOLATIONS
THEREOF AND FOR OTHER PURPOSES
Declaration of Policy. It is the
policy of the State, consistent with
the Constitution, to conserve,
develop and protect the forest
resources under sustainable
management. Toward this end, the
State shall pursue an aggressive
forest protection program geared
towards eliminating illegal logging
and other forms of forest destruction
which are being facilitated with the
use of chain saws. The State shall
therefore regulate the ownership,
possession, sale, transfer,
importation and/or use of chain saws
to prevent them from being used in
illegal logging or unauthorized
clearing of forests.
Republic Act No. 9175 or the Chain
Saw Act of 2002 specifically addresses
the following:
the need to eliminate illegal
logging and other forms of forest
destruction which are often
facilitated by the use of chain
saws.
the regulation of the ownership,
possession, sale, transfer,
importation and/or use of chain
saws to prevent them from being
used in illegal logging or
unauthorized clearing of forests.
Reward. - Any person who voluntarily
gives information leading to the recovery
or confiscation of an unregistered chain
saw and the conviction of persons
charged thereof shall be entitled to a
reward equivalent to twenty percent
(20%) of the value of the chain saw
unit(s).
RA No. 9147 - Wildlife Resources
Conservation and Protection Act
Declaration of Policy. It shall be the
policy of the State to conserve the
countrys wildlife resources and their
habitats for sustainability.
What are the objectives of RA 9147?
to conserve and protect wildlife
species and their habitats
to regulate collection and trade of
wildlife
to pursue the Philippine
commitment to international
conventions, protection of wildlife
and their habitats
to initiate or support scientific
studies on the conservation of
biological diversity
What are the unlawful acts under RA
9147?
1. Killing and destroying wildlife
species.
2. Inflicting injury w/c cripples and/or
impairs the reproductive system of
wildlife species.
 3. Effecting any of the ff. acts in
critical habitats;
a) dumping of waste products
detrimental to wildlife
b) squatting or otherwise
occupying any portion of the
critical habitat
c) mineral exploitation and/or
extraction.
d) burning; logging and quarrying
4. Introduction, reintroduction or
restocking of wildlife resources.
5. Trading of wildlife.
6. Collecting, hunting or possessing
wildlife, their by-products and
derivatives.
7. Gathering or destroying of active
nests, nest trees, host plants and the
like.
8. Maltreating and/or inflicting other
injuries not covered by the preceding
paragraph.
9. Transporting of wildlife.
RA 7942: Philippine Mining Act of
1995
The primary objective of RA 7924 is to
regulate the exploration, development,
utilization and conservation of all mineral
resources in both public and private
lands. It lays down safeguards and
regulations in order to ensure the
preservation of the environment and the
protection of the rights of affected
communities where mining activities are
present.
The exploration, development, and
utilization of natural resources shall be
under the full control and supervision
of the State.
The State may directly undertake such
activities, or it may enter into co-
production, joint venture, or production
sharing agreements with Filipino
citizens, or corporations or associations
at least sixty per centum of whose
capital is owned by such citizens. Such
agreements may be for a period not
exceeding twenty-five years,
renewable for not more than twenty-
five years, and under such terms and
conditions as may be provided by law.
Section 4: Ownership of Mineral
Resources. Mineral resources are
owned by the State, and the
exploration, development, utilization
and processing thereof shall be
under its full control and
supervision. The State may directly
undertake such activities or it may
enter mineral agreements with
contractors.
Thus, if a person is the owner of an
agricultural land in which minerals are
discovered, his ownership of such land
does not give him the right to extract or
utilize the said minerals without the
permission from the State, because the
right to possess or own the surface
ground is separate and distinct from the
mineral land over the same land.

Constitutional Basis: Section 2, Section 5: Mineral Reservations.

Article XII of 1987 Constitution When national interest so requires
xxx, the President may establish
All lands of the public domain, xxx and mineral reservations upon the
other natural resources are owned by recommendation of the Director
the State. With the exception of through the Secretary. xxx
No Group Mineral
1 First Group Metals or This section empowers the president to
metalliferous ores enter into mineral agreements with
2 2nd Group Precious Stones contractor if the national interest so
3 3rd Group Fuels requires.
4 th
4 Group Saline and mineral Hence, it is beyond the power of the
waters DENR Secretary to withdraw lands from
5 5th Group Building stone in forest reserves and to declare the
place, clays, same as an area open for mining
fertilizers and other operations.
nonmetals
agricultural lands, all other natural Classification of minerals
resources shall not be alienated.
Types of mining disputes

1. Rights to mining area (any adverse
claim, protest, or opposition to an
application for a mineral agreement)
2. Mineral agreements, FTAAs or permit
3. surface owners, occupants and claim
holders/ concessionaires; and 4. disputes
pending before the Bureau at the date of
effectivity of Phil. Mining Act
PD 972: Coal Development Act
What are the aims of the Coal
Development Act?
1. promote an accelerated exploration,
development, exploitation, production
and utilization of coal,
2. encourage the participation of private
sector with sufficient capital, technical
and managerial resources in the
exploitation and production of coal
resources, and
3. upgrade the technical and financial
capabilities of coal industry
Jurisdiction over coal development
act shall be under Department of
Energy (DOE).
DOE shall not accept any
application or proposal for
contracts except during
competitive public contracting
rounds/bids.
Blocking system: each coal region
shall be divided into meridional
blocks or quadrangles containing
1,000 hectares or less.
No person shall be entitled to more
than 15 blocks of coal lands in any
coal region.
Exploration period under every
coal operating contract shall be for
2 years. It may be extended for
another 2 years.
All materials, equipment, plants
and other installations movable in
nature shall be properties of DOE if
not removed within 1 year after
the termination of coal operating
contract
PD 1586: Philippine Environmental
Impact Statement System
Principle of Sustainable Development
- rational and orderly balance between
economic growth and environmental
protection
What is PEISS?
PD 1586 otherwise known as
Philippine Environmental Impact
Statement Systems (1978) requires all
instrumentalities of the government and
private entities to prepare an
Environmental Impact System (EIS) for
every proposed Environmentally Critical
Projects (ECP), or projects located in an
Environmentally Critical Area (ECA), for
every proposed project and undertaking
which significantly affect the quality of
the environment and to justify why the
project should be implemented.
ECA v. ECP
Environmentally Critical Area (ECA) -
area delineated as environmentally
sensitive such that significant
environmental impacts are expected if
certain types of proposed projects or
programs are located, developed or
implemented in it.
Environmentally Critical Project
(ECP) - project or program that has high
potential for significant negative
environmental impact.
A. Environmentally Critical Projects
1. Heavy Industries
2. Resource Extractive Industries
3. Infrastructure Projects
B. Environmentally Critical Areas
1. NIPAS
2. Aesthetic potential tourist spots;
3. Habitat for any endangered or
threatened species
4. Historic, archaeological, or scientific
interests;
5. Occupied by cultural communities or
tribes;
6. Frequently visited and/or hard-hit by
natural calamities
7. Critical slopes areas; evidenced by Certificate of
8. Prime agricultural lands; Conformity (COC).
9. Recharged areas of aquifers; No motor vehicle registration
10. Water bodies (MVR) shall be issued unless such
11. Mangrove areas motor vehicle passes the emission
12. Coral reefs testing requirement.

RA 8749: Philippine Clean Air Act Prohibition on smoking

Declaration of Policies. - The State shall Section 10 of Clean Air Act:

pursue a policy of balancing development Smoking inside a public building or
and environmental protection. To an enclosed public place, including
achieve this end, the frame work for public vehicles and other means of
sustainable development shall be transport, or in any other enclosed
pursued. It shall be the policy of the area outside ones private
State to: residence, private place of work or
any duly designated smoking area
[a] Formulate a holistic national program is prohibited. (To be implemented
of air pollution management that shall be by LGUs)
implemented by the government
through proper delegation and effective Prohibition on Ozone Depleting
coordination of functions and activities; Substances (Montreal Protocol)
[b] Encourage cooperation and self-
regulation among citizens and industries Section 30 of Clean Air Act: The
through the application of market-based Department shall phase-out ozone-
instruments; depleting substances. Abatement
[c] Focus primarily on pollution prevention of Private Nuisance
rather than on control and provide for a
comprehensive management program Section 694 of NCC provides that
for air pollution;
nuisance is any act, omission,
[d] Promote public information and
establishment, condition of
education and to encourage the
property or anything else which:
participation of an informed and
(1) injures or endangers the health
active public in air quality planning and
or safety of others; or (2) annoys
monitoring; and
or offends the senses; or (3)
[e] Formulate and enforce a system of
shocks, defies or disregards
accountability for short and long-term
decency or morality; or (4)
adverse environmental impact of
obstructs or interferes with the
a project, program or activity. This shall
free passage of any public highway
include the setting up of a funding or
or street or any body of water; or
guarantee mechanism for clean-up and
(5) hinders or impairs the use of
environmental rehabilitation and
property.
compensation for personal damages.

What is Philippine Clean Air Act?

RA 9275: Clean Water Act
Philippine Clean Air Act of
Declaration of Policy. - The State shall
1999 outlines the government's
pursue a policy of economic growth in a
measures to reduce air pollution and
manner consistent with the protection,
incorporate environmental protection into
preservation and revival of the quality of
its development plans
our fresh, brackish and marine waters. To
achieve this end, the framework for
Regulation of Vehicles and Engines
sustainable development shall be
pursued. As such, it shall be the policy of
Any imported new or locally- the State:
assembled motor vehicle shall not a) To streamline processes and
be registered unless it complies procedures in the prevention, control and
with the emission standards set, as
abatement of pollution of the country's
water resources;
b) To promote environmental strategies,
use of appropriate economic instruments
and of control mechanisms for the
protection of water resources;
c) To formulate a holistic national program
of water quality management that
recognizes that water quality
management issues cannot be separated
from concerns about water sources and
ecological protection, water supply, public
health and quality of life; Objectives of RA 8749:
d) To formulate an integrated water
quality management framework through
proper delegation and effective
coordination of functions and activities;
e) promote commercial and industrial
processes and products that are
environment friendly and energy efficient;
f) To encourage cooperation and self-
regulation among citizens and industries
through the application of incentives and
market-based instruments and to
promote the role of private industrial
enterprises in shaping its regulatory
profile within the acceptable boundaries
of public health and environment;
g) To provide for a comprehensive What is Ecological
management program for water pollution Management Act?
focusing on pollution prevention;
h) To promote public information and
education and to encourage the
participation of an informed and active
public in water quality management and
monitoring;
i) To formulate and enforce a system of
accountability for short and long-term
adverse environmental impact of a
project, program or activity; and
j) To encourage civil society and other
sectors, particularly labor, the academe
and business undertaking environment-
related activities in their efforts to
organize, educate and motivate the
people in addressing pertinent
environmental issues and problems at the
local and national levels.
What is Clean Water Act?
Clean Water Act of 2004 aims to Objectives of RA 9003:
protect the countrys water bodies
from pollution. It provides for a
comprehensive and integrated
strategy to prevent and minimize
pollution through a multi-sectoral
and participatory approach
involving stakeholders.
It covers ALL types of bodies of
water
All owners or operators of facilities
that discharge wastewater are
required to get a permit to
discharge from the DENR or LLDA
Anyone discharging wastewater
into a water body shall have to pay
a wastewater charge.
to preserve, and revive the quality
of the countrys fresh, brackish,
and marine waters by promoting
environmental strategies geared
towards the protection of water
resources.
to formulate an integrated water
quality management and for the
prevention of water pollution.
RA 9003: Ecological Solid Waste
Management Act
Solid Waste
Ecological Solid Waste
Management Act of 2000 refers
to the systematic administration of
activities which provide for
segregation at source, segregated
transportation, storage, transfer,
processing, treatment, and
disposal of solid waste and all
other waste management activities
which do not harm the
environment.
National Solid Waste Management
Commission (NSWMC) shall
implement the Ecological Solid
Waste Management Act which shall
be composed of 14 government
agencies and 3 members from
private sector.
to ensure the protection of public
health and the environment.
to set guidelines and targets for
solid waste avoidance and volume
reduction.
 to ensure the proper segregation,
collection, transport, storage,
treatment and disposal of solid
waste.
Important terms to remember:
Collection - shall refer to the act of
removing solid waste from the source or
from a communal storage point;
Composting - shall refer to the
controlled decomposition of organic
matter by micro-organisms, mainly
bacteria and fungi, into a humus like
product;
Ecological solid waste management -
shall refer to the systematic
administration of activities which provide
for segregation at source, segregated
transportation, storage, transfer,
processing, treatment, and disposal of
solid waste and all other waste
management activities which do not harm
the environment;
Leachate - shall refer to the liquid
produced when waste undergo
decomposition, and when water percolate
through solid waste undergoing
decomposition. It is contaminated liquid
that contains dissolved and suspended
materials;
Materials recovery facility (MRF) -
includes a solid waste transfer station or
sorting station, drop-off center, a
composting facility, and a recycling
facility;
Solid waste management facility -
shall refer to any resource recovery
system or component thereof; any
system, program, or facility for resource
conservation; any facility for the
collection, source separation, storage,
transportation, transfer, processing,
treatment, or disposal of solid waste;
Municipal waste - shall refer to wastes
produced from activities within local
government units which include a
combination of domestic, commercial,
institutional and industrial wastes and
street litters;
Solid waste - shall refer to all discarded
household, commercial waste, non-
hazardous institutional and industrial
waste, street sweepings, construction
debris, agricultural waste, and other
nonhazardous/non-toxic solid waste.
Solid Waste Management Procedure
Segregation of wastes shall begin
in the household, institutional,
industrial, commercial and
agricultural sources, which shall be
segregated into compostable,
non-recyclable, recyclable or
special type of waste.
Collection of wastes shall be
undertaken by the LGU. Solid
wastes shall be brought to
Materials Recovery Facility (MRF),
in which solid wastes shall be
further sorted. Residual wastes
shall be sent to landfill, while
hazardous wastes shall be sent to
treatment facility.
Salient Features:
Prohibition on the Use of Non-
Environmentally Acceptable
Packaging - No person owning,
operating or conducting a
commercial establishment in the
country shall sell or convey at
retail or possess with the intent to
sell or convey at retail any
products that are placed, wrapped
or packaged in or on packaging
which is not environmentally
acceptable packaging.
Prohibition Against the Use of Open
Dumps for Solid Waste - No open
dumps shall be established 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 allowed. (There
should be no open dumpsite by
2016)
Prohibition on 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]Open
burning of solid wastes, et. al.
 RA 6969: Toxic Substances and
Hazardous and Nuclear Wastes
Control Act
Declaration of Policy. - It is the policy
of the State to regulate, restrict or
prohibit the importation, manufacture,
processing, sale, distribution, use and
disposal of chemical substances and
mixtures that present unreasonable risk
and/or injury to health or the
environment; to prohibit the entry, even
in transit, of hazardous and nuclear
wastes and their disposal into the
Philippine territorial limits for whatever
purpose; and to provide advancement
and facilitate research and studies on
toxic chemicals.
Objectives of Toxic Substances and
Hazardous, and Nuclear Wastes
Control Act of 1990:
(1) regulate, restrict or prohibit the
importation, manufacture, processing,
sale, distribution, use and disposal of
chemical substances and mixtures that
present unreasonable risk and/or injury to
health or the environment;
(2) prohibit the entry, even in transit, of
hazardous and nuclear wastes and their
disposal into the Philippine territorial
limits for whatever purpose; and
(3) provide advancement and facilitate
research and studies on toxic chemicals.
TSHNWCA shall cover the
importation, manufacture,
processing, handling, storage,
transportation, sale, distribution,
use and disposal (from cradle to
grave) of all unregulated chemical
substances and mixtures 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
Section 13 of TSHNWCA enumerates the
following as Prohibited Acts:
a. Knowingly use in chemical substance
or mixture which is imported,
manufactured, processed or distributed in
violation of this Act or implementing rules
and regulations or orders;
b. Failure or refusal to submit reports,
notices or on the information, access to
records as required by this Act, or permit
inspection of establishment where
chemicals are manufactured, processed,
stored or otherwise held;
c. Failure or refusal to comply with the
pre-manufacture and pre-importation
requirements (Meaning, there must be
import clearance before entry of any
chemical substances to the Philippines);
and
d. Cause, aid or facilitate, directly or
indirectly, in the storage, importation or
bringing into Philippine territory, including
its maritime economic zones, even in
transit, either by means of land, air or sea
transportation or otherwise keeping in
storage any amount of hazardous and
nuclear wastes in any part of the
Philippines
Definition of Terms:
Hazardous substances are substances
which present either:
1. short-term acute hazards such as
acute toxicity by ingestion, inhalation or
skin absorption, corrosivity or other skin
or eye contact hazard or the risk of fire or
explosion; or
2. long-term environmental hazards,
including chronic toxicity upon repeated
exposure.
Hazardous wastes are substances that
are without any safe commercial,
industrial, agricultural or economic usage
and are shipped, transported or brought
from the country of origin for dumping or
disposal into or in transit through any part
of the territory of the Philippines.
Nuclear wastes are hazardous wastes
made radioactive by exposure to the
radiation incidental to the production or
utilization of nuclear fuels but does not
include nuclear fuel, or radioisotopes
which have reached the final stage of
fabrication so as to be usable for any
scientific, medical, agricultural,
commercial, or industrial purpose.
Kinds of list of chemicals as provided
by TSHNWCA:

1. Philippine Inventory of Chemicals
& Chemical Substances (PICCS) list
of all allowed chemical substances.
2. Philippine Priority Chemical List
(PPCL) list of prohibited chemical
substances
DRAFT Guidelines on the
Environmentally Sound Management
(ESM) of Waste Electrical and
Electronic Equipment (WEEE)
WEEE is under RA 6969 certain
components or parts of WEEE are toxic
and pose risk to the human health and
the environment. Thus, DENR
Administrative Order (DAO) 2013-22: 43
Revised Procedures and Standards for the
Management of Hazardous Wastes
classifies WEEE as hazardous wastes with
waste number M506 and provides the
following criteria:
All waste electrical and electronic
equipment that contains hazardous 48
components such as lead, cadmium,
mercury, hexavalent chromium, 49
polybrominated biphenyls (PBBs), and
polybrominated biphenyl ethers 50
(PBDEs) that includes its peripherals i.e.,
ink -- cartridges, toners, etc
Additionally, DAO 2013-22 includes
domestic sources of WEEE, classifies it as
Special Wastes with waste number
M507 and provides the following criteria:
Household hazardous wastes such
as paints, thinners, household batteries,
lead-acid batteries, spray canisters and
the like that are consolidated by Material
Recovery Facilities (MRFs). These include
wastes from residential and commercial
sources that comprise of consumer
electronics, white goods, (i.e.
refrigerators, washing machines, air
conditioners, etc.) batteries, oil, and
busted lamps.
Objectives:
Reduce the amount of EEE type of
waste and the hazards brought
about by its components;
Encourage the reuse of equipment
and valorization of its waste
components;
Encourage involvement of all
relevant agencies and stakeholders
in the life cycle of EEE in design
innovation leading to their more
efficient dismantling, recycling,
and reuse; and,
Institutionalize the principle of
extended producers
responsibility (EPR) in addressing
the financial requirements involved
in the implementation of this
Guideline.
List of WEEE Covered by the
Guideline
Type of Description
WEEE
Lighting Includes those listed in JAO
products 2013-09-001 in addition to the
metallic, electronic, and
electrical parts of the lighting
products and their housing (e.g.
luminaires).
Informatio Includes, but are not limited to:
n routers, repeaters, switches,
Technology servers, modems, computer
(IT) hardware (e.g. keyboards,
Equipment/ automatic voltage regulators,
Devices mice), computer units (desktop,
laptop, netbook) including
computer screens (CRT, LCD,
LED, etc.), central processing
units (CPU), external data
storage devices such as flash
drives and hard disk drives,
photocopiers, scanners, printers,
etc.
Telecommu Includes, but are not limited to:
nication telephones, fax machines,
devices wireless telephones, mobile
phones, tablets, radios, etc.
Electric Includes, but are not limited to:
appliances Consumer appliances such as
TV Sets (including CRT,
plasma, LCD, or LED TV
Sets), microwaves, coffee
makers, toasters, automatic
dispensers, electric fans,
vacuum cleaners, cooking
ranges/ovens, refrigerators,
washing machines,
heating/air conditioning
units, etc.
Industrial electronic and
electrical appliances except
those fixed and stationary
industrial fixed electronic and
 electrical appliances
Entertainm Includes, but are not limited to:
ent and gaming consoles (Playstation,
recreationa Xbox, Wii, etc.), portable gaming
l devices devices (3DS, PSP, etc.),
portable music players, etc.
Image Includes, but are not limited to:
producing cameras, camcorders, video
devices recorders, DVD, VCD, CD, and
other tape readers, etc.
Medical Includes, but are not limited to:
devices ultrasound, urinalysis system,
patient monitor, defibrillator,
jaundice meter, ventilator, etc.
Laboratory Includes, but are not limited to:
equipment High Performance Liquid
Chromatography, Atomic
Absorption Spectrometer, UV-VIS
Spectrophotometer, etc.
What is Environmentally Sound
Management (ESM)?
Environmentally Sound
Management (ESM) is defined as taking
all practicable steps to ensure that
hazardous wastes or other wastes are
managed in a manner that will protect
human health and the environment
against adverse effects that may result
from such wastes. It includes the
identification and management of wastes
throughout their entire life cycle with a
strong emphasis on reduction, reuse, and
recycling
WEEE recycling requires specialized
technologies that would make possible
the separation of the following
components with the least impact to
health and the environment.
1. Metallic fragments (MF)
2. Non-metallic fragments (NMF) such
as plastics and glass; and
3. Hazardous chemicals in printed
circuit boards
Environmental and Health Hazard
The treatment of WEEE should
avoid the dispersion of pollutants in the
waste stream, including sanitary landfills.
Of the substances coming from WEEE,
lead is the leading toxic element in terms
of quantity and toxicity level. Mercury,
cadmium and hexavalent chromium are
also toxic substances with leaching
properties that can contaminate landfills
and water reservoirs. Polychlorinated
biphenyls (PCBs) and polychlorinated
terphenyls (PCTs) are mostly used in small
and large capacitors. Capacitors made
prior to 1976 must be assumed to contain
PCBs. Brominated flame retardants are
also among those that have the potential
for adverse impacts to health and the
environment.
RA 7076: Peoples Small-Scale
Mining Act of 1991
What is Peoples Small-Scale Mining
Act?
Peoples Small-Scale Mining Act of
1991 enshrines the rights of small
scale miners, and authorized
Mining Regulatory Board directly
under DENR Secretarys control
and supervision to declare and set
aside people's small-scale mining
areas in sites onshore suitable for
small-scale mining, immediately
giving priority to areas already
occupied and actively mined by
smallscale miners before August 1,
1987
Objectives of RA 7076
It establishes integrated protected
areas in recognition of the critical
importance of protecting the
countrys diverse natural resources
in the environment from an
increasing population. The areas
established are notable for their
biological uniqueness and
significance. These protected
areas are classified as strict nature
reserve, natural park, natural
monument, wildlife sanctuary,
protected landscapes and
seascapes, resource reserve,
natural biotec areas, and other
categories that may be established
under international protected
areas in the country
Exceptions:
a. such areas are not considered as active
mining areas;
b. the minerals found therein are
technically and commercially suitable for
small-scale mining activities:
c. the areas are not covered by existing
forest rights or reservations and have not
been declared as tourist or marine
reserves, parks and wildlife reservations,
unless their status as such is withdrawn
by competent authority
Suitable areas for small- scale
mining:
a. Areas already occupied and actively
mined by small-scale miners before
August 1, 1987 Public lands not subject to
any existing right,
b. Public lands not subject to any existing
rights
c. Public lands covered by existing mining
rights which are not active mining areas,
and
d. Private lands, except those with
substantial improvements or used as a
yard, stockyard, garden, plant nursery,
plantation, cemetery or burial site; or
land situated within one hundred meters
(100 m.) from such cemetery or burial
site, water reservoir or a separate parcel
of land with an area often thousand
square meters (10,000sq.m.) or less. e.
Ancestral lands with prior consent of the
cultural communities
f. Areas occupied by a community of
traditional small-scale miners, subject to
approval of the said community
Definition of Terms:
Small-scale mining refers to mining
activities which rely heavily on manual
labor using simple implements and
methods and do not use explosives or
heavy mining equipment.
INTERNATIONAL TREATY/PROTOCOL
What is an Environmental
Treaty/Protocol?
An environmental protocol is a
type of international law, "an
intergovernmental document intended
as legally binding with a primary stated
purpose of preventing or managing
human impacts on natural resources.
Cartagena Protocol
What is Cartagena Protocol?
The Cartagena Protocol on Biological
Diversity is an international treaty
governing the movements of living
modified organisms (LMOs) from one
country to another, and seeks to protect
biological diversity from the potential
risks posed by genetically modified
organisms resulting from modern
biotechnology.
Living Modified Organism (LMO)/
Genetically Modified Organism (GMO)
any living organism that possesses a
novel combination of genetic material
obtained through the use of modern
biotechnology. Overall, the term 'living
modified organisms' is equivalent to
genetically modified organism the
Protocol did not make any distinction
between these terms and did not use the
term 'genetically modified organism.'
Biosafety Clearing-House (BCH) an
information exchange mechanism that
provides open and easy access to key
information about LMOs Salient Feature:
The parties shall ensure that the
development, handling, transport, use,
transfer and release of any living modified
organisms are undertaken in a manner
that prevents or reduces the risks to
biological diversity, taking also into
account risks to human health.
BASEL CONVENTION on the Control
of Transboundary Movements of
Hazardous Wastes and Their Disposal
An international treaty that was
designed to reduce the
movements of waste between
nations, and specifically to prevent
transfer of hazardous waste from
developed to less developed
countries(LDCs).
It does not, however, address
the movement of radioactive
waste
GENERAL RULE: no one is
permitted to export hazardous
waste. Exception: exporter
without treatment facility. In other
words, if an exporter already have
 a treatment facility, they are no
longer allowed to export
hazardous waste.
Example: The exported waste of Canada
to the Philippines.
Resolution: There are 2 options in
resolving the wastes exported from
Canada to the Philippines:
(1) ship it back to the source country, as
per Basel Convention; or
(2) if there is no way to ship it back, or if
would not be convenient or economical,
or if it would cause more harm to the
environment, the concerned State should
sit down, discuss the problem and come
up with a solution.
In the case at bar, it would be economical
to bury the waste and promulgate a more
stringent rules on importation.
Rotterdam Convention
What is Rotterdam Convention?
Rotterdam Convention on the Prior
Informed Consent Procedure for
Certain Hazardous Chemicals and
Pesticides in International Trade is a
multilateral treaty to promote shared
responsibilities in relation to importation
of hazardous chemicals. The convention
promotes open exchange of information
and calls on exporters of hazardous
chemicals to use proper labeling, include
directions on safe handling, and inform
purchasers of any known restrictions or
bans. Signatory nations can decide
whether to allow or ban the importation
of chemicals listed in the treaty, and
exporting countries are obliged to make
sure that producers within their
jurisdiction comply.
The Convention promotes the exchange
of information on a very broad range of
chemicals. Basically, the convention is
about the proper labelling of chemicals.
Montreal Protocol
What is Montreal Protocol?
The Montreal Protocol on Substances that
Deplete the Ozone Layer (a protocol to
the Vienna Convention for the Protection
of the Ozone Layer) is an international
treaty designed to protect the ozone layer
by phasing out the production of
numerous substances that are
responsible for ozone depletion. Due to its
widespread adoption and implementation
it has been hailed as an example of
exceptional international cooperation,
with Kofi Annan quoted as saying that
"perhaps the single most successful
international agreement to date has been
the Montreal Protocol". In comparison,
effective burden sharing and solution
proposals mitigating regional conflicts of
interest have been among the success
factors for the Ozone depletion challenge,
where global regulation based on the
Kyoto Protocol has failed to do so.
Chlorofluorocarbons (CFCs) ozone
depleting substance
Kyoto Protocol
What is Kyoto protocol?
The Kyoto Protocol is an international
treaty, which extends the 1992 United
Nations Framework Convention on
Climate Change (UNFCCC) that commits
State Parties to reduce greenhouse gases
emissions, based on the premise that (a)
global warming exists and (b) man-made
CO2 emissions have caused it.