National Policies On Environment.pdf

 Constitution  Law (Republic Act or R.A.)  Presidential Decree (P.D.)  Executive Order (E.O.)  Administrative Order (A.O.)  Proclamation (Proc.)  Memorandum Order (M.O.)  Implementing Rule & Regulation (IRR)

 The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature (1987 Constitution, Art. II, Sec. 16).

 National Economy and Patrimony is defined in Article XII of the 1987 Constitution.  The State shall protect and promote the right to health of the people and instill health consciousness among them (Art. II, Sec. 15).

 The State recognizes and promotes the rights of Indigenous cultural communities within the framework of national unity and development (Art. II, Sec. 22).  The State values the dignity of every human person and guarantees full respect for human rights (Art. II, Sec. 11).  The State shall promote social justice in all phases of national development (Art. II, Sec. 10).

Environmental  Policy Presidential Decree No. 1151

To create, develop, maintain, and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other,

 To fulfill the social, economic and other requirements of present and future generations of Filipinos, and  To ensure the attainment of an environmentally quality that is conductive to a life of dignity and well-being.

PD No. 1152 Philippine Environmental Code

The Code outline includes the air, water protection and improvement, land use and natural resources mgt. and conservation. It emphasized the fisheries and aquatic resources, wildlife, forestry and soil conservation, flood control and natural calamities, energy development, mineral resources and the waste management.

Forest Resources P.D. 705 – Revised Forestry Code

 The multiple uses of forest lands shall be oriented to the development & progress requirements of the country, the advancement of science & technology, and the public welfare;  Land classification and survey shall be systemized and hastened;  The establishment of wood processing plants shall be encouraged and rationalized; and  The protection, development and rehabilitation of forest lands shall be emphasized so as to ensure their continuity in productive condition.

Forest Resources P.D. 705 – Revised Forestry Code

 It emphasized forest resources policy on the land classification and survey, utilization and management, wood processing industry, reforestation, forest protection, special land uses, regulatory fees to all users and the criminal offenses and penalties of violators thereof.

Protected Areas and Wildlife Species

R.A. 7586 – National Integrated Protected Areas System

 Encompass outstandingly remarkable areas and biological important public lands that are habitats of rare and endangered species of plants ant animals, bio-geographic zones and related ecosystem, whether terrestrial, wetland or marine, all of which shall be designated as protected areas. R.A. 9072 – National Caves and Cave Resources Mgt. & Protection Act.  To conserve, protect and manage caves and cave resources and strengthen cooperation and exchange of information between governmental authorities and people who utilize cave and cave resources for scientific, educational, recreational, tourism and other purposes.

Protected Areas and Wildlife Species

R.A. 9147 – Wildlife Resources Conservation and Protection Act  Enforceable for all wildlife species found in all areas of the country, including protected areas under NIPAS Act, and critical habitats. This act shall also apply to exotic species which are subject to trade, and cultured, maintained and/or bred in capacity or propagated in the country.

Proclamation Nos. 552 & 2455 Establishing Mt. Matutum and Allah Valley as Protected Landscapes, respectively

Mineral & Other Quarry Resources

R.A. 7942 Philippine Mining Act of 1995  The Act stressed the government management on the mineral resources, scope of application, exploration permit, modes of mineral agreements, financial or technical assistance agreement, small scale mining, quarry resources, transport, sale, and processing of minerals, development of mining communities and science and mining technology, safety and environment protection, auxiliary mining rights, settlement of conflicts, government share, taxes and fees, incentives, ground for cancellation, revocation and termination of permit and the penal provisions of the Act.

Mineral & Other Quarry Resources

P.D. 1899 - Small Scale Mining  A single unit mining operation having and annual production of not more than 50,000 metric tons of ore and satisfying the following requisites: 1. The working is artisanal, either open or cast or shallow underground mining, without the use of sophisticated mining equipment; 2. Minimal investment on infra and processing plant; 3. Heavy reliance on manual labor; and 4. Owned, managed or controlled by an individual or entity qualified under existing mining laws, rules and regulations.

Mineral & Other Quarry Resources

R.A. 7076 - People’s Small Scale Mining Act of 1991  The Peoples Small-Scale Mining Program shall include the following features: a.

Identification, segregation, and reservation of certain mineral lands as people’s small-scale mining areas; b. Recognition of prior existing rights and productivity; c. Encouragement of the formation of cooperatives; d. Extension of technical and financial assistance, & other social services; e. Extension of assistance in processing and marketing.

Mineral & Other Quarry Resources

R.A. 7076 - People’s Small Scale Mining Act of 1991  The Peoples Small-Scale Mining Program shall include the following features: f.

Generation of ancillary livelihood activities; g. Regulation of the small-scale mining industry with the view to encourage growth and productivity; and h. Efficient collection of government revenue.

Water Resources

P.D. No. 1067 – Water Code of the Philippines of 1976  The law govern the use and management of waters from under and above the ground, water in the atmosphere, and the waters of the sea within the territorial jurisdiction of the Philippines. It provides highlight on the ownership, appropriation, utilization, control, conservation, protection of watersheds and related land resources and the administration of waters including penalty on the violations of the provisions of the Code.

Ecological Solid Waste Management

R.A. No. 9003 – Ecological Solid Waste Management Program a.

Ensure the protection of public health and environment;

b. Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resources conservation and recovery;

Ecological Solid Waste Management

R.A. No. 9003 – Ecological Solid Waste Management Program c.

Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures, including composing, recycling, re-use, recovery, green charcoal process, and others, before collection, treatment and disposal in appropriate and environmentally-sound solid waste management facilities in accordance with ecologically sustainable development principles;

Ecological Solid Waste Management

R.A. No. 9003 – Ecological Solid Waste Management Program d. Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formation and adoption of the best environmental practices in ecological management excluding incineration; e.

Promote national research and development programs for improved solid waste management and resource conservation techniques, more effective institutional arrangement and indigenous and improved methods of waste reduction, collection, separation and recovery;

Ecological Solid Waste Management

R.A. No. 9003 – Ecological Solid Waste Management Program f.

Encourage greater private sector participation in solid waste mgt.; g. Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government, other local government units, NGOs, and the private sector; h. Encourage cooperation and selfregulation among waste generators through the application of market based instruments;

Air Quality & Noise Pollution Mgt.

R.A. No. 8749 – Philippine Clean Air Act  The Act includes air quality management system, air pollution clearances and permits for stationary sources, motor vehicles, fuels, additives, substances and pollutants. The institutional mechanisms and actions, fines and penalties for violations of the Act. P.D. No. 984 – Pollution Control Law  A national policy to prevent, abate, and control pollution of water, air, and land for the more effective utilization of the resources of the country. It organized a commission called the “National Pollution Control Commission” defining its functions.

 Ecological Tourism  Environmental Impact Assessment P.D. No. 1586 – Environmental Statements System It is established based on the requirements of P.D. 1151 (Phil. Environmental Policy) for all agencies and instrumentalities of the national government, including governmentowned or controlled corporations, as well as private corporations, firms and entities, for every proposed project and undertaking which significantly affects the quality of the environment.

 Environmental Impact Assessment Proclamation No. 2146 – Environmental Critical Areas and Projects

The law calls for the proper management of environmentally critical projects and areas. It regulates to minimize if not to stop the environment impacts of projects and undertakings which may significantly affect the quality of the environment.

 Energy P.D. No. 1442 – Geothermal Resources Aim for the economic and industrial development of the country to reduce our dependence on imported energy supplies and accelerate the development of geothermal resources. The policy involves the exploration of and development of geothermal resources by the government, the geothermal contract areas, conversion of geothermal exploration permits and leases to service contract, privileges of service contractors, exploitation permits and the rules and regulations.

 Energy E.O. No. 223 – Jurisdiction Over Watershed Areas with Geothermal Reservations An indigenous geothermal resources is an energy alteration that can provide a principal energy supply to boost the country’s economy.

The PNOC has in place an efficient logistics network and an established and qualified watershed management body currently undertaking the protection, rehabilitation, and development of the watershed areas with geothermal reservations.

 R.A. No. 7160 – Local Government code of 1991 (Section 17) Defines the functions devolved from the National Government Agencies to Local Government Units. DENR Administrative Order (DAO) DAO No. 92-30 Guidelines for the Transfer and implementation of DENR Functions Devolved to the Local Government Units.

 Memorandum Circulars (M.C.) M.C. No. 97-05 – Procedural Guidelines in the Creation of Provincial/City Mining Regulatory Boards. M.C. No. 93-31 – Amendment to DENR Memo Circular No. 13 Series of 1993 Re: Share of Local Government Units (LGUs) from the Utilization and Development of Forest Resources within their Area of Jurisdiction. M.C No. 93-13 – share of Local Government Units (LGUs) from the Utilization and Development of Forest Resources within their Area of Jurisdiction.

 Joint Memorandum Circular (JMC) JMC No. 98-01 – Manual of Procedures for DENR-DILG-LGU Partnership on Devolved and other Forest Management Functions The LGUs shall share with DENR the responsibility in the sustainable management and development of the forest resources within their territorial jurisdiction. Toward this end, the DENR and LGUs shall endeavor to strengthen their collaboration and partnership in forest management.

 Provisions of RA 7160 on Devolved Functions A. Forest management “Section 17. Basic Services and Facilities – LGUs shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this Code. LGUs shall likewise exercise such other powers and discharge such other functions and responsibilities as are necessary, appropriate, or incidental to efficient and effective provision of the basic services and facilities enumerated therein.”

 Provisions of RA 7160 on Devolved Functions A. Forest management 1. Implementation of the following community based forestry projects: 1.1 Integrated Social Forestry Projects which have been funded out of regular appropriations, except at least one project per province;

 Provisions of RA 7160 on Devolved Functions A. Forest management 1.2 Establishment of new regular reforestation projects, except those projects located in protected areas and critical watersheds; LGUs shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this Code. 1.3 Completed family and community based contract reforestation projects.

 Provisions of RA 7160 on Devolved Functions A. Forest management 1.4 Forest Land Management Agreements 1.5 Community Forestry Projects, subject to the concurrence of the funding institution, if foreign assisted.

 Provisions of RA 7160 on Devolved Functions A. Forest management 2. The management and control of communal forests with an area not exceeding fifty (50) square kilometers of five thousand (5,000) ha. 3. The Management, protection, rehabilitation and maintenance of small watershed areas which are sources of local water supply as identified or to be identified by the DENR.

 Provisions of RA 7160 on Devolved Functions A. Forest management 4. Enforcement of forest laws in community-based forestry. The Key Provisions are:

For a Province  involved in the enforcement of forestry laws limited to communitybased forestry based projects. (Sec. 17, [(b)(3)(iii)]

 Provisions of RA 7160 on Devolved Functions The Key Provisions are: For a Municipality  Implementation of community-based forestry projects, which include integrated social forestry programs and similar projects, management and control of communal forest with an area not exceeding fifty (50) square kilometers, establishment of tree parks, greenbelts, and similar forest projects. Sec. 17 [(b)(2)(iii)]

 Provisions of RA 7160 on Devolved Functions The Key Provisions are: For a City  All the services and facilities of the municipalities and provinces.

 The cities will carry out the same functions or roles as those devolved to the provinces and municipalities.

 Provisions of RA 7160 on Devolved Functions B. Protected Areas and Wildlife 1. Establishment, protection and maintenance of tree parks, green belts, and other tourist attractions in areas identified and delineated by the DENR, except these covered by the integrated protected areas system, and the collection of trees for their services and the use of facilities therein;

 Provisions of RA 7160 on Devolved Functions C. Land Management 1. Conduct of cadastral survey 2. Conduct of lot survey 3. Conduct of isolated and Special Surveys.

The performance of survey functions by the local government units is subject to the condition that the issuance of survey authority and the verification of survey returns, records keeping, issuance of patents and other port-survey activities are to be done by the DENR.