17 Environmental Laws - Land Air Water Waste

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 193

Overview of

Environmental
Law

© ECOPOLIS 2009 ® PAGE 1


Environmental Issues and Concerns
• Extractive industries – logging, mining
• Loss of biodiversity
• Loss of Soil Fertility because of Agricultural Practices
• Conversion of Prime Agricultural Land
• Over-expansion of Subdivisions (Sprawl)
• Trade in endangered species
• Invasive species
• Man-made Disasters – poor siting, poor construction,
pollution, oil spills
• Solid waste
• Climate Change

© ECOPOLIS 2009 ® PAGE 2


Environmental Concerns are Cross-
Cutting
• Environmental Issues and Concerns are:
– Multidisciplinary in nature
• Often the environmental concerns are difficult to
segregate from the main functions of a particular
agency
• Practices in other countries shows it is most efficient to
integrate environmental concerns to the main functions
of the agencies
– Its enforcement and implementation cuts across
various departments, commissions and organs of
government

© ECOPOLIS 2009 ® PAGE 3


Ecosystem Linkages within the Lake Catchment/Basin

Natural drainage within


surface catchments

Predators in the foodchain moving


upslope and downslope in search of prey.
Vertical mixing of water
Patterns of movement in response to
density, nutrients, fish, etc
habitat types, food sources, etc. seed
dispersal by animals.

Interaction of specific prey


and predators in the aquatic Freshwater seeps,
food-chain Tidal into shoreland and
movements lake

Benthic habitat -
invertebrates
Ecosystem Linkages
and Connectivity
Currents and flushing in
the lake environment

babbaba
aaabbaa
bababaa
bababaa
babbaba
aaabbaa
bababaa
bababaa
babbaba
aaabbaa
bababaa
bababaa
aaabbaa
bababaa
bababaa
babbaba
aaabbaa
bababaa
bababaa
babbaba
aaabbaa
bababaa
bababaa
Shore-land Urban/Built-up Low Land Sloping Forest
Lake Ecosystem Agricultural Agricultural /
Ecosystem Ecosystem Ecosystem
Ecosystem Agroforestry
Ecosystem
Institutional Structures
(LLDA, LGUs, DA, DENR, Other Government Agencies, POs, NGOs,
Private Business Sector, Other stakeholders)
Coastal zone- mangroves, beach platforms, etc.
Point of marine/terrestrial interface. Primary
producers, high level of biological productivity.
Natural drainage within
High number of predators and prey animal
surface catchments
species. Complex interactions and habitat niches.

Predators in the foodchain moving upslope


and downslope in search of prey. Patterns of
Vertical mixing of water density,
movement in response to habitat types,
nutrients, plankton, fish, etc
foodsources, etc. seed dispersal by animals.

Interaction of specific prey and


Freshwater seeps,
predators in the aquatic food-
Tidal into mangroves, etc
chain
movements

Benthic habitat -
invertebrates, etc Ecosystem Linkages
Currents and
and Connectivity
flushing in the
marine environment

Figure title:

Ecosystem Linkages within the Coastal Watershed Area


Lead Agencies
• While DENR (and its Bureaus-
EMB,LMB,PAWB,ERDB,MGB) are the main
government agencies responsible for
environmental issues and concerns, a number
of environmental laws are outside its
jurisdictions
• As environmental issues and concerns are
cross cutting, if all the environmental issues
and concerns are placed into one agency, that
agency will be almost as big and powerful as
the government itself.

© ECOPOLIS 2009 ® PAGE 6


Philippine
Environmental Laws

© ECOPOLIS 2009 ® PAGE 7


Environmental Law
NATIONAL ENVIRONMENTAL POLICY (1975)

FORESTRY & WILDLIFE &


AIR WATER WASTE PROTECTED BIODIVERSITY POLLUTION
AREAS CONSERVATION

LAND USE & ENVIRONMENTAL PLANNING

© ECOPOLIS 2009 ® PAGE 8


PD 1151 – Philippine Environmental
Policy issued on 18 April 1977
• PD 1151- Philippine Environment Policy
–Sec. 1. Policy has three main thrusts
• To create, develop, maintain and improve the 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 Filipino; and
• To insure the attainment of an environmental quality that
is conducive to a life of dignity and well being

© ECOPOLIS 2009 ® PAGE 9


PD 1151 – Philippine Environmental
Policy
• Section 2 Goals (six main goals)
– Recognize, discharge and fulfill the responsibilities of each generation
as trustee and guardian of the environment for succeeding
generations
– Assure the people of a safe, decent, healthful productive and aesthetic
environment
– Encourage the widest exploitation of the environment without
degrading it or endangering human life, health and safety or creating
conditions adverse to agriculture, commerce and industry
– Preserve important historic and cultural aspects of the Philippine
heritage
– Attain a rational and orderly balance between population and
resource use and
– Improve the utilization of renewable and non-renewable resources

© ECOPOLIS 2009 ® PAGE 10


PD 1151 – Philippine Environmental
Policy
• Sec 3- Right to a Healthy Environment- It shall
be the duty and responsibility of each
individual to contribute to the preservation
and enhancement of the Philippine
environment

© ECOPOLIS 2009 ® PAGE 11


PD 1151 – Philippine Environmental
Policy
• Sec 4- Establishes the Environmental Impact Statement. For
project or undertaking that will SIGNIFICANTLY AFFECT THE
QUALITY OF THE ENVIRONMENT proponents will prepare a
detailed statement on
(i) detailed environmental impact of the proposed action, project or
undertaking
(ii) any adverse environmental effect which cannot be avoided should
the proposal be implemented
(iii) alternative to the proposed action
(iv) a determination that the short term uses of the resources of the
environment are consistent with the maintenance and enhancement
of the long term productivity and
(v) whenever the proposal involves the use of deplete able or non-
renewable resources, a finding must be made that such use and
commitment are warranted

© ECOPOLIS 2009 ® PAGE 12


PD 1151 – Philippine Environmental
Policy
• Sec.4 further states- all agencies with
expertise to comment on draft environmental
impact statement
• Lead agency to issue the environmental
impact statement
• take note that under this PD, the EIS is issued
by the lead agency.

© ECOPOLIS 2009 ® PAGE 13


PD 1151 – Philippine Environmental
Policy
• Sec.5 Each of the 19 agencies identified in LOI
422 as charged with environmental protection
will have to prepare their respective
guidelines, rules and regulations to carry out
the EIS

© ECOPOLIS 2009 ® PAGE 14


PD 1151 – Philippine Environmental
Policy
• Sec 6- NEPC authorized to constitute the secretariat
• Sec 7- allows the Ministry of Human Settlements to provide
management, technical and financial assistance to
implement the PD
• Sec 8-authorizes NEPC to issue the guidelines and rules to
implement the PD
• Sec 9- sets the penalty for violation and for cancellation of
the ECC. (note: the cancellation of the ECC is a very
contentious issue. The EIA as a planning tool is a plan. The
ECC is really more of a procedural aspect borrowed from US
jurisprudence)
• Sec 10 allows the use of a revolving fund from fines
imposed by the NPCC

© ECOPOLIS 2009 ® PAGE 15


LOI 422- Interagency Committee on
Environment - issued June 6, 1976
• Earlier LOI 422 enumerated the different agencies in
charge of environmental protection.
• LOI 422 was for strong integration of environmental
concerns in the 19 agencies identified as agencies
“concerned with environment”
• Department of Natural Resources was directed to initiate
the creation of the interagency committee

© ECOPOLIS 2009 ® PAGE 16


LOI 422
• The Committee was required to submit within
one month
– Accomplishment and present activities in line with
environmental protection
– Proposals to further programs on environmental
protection
– Suggestion regarding amendments to existing laws
and regulations relevant to the protection of the
environment
– Monitor agencies amendments to existing laws and
regulations

© ECOPOLIS 2009 ® PAGE 17


LOI 422
• Historical Background –prior to the LOI 422 the
National Pollution Control Commission was the
environmental agency. When martial law was
created, NPCC was transferred directly under the
office of the President. NPCC was practically
headed by police but the police were weak on
policy.
• NPCC tends to look at the problem one factory at
a time and did not have a planner’s view of the
environmental problems.

© ECOPOLIS 2009 ® PAGE 18


PD 1121

• PD 1121 issued on 18 April 1977, the National Environment


Protection Council was organized directly under the office
of the President with the Secretary of Natural Resources
as the Executive Officer. The membership included some of
the agencies in LOI 422 as well as additional agencies such
as Secretary of National Defense, Environmental Center of
the Philippines.

• The repealing clause of PD 1121 repealed provisions of


existing laws contrary to the PD

© ECOPOLIS 2009 ® PAGE 19


PD 1152- Philippine Environment
Code, June 6, 1977
• recognizes the multi-disciplinary nature
of Environmental Concerns ( first article
in the preamble) and strengthening the
role of the National Environment
Protection Council created under PD
1121.

© ECOPOLIS 2009 ® PAGE 20


PD 1152- Philippine Environment Code,
June 6, 1977
• Title I is on Air Quality Management
– Prescribes the establishment of ambient air
quality, emissions from fixed and mobile sources,
noise, aircraft noise, and radioactive emissions.
– Agencies involved Phil. Atomic Energy Commission
for radioactive emissions
– LTC now LTO for vehicular emission
– Civil Aeronautics Administration with NPCC
– Weather Modification with PAG ASA
– All others with NPCC

© ECOPOLIS 2009 ® PAGE 21


PD 1152- Philippine Environment Code,
June 6, 1977
• Title II Water Quality Management
– Classification of water bodies according to usage
– NPCC to set water quality standards
– Enforcement and Coordination with NEPC
– Water Quality Monitoring with various
government agencies reporting to NEPC

© ECOPOLIS 2009 ® PAGE 22


PD 1152- Philippine Environment Code
June 6, 1977
• Title III Land Use Management
– Human Settlements Commission in coordination with other government
agencies shall formulate land use scheme and submit it to NPC
– Land Use Schemes are based on science, technology oriented land
inventory and classification system
– Present land use, extent they are utilized, under-utilized, rendered idle or
abandoned
– Comprehensive and accurate determination of the adaptability of the
land for community development, agriculture, industry, commerce and
other fields of endeavor
– Method of identification of areas where uncontrolled development could
results in irreparable damage to important historic, or aesthetic values, or
nature systems or processes of national significance

© ECOPOLIS 2009 ® PAGE 23


PD 1152- Philippine Environment Code
June 6, 1977
• Title III Land Use Management
– Method of exercising control by the appropriate government agencies
over the use of land in the area of critical environmental concern and
areas impacted by pubic facilities including but not limited to airports,
highways, bridges, ports, wharves, buildings and other infrastructure
projects
– Method to ensure the consideration of regional development and land
use in local regulations
– Policy for influencing the location of new communities and methods of
assuring appropriate land use around the new communities
– System of controls and regulations pertaining to areas and
development activities designed to ensure that any source of pollution
will not be located where it would result in a violation of any
applicable environmental pollution control regulations
– Recommend method for the periodic revisions and updating of the
national land use scheme to meet changing conditions

© ECOPOLIS 2009 ® PAGE 24


PD 1152- Philippine Environment Code,
June 6, 1977
• Title IV Natural Resources Management and
Conservation
• Chapter I – Fisheries and Aquatic Resources
– Policy for sustainable fishery with active citizen
participation
– Identifies and enumerates measures for rational
exploitation

© ECOPOLIS 2009 ® PAGE 25


PD 1152- Philippine Environment Code,
June 6, 1977
• Chapter II – Wildlife
– Department of Natural Resources to lead
– Identifies and enumerates measures for rational
exploitation of wildlife
• Chapter III – Forestry and Soil Conservation
– Department of Natural Resources to lead for forestry
– Department of Agriculture and Natural Resources to
coordinate on effective soil conservation
– Policy for rational exploitation of forest resources
– Policy for rational use of fertilizers and pesticides

© ECOPOLIS 2009 ® PAGE 26


PD 1152- Philippine Environment Code,
June 6, 1977
• Chapter IV Flood Control and Natural Calamities-
PAGASA taking the lead including earthquakes
• Chapter V- Energy Development- Energy
Development Board takes the lead on
development of renewable energy sources such
as solar, wind and tidal
• Chapter VI-Conservation and Utilization of
Surface and Ground Water- National Water
Resources Council shall prescribe measures

© ECOPOLIS 2009 ® PAGE 27


PD 1152- Philippine Environment Code,
June 6, 1977
• Chapter VII Mineral Resources-Department of
Natural Resources to take the lead to system
for gainful exploitation and rational and
efficient utilization of mineral resources.
Citizen participation is encourage

© ECOPOLIS 2009 ® PAGE 28


PD 1152- Philippine Environment Code,
June 6, 1977
• Title V- Wastes Management – Local government
unit is the focal point for disposal of solid wastes
with the Department of Local Government and
Community Development developing the
guidelines and implementation programs
• Sec 49 under this Title deals with wastes disposal
into the Sea and other Navigable Rivers with the
Coast Guard and NPCC developing the rules and
regulations

© ECOPOLIS 2009 ® PAGE 29


PD 1152- Philippine Environment Code,
June 6, 1977
• Title VI- Miscellaneous Provisions- detailing
the new powers and responsibilities of the
NEPC on environmental education,
environmental research, incentives,
population, participation of local government
units, and preservation of historic monuments
and heritage

© ECOPOLIS 2009 ® PAGE 30


Biodiversity Conservation

Wildlife endangerment
State of Biodiversity
• The Philippines is one of 18 megadiverse
countries in the world
• It is also one of the top 25 biodiversity
hotspots. where an extraordinarily high
percentage are endemic, and where many are
threatened by extinction.
• Often called the hottest of the hotspots, with
a loss of many species all but inevitable.
Source: PAWB

© ECOPOLIS 2009 ® PAGE 32


Threats to Biodiversity
• Habitat Destruction and Loss
– Logging
– Kaingin or slash-and-burn
– Land conversion
– Destructive fishing
– Encroachment and occupancy of protected area
• Overexploitation
– increase in population
– poverty
– limited livelihood opportunities

Source: PAWB

© ECOPOLIS 2009 ® PAGE 33


Source: PAWB
Threats to Biodiversity
• Chemical Pollution
– mine tailings
– hazardous wastes from industries
– factory discharge/effluent
– household wastes
• Biological pollution
– introduction of alien species
• Weak institutional and legal capacities
– inappropriate, overlapping, conflicting and obsolete policies and
institutions
– shortage of technical expertise
– limited funds
– weak/lack of information campaign
– inadequate research/studies

© ECOPOLIS 2009 ® PAGE 34


Measures to Adapt to Biodiversity Loss
• In-situ Conservation-
– Protecting the last great places – national parks/ protected
areas
• Ex-situ Conservation
– Botanical gardens
– National museums
– Special depositories (e.g. gene banks)
– Breeding Programs
• Conventional
• Genetic engineering

© ECOPOLIS 2009 ® PAGE 35


Laws on Biodiversity
• RA 7586- National Integrated Protected Areas System
(1992)
• RA 9147 -- Wildlife Resources Conservation and
Protection Act (2001)
• RA 9072 -- National Caves and Cave Resources
Management and Protection Act (2001)
• PD 1219 -- The Coral Resources Development and
Conservation Decree (1977)
• RA 8550 – Fisheries Code (1998)
• PD 705 – Revised Forestry Code (1975)
• RA 9168 -- Philippine Plant Variety Protection Act of
2002

© ECOPOLIS 2009 ® PAGE 36


RA 7586 National Integrated Protected
Area System (NIPAS) of 1992
• NIPAS became law on June 1, 1992
• primarily concerned with the protection of the country's diminishing
natural resources,
• encompasses "outstandingly remarkable areas and biologically important
public lands that are habitats of rare and endangered species of plants
and animals – biogeographic zones and related ecosystems, whether
terrestrial, wetland, or marine, all of which shall be designated as
'protected areas'.
• mandates the creation of these protected areas which are identified
portions of land and water set aside by reason of their unique physical and
biological significance, their management to enhance biological diversity,
and their protection against destructive human exploitation
• stipulates the primary policy for biodiversity management in the country

© ECOPOLIS 2009 ® PAGE 37


RA 7586 Categories of Protected Areas
• Category Ia: Strict Nature Reserve – protected area managed mainly for science (e.g
Northern Sierra Madre NP)
• Category Ib: Wilderness Area – protected area managed mainly for wilderness
protection (e.g Siargao Island WS)
– Wildlife sanctuary
• Category II: National Park – protected area managed mainly for ecosystem protection
and recreation (e.g Tubbataha Reef)
• Category III: Natural Monument – protected area managed mainly for conservation
of specific natural features
• Category IV: Habitat/Species Management Area – protected area managed mainly for
conservation through management intervention (e.g Cebu Endemic Forest
Biodiversity)
• Category V: Protected Landscape/Seascape – protected area managed mainly for
landscape/seascape conservation and recreation (e.g Batanes Protected L&S)
• Category VI: Managed Resource Protected Area – protected area managed mainly for
the sustainable use of natural ecosystems
– Resource reserves
– Natural biotic areas
– Other categories established by law, international conventions and agreements

© ECOPOLIS 2009 ® PAGE 38


RA 7586 NIPAS- Prohibited Acts
• Mutilating, defacing or destroying objects of nature, beauty, or interest to
cultural communities
• Hunting, destroying, disturbing or mere possession of plants, animals or
other products in the area without permit from Protected Area
Management Board (PAMB)
• Dumping wastes that are harmful to plants, animals or humans in the area
• Use of motorized equipment without PAMB permit
• Leaving in exposed or unsanitary conditions, refuse or debris, or
depositing then in ground waters or in open bodies of water
• Altering, removing or destroying or defacing boundary marks or signs
• Squatting, mineral prospecting or any unauthorized occupation of the
area
• Construction or maintaining any kind of structure, fence or enclosure, or
conducting any business enterprise w/out PAMB permit

© ECOPOLIS 2009 ® PAGE 39


RA 7586 NIPAS-- Highlights for EnP
• Section 9 Calls for the preparation of General Management
Planning Strategy to serve as basis for formulating the
individual plans. Management planning shall at the minimum
promote the adoption and implementation of innovative
management techniques, including, if necessary the concept
of zoning, buffer zone management for multiple uses and
protection, habitat conservation and rehabilitation , diversity
management, community organizing, socioeconomic and
scientific researches, site specific policy development, pest
management and fire control.
• Sec 9 further states –each component area of the system shall
be planned and administered to further protect and enhance
the permanent preservation of its natural conditions.

© ECOPOLIS 2009 ® PAGE 40


RA 7586 NIPAS-- Highlights for EnP
• The management plan shall include
– Background information
– Field inventory of resources within the area
– Assessment of the assets and limitations
– Regional inter-relationships
– Particular objectives for managing the area
– Appropriate division of the area into management zones,
– Review of the area boundaries
– Design of management programs
– If activities are proposed that is not included in the
management plan- then an EIA and a ECC must be secured
(Section 12)

© ECOPOLIS 2009 ® PAGE 41


RA 9147 Wildlife Resources Conservation
& Protection Act of 2001
 Supporting the NIPAS Act is RA 9147 or the
Wildlife Resources Conservation and Protection
Act of 2001 - the Act has the policy of conserving
the country’s wildlife resources and their habitats
for sustainability
 Given the complex requisites to implement the
NIPAS Act, a National Biodiversity Strategy and
Action Plan (NBSAP) was formulated and adopted
by the government - for providing strategic
framework in implementing a sustainable
biodiversity program

© ECOPOLIS 2009 ® PAGE 42


Pollution Control and Air
Quality

© ECOPOLIS 2009 ® PAGE 43


PD 984 – Pollution Control Law of 1976
• Permitting system for pollution sources
• Provides permitting requirements
• Provides penalty provisions
• Provides Air and Water Quality Standards
– Regulatory standards for waste discharges to air and water (but not
land)
• 1976 list of 6 pollutants
– carbon monoxide ◙ ozone
– lead ◙ particulates
– nitrogen dioxide ◙ sulfur dioxide
• DAO 93-14 Revised Chapter II, Sections 57 to 66 of the 1978
Implementing Rules And Regulations for PD 984

© ECOPOLIS 2009 ® PAGE 44


RA 8749 Clean Air Act of 1999
• RA 8749- June 23, 1999 “An Act Providing For A
Comprehensive Air Pollution Control Policy And For Other
Purposes” also called “Clean Air Act”
• A comprehensive policy and program for air quality
management in the country, revised the air quality
management sections of PD 984
• Most innovative feature- promotes the conduct of airshed-
specific air quality management while respecting national-set
emission reduction targets and following control strategies,
incentives and collective actions provided in the National
Framework Plan
• DAO 2000-81- Implementing Rules And Regulations (IRR) for
RA 8749 Clean Air Act

© ECOPOLIS 2009 ® PAGE 45


RA 8749 Clean Air Act of 1999

• Innovations
- Use of different policy tools to manage air quality
- Shifting strategy for pollution abatement from control to
prevention
- Providing a financial system to fund program implementation
- Attempting to link ambient management to emission
standards through emission quotas and charge system

© ECOPOLIS 2009 ® PAGE 46


RA 8749 Clean Air Act of 1999
Pollution sources can be classified into:
• Mobile sources
 vehicles like cars, trucks, vans, buses, jeepneys, tricycles and
motorcycles.
• Point/Stationary sources
 industrial firms and the smoke stacks of power plants, hotels and
other establishments
• Area sources
 Refer to sources other than above, this include smoking, burning of
garbage, and dust from construction, unpaved ground and the like.

© ECOPOLIS 2009 ® PAGE 47


RA 8749 Clean Air Act of 1999
Stationary Sources
• All sources of air pollution must have a valid Permit-to-Operate.
• All proposed or planned construction or modification of sources that has the
potential to emit 100 tons per year or more of any of the regulated pollutants
are required to have an approved Authority to Construct before implementation.
• For purposes of sampling, planning, research and other similar purposes, the
DENR-EMB, may issue a Temporary Permit-to-Operate not to exceed ninety (90)
days, provided that the applicant has pending application for Permit-to-Operate.
• Permit-to-Operate is valid for one (1) year from the date of issuance unless
sooner suspended or revoked and must be renewed thirty (30) days before the
expiration date and upon payment or the required fees and compliance with
requirements.
• In case of sale or legal transfer of a facility covered by a permit, the permittee
shall notify the DENR-EMB within thirty (30) days from the date of sale or
transfer
• The owner or the Pollution Control Officer shall keep a record of the operation of
the sources and shall furnish a copy to the DENR-EMB in a quarterly basis.
• Right of Entry, Inspection and Testing by the authorized representative of DENR-
EMB.

© ECOPOLIS 2009 ® PAGE 48


RA 8749 Clean Air Act of 1999 -- Fines & Penalties

• A fine of < P 100,000.00 for everyday of violation of


standards until such time that standards have been
complied with
• For violations of all other provisions a fine of not less
than P 10,000 but nor more than P100,000 or six (6)
months to six (6) years or both. If the offender is a
juridical person, the president, manager, directors,
trustees, the pollution control officer of the officials
directly in charge of the operations suffer the
penalty.

© ECOPOLIS 2009 ® PAGE 49


Ambient Air Quality Guidelines
National Ambient Air Quality Guideline for Criteria Pollutants
Short Term a Long Term b

Pollutants µg/m3 ppm Averaging µg/m3 ppm Averaging


Time Time

Suspended Particulate
Matter c-
230 d 24 hours 90 1 year e
TSP
150 f 24 hours 60 1 year e
PM-10

Sulfur Dioxide c 180 0.07 24 hours 80 0.03 1 year


Nitrogen Dioxide 150
Photochemical Oxidants 140 0.07 1 hour
as Ozone 60 0.03 8 hour
35 mg/Ncm 30 1 hour
Carbon Monoxide
10mg/Ncm 9 8 hours
Lead g 1.5 3 months g 1.0 1 year
Notes
a Maximum limits represented by ninety-eight percentile (98%) values not to exceed more than once a year.
b Arithmetic mean
c SO and Suspended Particulate matter are samples once every six days when using the manual methods. A minimum of
2
twelve sampling days per quarter or forty-eight sampling days each year is required for these methods. Daily sampling may be
done in the future once continuous analyzer are procured and becomes available.
d Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 µm.
e Annual Geometric Mean.
f Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient

monitoring data are gathered to base a proper guideline.


g Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The

monitored average value for any three months shall not exceed the guideline value.

© ECOPOLIS 2009 ® PAGE 50


Other Laws on Air Quality and Air
Pollution
• Republic Act 3931 of 1964
– created National Air and Water Pollution Control Commission;
imposed Penalties for violators; no jurisdiction over water works
• Executive Order 102, 1987 – creating Pollution Adjudication Board, DENR,
EMB
• DAO 14, 2. 1993; DAO 34 & 35, s. 1992
– Environmental ambient standards for air and water quality
– Emission standards for stationary sources (e.g. factories, power plants)
and mobile sources (e.g. vehicles) of air pollution
– Standards for noise-producing equipment
– Environmental partnership with industry towards self-regulation,
waste minimization, pollution prevention and clean production
– Public information and participation
• DAO 2000-82 Integrated Air Quality Improvement Framework-Air
Quality Control Action Plan

© ECOPOLIS 2009 ® PAGE 51


Other Laws on Air Quality and Air
Pollution
• DAO 93-14a Dec 09, 1993 Amendment To Administrative Order No. 14
Series Of 1993 And Clarifying Its Coverage And Scope
• MC 97-10 June 06, 1997 Classification On Section 60(b) Of DENR
Administrative Order No. 14, Series Of 1993 (Dao 14, S93).
• EO 97-446 Sep 26, 1997 Mandating The Phase-out Of Leaded Gasoline As
One Of The Means Of Solving Air Pollution.
• DAO 98-46 June 29, 1998 Revised Rules And Regulations For The
Prevention, Control And Abatement Of Air Pollution From Motor Vehicles
• DAO 98-47 June 29, 1998 Implementing Rules And Regulations (IRR) For
Mandating The Phase-out Of Leaded Gasoline As One Of The Means Of
Solving Air Pollution
• DMC 2005-10 July 15, 2005 Criteria In The Selection And Implementation
Of Qualified Or Eligible Projects And Activities To Be Supported By The Air
Quality Management Fund

© ECOPOLIS 2009 ® PAGE 52


Water
Quality
Laws on Water Quality and Water Pollution
• PD 600 and PD 979
– Marine pollution policies by National Pollution
Control Commission
– Enforcement by Philippine Coast Guard
• PD 1067 Water Code (old)
– governs the ownership, appropriation,
utilization, exploitation, development,
conservation and protection of water resources
– identified rights and obligations of water users
and the administrative agencies that enforce
laws on water use and availment
• RA 9275 – Clean Water Act of 2004

© ECOPOLIS 2009 ® PAGE 54


RA 9275 Clean Water Act of 2004
• General Application - Water Quality Management in
all water bodies
• Primary Application - abatement & control of
pollution from land based sources
• Enforcement of Water Quality standards, regulations
and penalties – irrespective of source of pollution
• DENR Administrative Order No. 2005-10 is the
Implementing Rules and Regulation of this Act

© ECOPOLIS 2009 ® PAGE 55


RA 9275 Clean Water Act of 2004 --
Discharge Permit
• The legal authorization to discharge wastewater.
• For industries without any discharge permit is given a period
of twelve (12) months after the effectivity of the IRR, DAO
2005-10 dated May 16, 2005, to secure a discharge permit.
• Pollution sources currently discharging to existing sewerage
system with operational wastewater treatment facilities shall
be exempt from the permit requirement.
• The discharge permit is valid for a maximum period of five (5)
years from the date of its issuance and must be renewed 30
days before expiration.
• The self-monitoring report shall be submitted to the Regional
Offices within fifteen (15) calendar days after the end of each
quarter.

© ECOPOLIS 2009 ® PAGE 56


RA 9275 Clean Water Act of 2004 -- Fines,
Damages and Penalties

• A fine of not less than P10,000 not more than


P200,000 for every day of violation
• Gross Violation has a fine of not less than P
500,000 but not more than P3M per day or
imprisonment of not less than six (6) years but
not more than ten (10) years or both.

© ECOPOLIS 2009 ® PAGE 57


Solid
Waste
RA 9003 – Ecological Solid Waste
Management Act of 2001
• adopts the program of national integrated solid waste management which
covers generation, segregation, collection, re-use, recycling, composting,
transport and disposal of waste
• Formulates a national solid waste management framework which
emphasized waste reduction goals, waste minimization techniques, and
public participation in plan preparation
• institutes measures to promote a more acceptable system which
corresponds to the vision of sustainable development. Generally, it aims to
merge environmental protection with economic pursuits, recognizing the
re-orientation of the community’s view on solid waste, thereby providing
schemes for waste minimization, volume reduction, resource recovery
utilization and disposal.
• Offers incentives for innovations to improve solid waste management
practices
• DENR Administrative Order No-2001-34 issued on December 21, 2001 is
the Implementing Rules and Regulations for R.A. 9003.

© ECOPOLIS 2009 ® PAGE 59


RA 9003– Solid Waste Management Hierarchy

• Source reduction
& minimization
of wastes

• Resource recovery,
recycling & reuse
at the community/
barangay level

• Collection, proper
transfer &
transport of wastes
by
city/municipality

• Management/
destruction or reuse of
residuals / final
disposal

© ECOPOLIS 2009 ® PAGE 60


RA 9003- Institutional Mechanism
(National Level)
National Solid Waste Management Commission
• DENR (Chairman) PIA
• DILG MMDA
• DOST League of Provinces
• DPWH League of Cities
• DOH League of Municipalities
• DTI Liga ng mga Barangay
• DA 3 representatives from priv
• TESDA EMB as secretariat

© ECOPOLIS 2009 ® PAGE 61


RA 9003- Mandatory Segregation of Waste
at Source
• Segregation shall be primarily conducted at source to include:
– Household
– Institutions / offices
– Industrial facility / firms
– Farms / Agricultural area
– Commercial/business establishment / stores
• Mandatory Solid Waste Diversion
– Reduction of 25% of waste volume by barangays and LGUs
– LGUs to divert 25% of solid waste from waste disposal facilities through
resource recovery activities within 5 years
– baseline to be derived from waste characterization results
– goal to be increased every 3 years
• Mandated site-action plans

© ECOPOLIS 2009 ® PAGE 62


RA 9003 -- Management of Residuals &
Final Disposal Sites
• Closure of all open dumpsites
• Conversion of all open dumpsites to controlled
dumps within 3 years to operate only within
five (5) years.
• Minimum requirements in siting, designing
and operation of disposal sites
• Sec. 48 (3) Open burning is not allowed

© ECOPOLIS 2009 ® PAGE 63


RA 9003 -- Fines and Penalties
• Depending on the Prohibited Acts that is committed penalty
ranges from P300.00 to P1,000,000.00 and/or imprisonment
of 1 day to 6 years.
• If the offense is committed by a corporation, partnership, or
other juridical entity the chief executive officer, president,
general manager, managing partner or such other officer-in-
charge shall be liable for the commission of the offense
penalized under this Act.

© ECOPOLIS 2009 ® PAGE 64


RA 9003 – Role of Business and Industry

• To initiate, participate and invest in integrated


ecological solid waste management projects
• To manufacture environmental-friendly products,
to introduce, develop and adopt innovative
processes that shall recycle and re-use materials,
conserve raw materials and energy, reduce waste
and prevent pollution
• To undertake community activities to promote
and propagate effective solid waste management
practices

© ECOPOLIS 2009 ® PAGE 65


Municipal Solid Waste Sanitary Landfill Site Selection
Criteria (As per DENR DAO 98-50)
1. Area capacity and availability @ 2.6 ha/100,000 pop’n, 0.7 t/m density
and 10 m depth (for at least 5 years)
2. Haul distance and time – not over 15-20 km or 30 min. travel from waste
generation centers
3. Proximity to sensitive groundwater resources – avoid up gradient of
shallow unconfined aquifers for drinking water supply
4. Proximity to perennial surface waters – should not be less than 300 m up
gradient from any surface water used for drinking
5. Occurrence of flooding – avoid flood prone area
6. Proximity to sensitive land uses – not within 250 m of residential,
commercial and urban developments; 1 km of memorial site, church,
school, historical site
7. Local ecological conditions – not within 500 m of any proclaimed
ecologically sensitive areas proclaimed by law
8. Current and future land use – not in areas with valuable mineral and
energy resources, tourist destinations or across major transportation
routes
9. Seismic conditions – avoid areas with 50 – 100 year return period of
magnitude 6 earthquake
10. Geologic condition – not within 500 m of active fault line
11. Soil/Land Conditions – not on soft and settling soils with potential for
liquefaction, slumping or erosion
12. Topography – not on slopes greater than 20%
13. Proximity to airports – ATO permission required if site is within 13 km of
the nearest airport

© ECOPOLIS 2009 ® PAGE 66


Toxic and
Hazardous
Wastes
(THW)
RA 6969 Toxic Substances and Hazardous
and Nuclear Waste Control Act of 1990–
Policies on THW

• Regulates, restricts, prohibits the importation, manufacture,


processing, sale, distribution, use and disposal of chemical
substances and mixtures that present unreasonable risk
and/or injury to public health or the environment
• Prohibits the entry, even in transit, of hazardous and nuclear
waste and their disposal into Philippine territorial limits
• Advances and facilitates research on toxic chemicals and
hazardous wastes
• Makes the waste generators responsible for management and
disposal of hazardous wastes and financially responsible for
the cost of proper storage, treatment, and disposal of
hazardous wastes they generate.

© ECOPOLIS 2009 ® PAGE 68


RA 6969 Toxic Substances and
Hazardous and Nuclear Waste Control
Act of 1990 (THW)
 Chemical management (Title II) –”virgin
materials”
- Philippine Inventory of Chemical and Chemical
Substances (PICCS)
- Pre-Manufacture, Pre-Importation Notification
scheme (PMPIN)
- Priority Chemical List (PCL) –DAO 98-29
- Chemical Control Orders ( CCOs)
- Participation in international treaties,
agreements, etc.

© ECOPOLIS 2009 ® PAGE 69


RA 6969 -- Provisions of Title II
(Toxic Chemical Substances)
• Compile, maintain and update and inventory of chemical substances that
are stored, imported, exported, used, processed, manufacture ,
transported in the country. The inventory is known as the Philippine
inventory of chemicals and chemical substances (PICCS).
• Require manufacturers and importers to submit pertinent data and
information on the existing chemical substances that they manufacture or
import.
• Establish the Philippine Priority Chemicals list (PCL).
• Require screening of new chemical substances by seeking all available
information to asses the risk posed by new chemical substances to public
health and to the environment (PMPIN).
• Regulate, limit, gradually phase-out, and ban chemical substances that are
determined to pose unreasonable risk to public health and environment
through the issuance of CCOs.

© ECOPOLIS 2009 ® PAGE 70


RA 6969 -- Provisions of Title II
(Toxic Chemical Substances)

 Chemicals management
 Philippine Inventory of Chemical and
Chemical Substances (PICCS)
 Pre-manufacture, Pre-Importation
Notification scheme (PMPIN)
 Priority Chemical List (PCL) - DAO
98-29
 Chemical Control Orders (CCOs)
 Participation in international treaties, agreements, etc.
.

© ECOPOLIS 2009 ® PAGE 71


RA 6969 - Priority Chemical List
(PCL)

• PCL includes selected chemicals for the PICCS and


new chemical substances notification that pose
unreasonable risk to health and environment.
• Specific criteria for inclusion of chemical substances
into PCL and reporting requirements for chemical
substances in the PCL shall be established and
published by DENR.

© ECOPOLIS 2009 ® PAGE 72


RA 6969 -- Chemical Control
Orders (CCO)
• CCOs are DENR orders that:
• Prohibit
• Limit
• Regulate
• DENR determines the use, manufacture, import, export, transport, process,
storage, possession, sale of those priority chemicals that pose hazard to
public health and environment.
• DENR establishes and publishes the specific criteria and reporting
requirements for CCOs
 DAO 97-38: CCO for Mercury and its compounds
ban, regulated and /or limited use
 DAO 97-39: CCO for Cyanide and its compounds
 ban, regulated and/or limited use
 DAO 2000-02: CCO for asbestos
 ban, regulated/selected/limited use
 DAO 2000-18: CCO for Ozone Depleting
Substances (ODSs)
 ban and/or phase out
 DAO 2004-01: for Polychlorinated Biphenyls (PCBs)
 ban and/or phase out
© ECOPOLIS 2009 ® PAGE 73
RA 6969 -- Schedule of Fees (Title II)

• PMPIN (abbreviated form): P2,150.00/chemical


• PMPIN (detailed form): P3,750.00/chemical
• Registration for chemicals under CCO: P2,250.00/chemical
• Renewal of registration for chemicals under CCO: P1,450.00/chemical
• Importation clearance for chemicals under CCO: P 700.00/chemical
• Certification of chemicals in the PICCS: P 450.00/chemical
• Certification for PCL biennial report: P 500.00/chemical
• Letter of intent for small quantity importation: P 500.00/chemical
• Interim importation clearance for other chemicals: P 500.00/chemical

© ECOPOLIS 2009 ® PAGE 74


RA 6969 Toxic Substances and
Hazardous & Nuclear Waste Control
Act of 1990
 Hazardous waste management (Title III) –
“waste materials”
- Registration and accreditation of hazardous
waste transporters and treaters
- Permit for and report any transport of waste
from point of generation to final storage, export,
treatment and disposal
- Standards for on-site storage, transport,
treatment and disposal of HW
- Participation on Basel Convention on
export/import of HW

© ECOPOLIS 2009 ® PAGE 75


RA 6969 -- Schedule of Fees (Title III)
• Registration of hazardous waste generators: PhP 600.00
• Annual Registration of Transporters: PhP 500.00/vehicle
• Issuance of Manifest Form: P100.00/manifest and P
500.00/hazardous
• Application fee for Notification of the Export of Hazardous
Wastes: P 500.00/notification
• Registration Fee: P 15,000.00/facility
• TSD Facility Permit: P 5,000.00/facility
• Issuance of an Export or Importation Clearance:
P2,000/clearance
• Registration of Importer of HW: P 5,000.00

© ECOPOLIS 2009 ® PAGE 76


RA 6969 -- Penalties
• Administrative violations of Section 41 of IRR,
and fees
10,000 to P50,000
• Criminal offenses of Section 42 (1) of IRR, and
penalties
P600 to P4,000, and
6 month to 6 years imprisonment
• Criminal offenses of Section 13 (d) of RA 6969
Act, and penalties
12 to 20 years imprisonment (persons)
12 to 20 years imprisonment and at least
P500,000 (corporate)

© ECOPOLIS 2009 ® PAGE 77


Forestry
Status of Forest Cover, 2003

Forest Cover 2003 Statistics


Total Forest 7.16M ha (23.89%)
Closed canopy 2.47M ha
Open canopy 4.28M has
Plantation 297,160 ha

© ECOPOLIS 2009 ® PAGE 79


Laws on Forestry
• PD 705 – Revised Forestry Code of 1977
– regulates access to and use of forest lands
– Multiple use of forest lands for national development and public
welfare
– Land classification and survey to delineate forest lands
– Encourage wood processing plants
– Emphasis on protection, development and rehabilitation of forest
lands
• Batas Pambansa 701 – Amendments to Forestry Code
• PD 1559
• PD 1775 – Amendments to Forestry Code
• RA 3571 -- Prohibition Against Cutting of Trees in Public
Roads, Plazas, etc
• RA 9175 -- Chain Saw Act of 2002
• EO 277
• Proclamation 926 - Subic Watershed Forest Reserve Law by
Pres. Corazon Cojuangco Aquino

© ECOPOLIS 2009 ® PAGE 80


Laws on Fisheries
• PD 704 – Fisheries Code (old)
• PD 979 -- Marine Pollution Decree of 1976
• PD 1977 – Philippine Fish Marketing Authority
• PD 1015 – amends PD 704 provisions on commercial boat
license and trawl fishing
• PD 1219 & 1698 – exploration, utilization and conservation of
coral resources
• PD 1198 amending PD 1698 – permit to gather coral for
scientific and educational purpose
• RA 8550 – New Fisheries Code of the Philippines of 1999

© ECOPOLIS 2009 ® PAGE 81


Classification of Coastal and Marine
Waters

© ECOPOLIS 2009 ® PAGE 82


Mineral Resources
Laws on Mineral Resources
• PD 1198 – rehabilitation of areas affected by resource users
(loggers, miners) and constructors of infrastructures
• PD 1899 -- Small-scale Mining -- Recognizes the efforts of
miners digging small mineral deposits that are being or could
be worked profitably at small tonnages requiring minimal
capital investments utilizing manual labor
• RA 7076 -- People’s Small-Scale Mining Act of 1991
• RA 7942 -- Philippine Mining Act of 1995
• RA 7942 -- Implementing Rules and Regulations (DAO 29, s.
1996)

© ECOPOLIS 2009 ® PAGE 84


RA 7942 Philippine Mining Act of
1995
• Mineral resources exploration, development,
utilization and conservation shall be governed
by the principle of sustainable mining, which
provides that the use of mineral wealth shall
be pro-environment and pro-people in
sustaining wealth creation and improve
quality of life

© ECOPOLIS 2009 ® PAGE 85


RA 7942 Philippine Mining Act of 1995
• Environmental Work Program for Exploration activities
– Environmental impact control and rehabilitation activities
– Costs and sufficient financial resources to meet the environmental and
rehabilitation commitment
– Post exploration land use potential
– Copy to LGU, semi-annual compliance reporting
• Environmental Protection and Enhancement Program (EPEP) life-of-mine
program on environmental management
– Annual EPEP – yearly environmental management activities
– For new applicants; an operational link to ECC issued
– For existing MPSA or FTAA Contractors with ECCs
– Commitments and costs; post mining land use
– Environmental costs- 10% of total capital costs
• Final Mine Rehabilitation and Decommissioning Plan (FMR/DP) – end-of-
mine environmental (and social) program covering a period of, more or
less, 10 years from the end of mining operation

© ECOPOLIS 2009 ® PAGE 86


RA 7942 Philippine Mining Act of 1995;
DAO 96-40
• Contingent Liability and Rehabilitation Fund (CLRF) in mining
projects
– To ensure just and timely compensation for damages and progressive
and sustainable rehabilitation for any adverse effect caused by a
mining operation
– In the form of Mining Rehabilitation Fund and the Mine Waste and
Tailing Fees
• Mine Rehabilitation Fund (MRF)
– Established and maintained by each operating Contractor/Permit
holder as a reasonable environmental deposit
– For commitments and performance of activities stipulated in
EPEP/AEPEP

© ECOPOLIS 2009 ® PAGE 87


RA 7942 Philippine Mining Act of 1995;
DAO 96-40
• Mine Waste and Tailings Fees Reserve Fund (MWTRF)
– P0.05/MT of mine waste produced
– P0.10/MT of mill tailings generated
– Unless utilized in some other ways, such as filing materials……..
• Rehabilitation Cash Fund (RCF)
– 10% of the total amount needed to implement the EPEP or PhP5M whichever
is lower
• Monitoring Trust Fund (MTF)
– maintained at PhP50,000/month
– Up to post de-commissioning period of 10 years
• Environmental Trust Fund (ETF)
– No fixed amount but will have a minimum of PhP50,000

© ECOPOLIS 2009 ® PAGE 88


Power Supply and
Clean Energy

Tubatuba (jatropha
curcas)
Laws on Energy
• Commonwealth Act 120- National Power Corporation to
develop hydroelectric facilities
• PD 334- Philippine National Oil Company
• PD 1442- exploration and development of geothermal
resources
• BP 33- Energy Conservation
• RA 387- Petroleum Act
• RA 5207- Atomic/Nuclear energy
• RA 7638 - Created the Department of Energy and stipulated a
policy of rationalizing government agencies
• RA 9367 – Biofuels Act of 2006
• RA 9513 – Renewable Energy Act of 2008

© ECOPOLIS 2009 ® PAGE 90


Executive Order 111, S. 1999
• Establishing the Guidelines for Ecotourism
Development in the Philippines
• Issued on 17 June 1999
• Mandates:
– Creation of Ecotourism Committees

– Formulation of a National Ecotourism Strategy through multi-


stakeholder consultation
– Development of a National Ecotourism Program
– Allocation of funds from the respective budgets of DOT and DENR to
implement the National Ecotourism Strategy and Program.
– Establishment of an Ecotourism Fund

© ECOPOLIS 2009 ® PAGE 91


Source: PAWB Ecotourism Committees
National Ecotourism Development Council
Composition: Secretaries of DOT, DENR, DILG, DTI, DOF, DepEd, NEDA
and representatives from NGOs and Private Sector

National Ecotourism Steering Committee


Composition: Undersecretaries of DOT and DENR, Directors of DOT-
OTDP, DOT-OPRD, DOT-OTS, PAWB, DILG and representatives from
NGOs and Private Sector

Ecotourism Technical Working Group

Regional Ecotourism Committee


Composition: Regional Directors of DOT and DENR, DENR RTD-
PAWCZMS, NEDA-PCSD and representatives from NGOs, Private Sector
and concerned LGU

Note: Chairmanship of Ecotourism Committees is three years, rotated between the DOT and the DENR
© ECOPOLIS 2009 ® PAGE 92
National Ecotourism Strategy
• Selection of Key Ecotourism Sites
• Product Development
• Marketing and Promotions
• Education and Advocacy
• Establishment of Ecotourism Fund
• Provision of Support Programs
• Monitoring and Evaluation

© ECOPOLIS 2009 ® PAGE 93


Tourism Act of 2009 (RA 9593)
• 10 November 2009

• An act declaring a national policy for tourism as an engine of investment,


employment, growth and national development, and strengthening the
Department of Tourism and its Attached Agencies to effectively and
efficiently implement that policy, and appropriating funds therefor

• declares tourism as an indispensable element of the national economy


and an industry of national interest and importance, which must be
harnessed as an engine of socio-economic growth and cultural affirmation
to generate investment, foreign exchange and employment and to
continue to mold an enhanced sense of national pride for all Filipinos.

© ECOPOLIS 2009 ® PAGE 94


Tourism Act of 2009 (RA 9593)
• challenge for local governments and communities as
planning, management, and regulation of the
country’s tourism assets used as attractions remain
with the
communities
• promotes a tourism industry that is ecologically
sustainable, responsible, participative, culturally
sensitive, economically viable and ethically and
socially equitable for local communities

© ECOPOLIS 2009 ® PAGE 95


Tourism Act of 2009 (RA 9593)
Sec. 12- Office of Tourism Development Planning, Research
and Information Mgt
 Formulate policies and programs for global competitiveness and
national tourism development, approve local government tourism
development plans.

 Formulate, in coordination with the Tourism Infrastructure and


Enterprise Zone Authority (TIEZA), other government agencies and
LGUs exercising political jurisdictions over the area, development plans
for the tourism enterprise zones and integrating such plans with other
sector plans for the area.

 Provide technical assistance to the LGUs and the TIEZA in the


preparation of local tourism development plans to ensure adherence to
national policies and programs.

© ECOPOLIS 2009 ® PAGE 96


Tourism Act of 2009 (RA 9593)
Sec. 32- Rationalization of Tourism Areas, Zones, Spots

 Any other area specifically defined as a tourism area, zone or


spot under any special or general law, decree or presidential
issuance shall, as far as practicable, be organized into a TEZ
under the provisions of this Act. With respect to tourism
zones, areas or spots not organized into TEZs, the
Department, through appropriate arrangements, may transfer
control over the same or portions thereof, to another agency
or office of the government, or to a LGU.
 This shall only be affected upon the submission by the latter,
within a reasonable time, of comprehensive development
plans for the use preservation and promotion of these
zones, areas or spots and upon the approval of DOT

© ECOPOLIS 2009 ® PAGE 97


Tourism Act of 2009 (RA 9593)
Sec. 32- Rationalization of Tourism Areas, Zones, Spots

• Such transfer shall not have the effects of diminishing the


jurisdiction of the DOT over these zones, areas or spots.

• The Department shall exercise supervisory powers over such


agency, office or LGU in accordance with the terms of the
transfers or the development plan of the zone, area or spot.
Where a government agency or office or a LGU fails to
implement the comprehensive plan approved by the
Department, the Department may rescind the arrangement
transferring control over the tourism zone, area or spot and
regain such control thereof.

© ECOPOLIS 2009 ® PAGE 98


Tourism Act of 2009 (RA 9593)
Sec. 35- Coordination between National and Local Govts

 In view of the urgent need to develop a national strategy for tourism


development, DOT, DILG and LGUs shall integrate and coordinate
local and national plans for tourism development.
 The DOT may provide financial and technical assistance, training and
other capacity-building measures to LGUs for the preparation,
implementation and monitoring of their tourism development plans,
gathering of statistical data, and enforcement of tourism laws and
regulations
 LGUs shall ensure the implementation of the national tourism
development plan.
 DOT, the TPB and the TIEZA shall prioritize promotion and
development assistance for LGUs which successfully adopt and
implement their tourism development plans.

© ECOPOLIS 2009 ® PAGE 99


Tourism Act of 2009 (RA 9593)
Sec. 37- Local Tourism Development Planning

LGUs, in consultation with stakeholders, are encouraged to


utilize their powers under Republic Act No. 7160, otherwise
known as the Local Government Code of 1991, to ensure the
preparation and implementation of a tourism development
plan, the enforcement of standards and the collection of
statistical data for tourism purposes. They shall, insofar as
practicable, prepare local tourism development plans that
integrate zoning, land use, infrastructure development, the
national system of standards for tourism enterprises, heritage
and environmental protection imperative in a manner that
encourages sustainable tourism development.

© ECOPOLIS 2009 ® PAGE 100


Tourism Act of 2009 (RA 9593)
• Sec. 59. TOURISM ENTERPRISE ZONES - Any geographic area with the
following characteristics:
a. Contiguous territory;
b. Intrinsic merits
c. Access;
d. Sufficiency in size ; and
e. Development catalyst.
TEZ OPERATOR. - An entity duly incorporated under the Corporation Code
and other relevant laws, unless the TEZ operator is a LGU.

TEZ ADMINISTRATOR, - appointed by the Operator to be responsible for


implementing the policies, plans and projects of the TEZ operator's Board
of Directors.

© ECOPOLIS 2009 ® PAGE 101


The Tourism Act of 2009 (RA 9593)
• Sec. 64. Tourism Infrastructure and Enterprise Zone Authority (TIEZA)
Mandates:
– Designate, regulate and supervise the Tourism Enterprise Zone (TEZ);
- Develop, manage, and supervise tourism infrastructure projects ;
- Supervise and regulate the cultural, economic and environmentally
sustainable development of TEZs to encourage investments therein;
- Ensure strict compliance with the approved development plan; and
- Impose penalties
- TIEZA
a) The Department Secretary, as Chairperson;
b) The TIEZA Chief Operating Officer, as Vice-Chairperson;
c) The TPB Chief Operating Officer;
d) The DPWH Secretary;
e) The DENR Secretary;
f) The DILG Secretary; and
g) Five (5) representative directors, to be appointed by the President, upon
recommendation by the Tourism Congress for a term of office of three (3) years.

© ECOPOLIS 2009 ® PAGE 102


The Tourism Act of 2009 (RA 9593)
Sections 25 & 45

• The Philippine Convention and Visitors Corporation is


reorganized and renamed as The Tourism Promotions Board
(TPB) a body corporate attached to the Department of
Tourism under the supervision of the Secretary.

1. Serve as a single agency for foreign and domestic marketing and


tourism investment promotions;
2. Have an adequate funding to compete globally;
3. Institutionalize government – private sector partnership

© ECOPOLIS 2009 ® PAGE 103


Climate Change Act of 2009 [RA9729]
• Issued September 2009
• An act mainstreaming climate change into
government policy formulations, establishing
the framework strategy and program on
climate change, creating for this purpose the
Climate Change Commission, and for other
purposes

© ECOPOLIS 2009 ® PAGE 104


Climate Change Act of 2009 [RA9729]
• State policies-

– adopts the principle of protecting the climate system for the benefit of
humankind, on the basis of climate justice or common but
differentiated responsibilities and the Precautionary Principle to
guide decision-making in climate risk management.
– UNFCCC objective to stabilize GhG concentrations in the atmosphere
at a level that would prevent dangerous anthropogenic interference
with the climate system which should be achieved within a time frame
sufficient to allow ecosystems to adapt naturally to climate change, to
ensure that food production is not threatened and to enable economic
development to proceed in a sustainable manner
– Hyogo Framework for Action to , build national and local resilience to
climate change-related disasters.

© ECOPOLIS 2009 ® PAGE 105


Climate Change Act of 2009 [RA9729]
• State policies-
– enjoin multistakeholder participation
– incorporate a gender-sensitive, pro-children and pro-poor perspective
in all climate change and renewable energy efforts, plans and
programs
– strengthen, integrate,consolidate and institutionalize government
initiatives to achieve coordination in the implementation of plans and
programs to address climate change in the context of sustainable
development
– integrate disaster risk reduction into climate change programs and
initiatives
– Integrate the concept of climate change in various phases of policy
formulation, development plans, poverty reduction strategies and
other development tools and techniques by all agencies and
instrumentalities of the government.

© ECOPOLIS 2009 ® PAGE 106


Climate Change Act of 2009 [RA9729]
• Institutional Arrangements
– Sec. 4 Creation of Climate Change Commission (CCC)
• independent and autonomous body with same status as NGA
attached to the Office of the President.
• sole policy-making body of the government which shall be tasked
to coordinate, monitor and evaluate the programs and action
plans of the government relating to climate change pursuant to
the provisions of this Act.
• Chair: Philippine President + 3 Commissioners, one of which serves
as Vice-Chair and Executive Director or CC Office
• Advisory Board- 26 members (NGAs,LGUs, CSOs)
• Panel of Technical Experts

© ECOPOLIS 2009 ® PAGE 107


Climate Change Act of 2009 [RA9729]
• Sec. 9 Powers and Functions of CCC
– Ensure mainstreaming of climate change, in synergy with disaster risk
reduction, into the national, sectoral and local development plans and
programs
– Formulate a Framework Strategy on Climate Change to serve as the
basis for a program for climate change planning, research and
development, extension, and monitoring of activities on climate
change;
– Coordinate and establish a close partnership with the NDCC in order to
increase efficiency and effectiveness in reducing the people’s
vulnerability to climate-related disasters
– Coordinate with local government units (LGUs) and private entities to
address vulnerability to climate change impacts of regions, provinces,
cities and municipalities
– Facilitate capacity building for local adaptation planning,
implementation and monitoring of climate change initiatives in
vulnerable communities and areas

© ECOPOLIS 2009 ® PAGE 108


Climate Change Act of 2009 [RA9729]
• SEC . 11. Framework Strategy and Program on
Climate Change.
– Serves as the basis for a program for climate change
planning, research and development, extension, and
monitoring of activities
– formulated based on climate change vulnerabilities,
specific adaptation needs, and mitigation potential, and in
accordance with the international agreements.
– review every three (3) years, or as may be deemed
necessary.

© ECOPOLIS 2009 ® PAGE 109


Climate Change Act of 2009 [RA9729]
• SEC . 13. National Climate Change Action Plan
(a) Assessment of the national impact of climate change;
(b) The identification of the most vulnerable
communities/areas, including ecosystems to the impacts
of climate change, variability and extremes;
(c) The identification of differential impacts of climate change
on men, women and children;
(d) The assessment and management of risk and
vulnerability;
(e) The identification of GHG mitigation potentials; and
(f) The identification of options, prioritization of appropriate
adaptation measures for joint projects of national and
local governments

© ECOPOLIS 2009 ® PAGE 110


Climate Change Act of 2009 [RA9729]
SEC . 14. Local Climate Change Action Plan.
– LGUs as frontline agencies in the formulation, planning and
implementation of climate change action plans in their respective
areas, consistent with LGC, the Framework, and the National Climate
Change Action Plan.

SEC. 18. Funding Allocation for Climate Change. –


All relevant government agencies and LGUs
– Allocate from annual appropriations adequate funds for the
formulation, development and implementation, including training,
capacity building , IEC and direct intervention, of their respective
climate change programs and plans.
– In subsequent budget proposals, the concerned offices and units shall
appropriate funds for program/project development and
implementation including continuing training and education in climate
change.

© ECOPOLIS 2009 ® PAGE 111


Disaster Risk Reduction and
Management (DRRM) Act of 2010
Final Reconciled Version

• An Act strengthening the Philippine DRRM system, providing


for the DRRM Framework and Institutionalizing the National
DRRM Plan, appropriating funds therefor and for other
purposes

• Status as of March 26, 2010: Being routed in the House of


Representatives for signing by SecGen and Speaker. From
there, it will be forwarded to Senate which in turn will
forward it to the President for signing.

© ECOPOLIS 2009 ® PAGE 112


Disaster Risk Reduction and
Management (DRRM) Act of 2010
Final Reconciled Version
• State Policies
– Uphold constitutional right to life an property by
addressing root causes of vulnerabilities to disasters,
strengthening institutional capacity and building
community resilience to disasters including climate
change impacts
– Adopt a DRRM approach that is holistic, comprehensive,
integrated, and proactive in lessening the socio-
economic and environmental impacts of disasters
including climate change, and promotes multi-
stakeholder participation at all levels, especially the
local community;

© ECOPOLIS 2009 ® PAGE 113


Disaster Risk Reduction and
Management (DRRM) Act of 2010
Final Reconciled Version
• State Policies
– Develop, promote, and implement a comprehensive National DRRM
Plan (that aims to strengthen the capacity of NGAs and LGUs,
together with partner stakeholders, to build the disaster resilience
of communities, and to institutionalize arrangements and measures
for reducing disaster risks, including projected climate risks, and
enhancing disaster preparedness and response capabilities at all
levels;
– Adopt and implement a coherent, comprehensive, integrated,
efficient and responsive DRRM Program incorporated in the
development plan at various levels of government adhering to the
principles of good governance such as transparency and
accountability within the context of poverty alleviation and
environmental protection;

© ECOPOLIS 2009 ® PAGE 114


Disaster Risk Reduction and
Management (DRRM) Act of 2010
Final Reconciled Version
• State Policies
– Mainstream disaster risk reduction and climate change
in development processes such as policy formulation,
socio-economic development planning, budgeting, and
governance, particularly in the areas of environment,
agriculture, water, energy, health, education, poverty
reduction, land-use and urban planning, and public
infrastructure and housing, among others;
– Institutionalize the policies, structures, coordination
mechanisms and programs with continuing budget
appropriation on disaster risk reduction from national
down to local levels towards building a disaster-resilient
nation and communities

© ECOPOLIS 2009 ® PAGE 115


Disaster Risk Reduction and
Management (DRRM) Act of 2010
Final Reconciled Version
• State Policies
– Mainstream disaster risk reduction into the
peace process and conflict resolution
approaches in order to minimize loss of lives and
damage to property, and ensure that
communities in conflict zones can immediately
go back to their normal lives during periods of
intermittent conflicts;

© ECOPOLIS 2009 ® PAGE 116


Disaster Risk Reduction and
Management (DRRM) Act of 2010
Final Reconciled Version
• Definition of terms
– Disaster-a serious disruption of the functioning of a
community or a society involving widespread human,
material, economic or environmental losses and impacts,
which exceeds the ability of the affected community or
society to cope using its own resources. Disasters are often
described as a result of the combination of: the exposure to
a hazard; the conditions of vulnerability that are present;
and insufficient capacity or measures to reduce or cope
with the potential negative consequences. Disaster impacts
may include loss of life, injury, disease and other negative
effects on human, physical, mental and social well-being,
together with damage to property, destruction of assets,
loss of services, social and economic disruption and
environmental degradation.
© ECOPOLIS 2009 ® PAGE 117
Disaster Risk Reduction and
Management (DRRM) Act of 2010
Final Reconciled Version
• Definition of terms
– Disaster Risk Reduction and Management - the systematic
process of using administrative directives, organizations, and
operational skills and capacities to implement strategies,
policies and improved coping capacities in order to lessen
the adverse impacts of hazards and the possibility of
disaster. Prospective DRRM refers to risk reduction and
management activities that address and seek to avoid the
development of new or increased disaster risks, especially if
risk reduction policies are not put in place.

© ECOPOLIS 2009 ® PAGE 118


Disaster Risk Reduction and
Management (DRRM) Act of 2010
Final Reconciled Version
• Definition of terms
– “National Disaster Risk Reduction and Management Framework” or
“NDRRMF” - provides for comprehensive, all-hazards, multi-sectoral,
inter-agency and community-based approach to disaster risk reduction
and management.
– “National Disaster Risk Reduction and Management Plan” or
“NDRRMP” – the document to be formulated and implemented by the
OCD that sets out goals and specific objectives for reducing disaster risks
together with related actions to accomplish these objectives.
• The NDRRMP shall provide for the identification of hazards, vulnerabilities
and risks to be managed at the national level; disaster risk reduction and
management approaches and strategies to be applied in managing said
hazards and risks; agency roles, responsibilities and line of authority at all
government levels; and vertical and horizontal coordination of disaster risk
reduction and management in the pre-disaster and post-disaster phases. It
shall be in conformity with the NDRRMF.

© ECOPOLIS 2009 ® PAGE 119


Disaster Risk Reduction and
Management (DRRM) Act of 2010
Final Reconciled Version
• Definition of terms
– Climate change- a change in climate that can be
identified by changes in the mean and/or variability
of its properties and that persists for an extended
period typically decades or longer, whether due to
natural variability or as a result of human activity.
– Adaptation-the adjustment in natural or human
systems in response to actual or expected climatic
stimuli or their effects, which moderates harm or
exploits beneficial opportunities.

© ECOPOLIS 2009 ® PAGE 120


Disaster Risk Reduction and
Management (DRRM) Act of 2010
Final Reconciled Version
• Institutional Arrangements
– National Disaster Coordinating Council (NDCC) becomes
NDRRMC
• Chair-DND Secretary
• Vice Chair for Disaster Preparedness- DILG
• Vice Chair for Disaster Response- DSWD
• Vice Chair for Disaster Prevention and Mitigation- DOST
• Vice Chair for Disaster Rehabilitation and Recovery-NEDA
• 36 members from government, pvt sector, CSOs
– The Office of Civil Defense (OCD) shall have the primary
mission of administering a comprehensive national civil
defense and DRRM program

© ECOPOLIS 2009 ® PAGE 121


Disaster Risk Reduction and
Management (DRRM) Act of 2010
Final Reconciled Version
• Institutional Arrangements
– Regional NDRRMC
– Local DRRMCS--P/C/M DRRMCs
• Dissolve BDCC and functions to be assumed by BDCs
• LDRRMcs with 18 members headed by LCE
• Approve, monitor and evaluate implementation of LDRRMP
• Ensure integration of DRRM and CCA into LDP, P/P/As
– Creation of LDRRMO in every P/C/M under Office of
Governor/Mayor and a barangay DRRM Committee
headed by Brgy Captain (BDRMMC) under BDC in every
barangay

© ECOPOLIS 2009 ® PAGE 122


Disaster Risk Reduction and
Management (DRRM) Act of 2010
Final Reconciled Version
• NDRRMC Mandate:
– Policy-making, coordination, integration, supervision,
monitoring and evaluation
– Develop a NDRRMF as the principal guide to DRRM
efforts in the country and shall be reviewed on a five-
year interval, or as may be deemed necessary, in order
to ensure its relevance to the times;
– Ensure that the NDRRMP is consistent with the NDRRMF
– Ensure multi-stakeholder participation in the
development, updating, and sharing of a DRRM
Information System and GIS-based national risk map as
policy, planning and decision-making tools

© ECOPOLIS 2009 ® PAGE 123


Disaster Risk Reduction and
Management (DRRM) Act of 2010
Final Reconciled Version
• NDRRMC Mandate:
– Establish a national early warning and emergency alert system to
provide accurate and timely advice to national or local emergency
response organizations and to the general public through diverse
mass media
– Develop appropriate risk transfer mechanisms
– Manage and mobilize resources for disaster risk reduction and
management including the National DRRM Fund
– Monitor and provide the necessary guidelines and procedures on
the Local Disaster Risk Reduction and Management Fund
(LDRRMF) releases as well as utilization, accounting and auditing
– Formulate a national institutional capability building program for
DRRM

© ECOPOLIS 2009 ® PAGE 124


Disaster Risk Reduction and
Management (DRRM) Act of 2010
Final Reconciled Version
• NRMMC Mandate
– In coordination with the Climate Change
Commission, formulate and implement a
framework for climate change adaptation (CCA)
and DRRM from which all policies, programs, and
projects shall be based
– Formulate, harmonize, and translate into policies
a national agenda for research and technology
development on DRRM

© ECOPOLIS 2009 ® PAGE 125


Disaster Risk Reduction and
Management (DRRM) Act of 2010
Final Reconciled Version
• LDDRMF
– 5% of estimated revenues from regular sources
• 30% Quick Response Fund
• Unexpended amount accrue to special trust fund to support DRRM
activities within next 5 year
• Accreditation, Mobilization, and Protection of Disaster
Volunteers and National Service Reserve Corps, CSOs and the
Private Sector
• Integration of Disaster Risk Reduction Education into the
School Curricula and Sangguniang Kabataan (SK) Program and
Mandatory Training for the Public Sector Employees

© ECOPOLIS 2009 ® PAGE 126


Important International
Agreements wherein the
Philippines is a Party

© ECOPOLIS 2009 ® PAGE 127


Global environmental
challenges
• Climate change, including global warming
• Biodiversity loss
• Ozone depletion
• Contamination of air and water
• Others that may have transboundary, if not
global dimension

© ECOPOLIS 2009 ® PAGE 128


International Agreements

• Major source of environmental laws are bilateral and


multilateral agreements signed by the Philippines

• Informally, environmental practices by lending and


official development assistance agencies also affects
the evolution of environmental laws in the Philippines

© ECOPOLIS 2009 ® PAGE 129


Bilateral Agreements
• Bilateral Agreements
– Trade Treaties between two Countries
– Cooperation Agreements on Environmental Concerns
between Two Countries
– Conditionality and Covenants in Loans, Foreign Assistance
and Grants
• Bilateral Agreements are between two governments. It
is common practice today for bilateral agreements to
include sections on environmental concerns even if the
topic is on trade.
• Treaties are formal agreements and have to be ratified
by the Senate before it goes into force.

© ECOPOLIS 2009 ® PAGE 130


Regional/Multilateral Agreements
• Regional ASEAN, APEC,
• Global UNCBD, UNFCCC, MARPOL, WTO
• Regional agreements are for countries sharing
common borders or has proximity to each
other
• Multilateral Agreements are between a
number of countries. Global agreements are
normally organized by the United Nations
under authority of the General Assembly

© ECOPOLIS 2009 ® PAGE 131


International Agreements
• Procedures in the evolution of international agreements
– Specialized Agency of the UN conducts scientific meeting to examine certain
environmental issues affecting a number of member countries i.e. ozone layer
depletion
– Specialized Agency may organize a special committee to monitor scientific
development, make summary reports on the state of knowledge, further
research needs
– Specialized agency highlights the environmental problem in its annual report
to the Secretary General and to the General Assembly.
– If the problem is urgent in terms of the potential environmental damage, time
element and resources required to address the problem, the General
Assembly may authorize the Secretary General to convene a Commission as a
preparatory step to convening a convention.
– Secretary General assembles a commission. The commission reports to the
Secretary General and the General Assembly its findings and
recommendations. General Assembly authorizes a convention.
– Prior to the convention will be a series of meetings of senior government
officials to prepare the draft convention,

© ECOPOLIS 2009 ® PAGE 132


International Agreements
• Parties with similar concerns may also call for side meetings
to discuss common concerns and issues – for example
Cairns Group groupings of countries with large agricultural
outputs in WTO, the Group of 77- groupings of developing
countries
• At end of senior officials meetings, the Ministers may meet
and issue a declaration that served as basis for succeeding
meetings
• International Conference is held to review the science,
social, political, and economic importance for the need of
an agreement.
• Conference ends with the draft convention document open
for signing.

© ECOPOLIS 2009 ® PAGE 133


International Agreements
• The Specialized UN Agency sponsoring the conference normally acts
as the temporary secretariat for the convention
• The convention may allow parties to exclude certain provisions or it
may require the parties to ratify the convention as it stands
• The convention is ratified by the signatory States in accordance with
their constitutional requirements
• The UN may call for regular conference of the parties to map out
the details in implementing the convention on the presumption
that the convention will be ratified or it may wait for the convention
to come into force.
• The convention normally provides for certain number of parties to
ratify before it comes into force. It could be simple majority of the
signatory states, it could be two thirds, etc. It could be based on the
generators of the wastes being controlled such as the Kyoto
Protocol.

© ECOPOLIS 2009 ® PAGE 134


Protocol
• A convention as the main framework agreement has no expiration date or
if there is one it is a very long time. A PROTOCOL is the working agreement
to implement the Convention. For example, the Kyoto Protocol is the
implementation agreement of the United Nations Framework Convention
on Climate Change UNFCCC. The UNFCCC was signed at the Rio
Conference or the UN Conference on Environment and Development in
1992.
• The Protocol is normally named after the place it was signed i.e. Kyoto
Protocol, Montreal Protocol, etc
• The Protocol has definite targets and normally specific validity period. For
example, the Kyoto Protocol ends in 2012 the so called First Commitment
Period of the UNFCCC.
• Other countries may join the convention after it has come into force even
if they are not signatory countries. Those countries ACCEDE to the
convention. While the internal process in the country is similar to the
ratification process, the country could not be said to ratify the convention
because the convention is already in FORCE.

© ECOPOLIS 2009 ® PAGE 135


Protocol

• Once the Protocol is ratified the annual meeting is no


longer called the Conference of Parties. It is now called
the Meeting of the Parties or MoP.
• Subsequently, the regular meeting ( normally annual)
could be simultaneously the Conference of Parties of
the Convention and the MOP of the Protocol
• The MOP normally reviews the accomplishment,
review the expenditure and authorize the budget for
the succeeding year and also to plan for the course of
action once the Protocol expires.

© ECOPOLIS 2009 ® PAGE 136


Important Principles in
International Agreements on
Environment
• Common But Differentiated Responsibility- CBDR “In view of the
different contributions to global environmental degradation, States
have common but differentiated responsibilities. The developed
countries acknowledge the responsibility that they bear in the
international pursuit of sustainable development in view of the
pressures their societies place on the global environment and of the
technologies and financial resources they command.” quoted from
the Rio Declaration. As applied to the UNFCCC and the Kyoto
Protocol, the Philippines as a developing country has no ceiling on
the greenhouse gas it emits. It could continue on increasing its
emissions, build more coal power plants, add large steel mills, and
heavy industries. Principle 7 of the Rio Declaration

© ECOPOLIS 2009 ® PAGE 137


Important Principles in
International Agreements on
Environment
• Precautionary Principle- is a principle which
states that depending on the potential
damage and expected difficulty of reversing or
rehabilitating once the damage has occurred,
scientific uncertainty should not be taken as
reason for delaying action to address the
problem. Principle 15 of the Rio Declaration

© ECOPOLIS 2009 ® PAGE 138


Domestic enforcement of
International Agreements
• International Agreements may need local legislation
for effective implementation. International
agreements are normally silent on the penalties for
violation, the mode of enforcement, procedure for
prosecution of violators. This is a common problem
with international agreements on environment that
the Philippines has ratified. There is no often no
domestic legislation supporting the agreement.
International agreements have to be interpreted in
relation to existing laws.
• For this reason- International environmental
agreements are commonly known as “soft laws”.

© ECOPOLIS 2009 ® PAGE 139


International Agreements with
DENR-EMB as lead agency
• Basel Convention on the Control of Trans-boundary Movement of
Hazardous Wastes and their Disposal March 22, 1982
• Vienna Convention on Ozone Depleting Substances , went into force on
January 1, 1987 and the Montreal Protocol on Control of Ozone Depleting
Substances went into force on September 14, 1988
• Rotterdam Convention on Prior Informed Consent Procedure for Certain
Hazardous Chemicals and Pesticides in International Trade, September 1,
1998
• United Nations Framework Convention on Climate Change and the Kyoto
Protocol (1994)
• Stockholm Convention on Persistent Organic Pollutant, February 27,2004

© ECOPOLIS 2009 ® PAGE 140


International Agreements with
DENR-PAWB as lead agency
• Convention on the Conservation of Migratory Species of
Wild Animals (CMS)
• Convention on International Trade in Endangered Species
of Wild Flora and Fauna, (CITES)
• Convention on Biological Diversity (CBD) and the Cartagena
Protocol on Biosafety
• Convention on Wetlands of International Importance
Especially for Waterfowl Habitat

• Convention for the Protection of the World Cultural and


Natural Heritage (lead: DFA)

© ECOPOLIS 2009 ® PAGE 141


Other International Conventions on
the Environment
• UN Convention to Combat Desertification in those countries experiencing
serious droughts and/or desertification particularly in Africa – Bureau of
Soils and Water Management
• International Convention for the Pollution of the Sea by Oil – Coast Guard
• United Nations Convention on the Law of the Seas- Department of Justice
• International Convention for the Conservation of Atlantic Tuna- Bureau of
Fisheries and Aquatic Resources- BFAR
• Convention on the Conservation and Management of Highly Migratory
Fish Stocks of the Western Pacific and Central Pacific -BFAR
• International Convention for the Regulation of Whaling- BFAR
• World Trade Organization- Department of Trade and Industry

© ECOPOLIS 2009 ® PAGE 142


Multilateral environmental
agreements (MEAs)
• Treaty or agreement entered into by several
states that focus on the environment
“treaty” means an international agreement concluded between
States in written form and governed by international law, whether
embodied in a single instrument or in two or more related
instruments and whatever its particular designation. (VCLT Art 2)

“convention”, “framework convention”, “protocol”, “declaration”,


“action plan”

• Commonly referring to international


agreements discussed, negotiated and
agreed upon in major conferences
convened by the United Nations.
© ECOPOLIS 2009 ® PAGE 143
Stockholm to Rio
1970s- 1992
• CITES (entered into force 1975)
• MARPOL 73/78 (adopted in 1973 and 1978)
• Bonn Convention on Migratory Species (1979)
• UNCLOS (1982)
• Convention on the Protection of the Ozone Layer (1985)
• Montreal Protocol on ODS (1987)
• Basel Convention on Hazardous Waste (1989)

Credits: Kho, J.

Credits: Kho, J.
© ECOPOLIS 2009 ® PAGE 144
Rio Summit 1992

© ECOPOLIS 2009 ® PAGE 145


Rio to Johannesburg
1992-2002
• Desertification Convention (UNCCD
1994)
Rio Agreements • Straddling Fish Stocks (1995)
• Protocol to the London Dumping
(1992): Convention (1996)
• Rio Declaration • Kyoto Protocol (1997)
• Rotterdam Convention on PIC for
• UNFCCC Chemicals and Pesticides (1998)
• CBD • Protocol to the Basel Convention
(1999)
• Agenda 21 – blueprint for
• Cartagena Protocol on Biosafety
sustainable development (2000)
• Convention on Highly Migratory Fish
Stocks in Central and Western Pacific
(2000)
• Stockholm Convention on POPS
(2001)

© ECOPOLIS 2009 ® PAGE 146


2000 UN Millenium Summit

Halve Reduce <5 Reverse spread


mortality of diseases, esp.
Extreme Poverty HIV/AIDS, Malaria
by 2/3

Universal Millenium Ensure


Primary Development Environmental
Education
Goals Sustainability
by 2015

Empowerment of Form a
Reduce maternal Global Development
Women/ gender mortality Partnership
equality by 3/4 for aid, trade, debt relief

© ECOPOLIS 2009 ® PAGE 147


2002 The World Summit
on Sustainable Development…
27% coral reefs 2.8 billion living
Seriously threatened on < $2/day)
(up from 10%)

1.1 billion lack


clean water Extinctions
on the rise
10 years after Rio
Declining indicators

6 million children Greenhouse gas


died from hunger emissions up 9%
In 10 years
Growing gap
between rich & poor

© ECOPOLIS 2009 ® PAGE 148


Beyond Johannesburg
2002 - WSSD Plan of
Implementation

The Johannesburg Plan of


Implementation, agreed at the
World Summit on Sustainable
Development (Earth Summit 2002)
affirmed UN commitment to 'full
implementation' of Agenda 21,
alongside achievement of the
Millennium Development Goals and
other international agreements.

© ECOPOLIS 2009 ® PAGE 149


UNCED Agenda 21
• Agenda 21 is one of the three conventions approved in the
Rio conference or United Nations Conference on Environment
and Development (UNCED), the other two were United
Nations Framework Convention on Climate Change and the
Rio Declaration. Agenda 21 is a voluminous document
detailing how the UN member countries will address
environmental degradation as they enter the 21st century.
• It calls for each country to design and implement its Agenda
21
• UNDP provided funds to assist developing countries develop
their own Agenda 21

© ECOPOLIS 2009 ® PAGE 150


UNCED Agenda 21
• UN reviews every 5 years the implementation
of Agenda 21
• The reviews in 1997 and 2002 showed the
implementation was very poor

© ECOPOLIS 2009 ® PAGE 151


Philippine
Agenda 21
(1997)

© ECOPOLIS 2009 ® PAGE 152


Philippine Agenda 21 (1997):
Action Agenda
Per Ecosystem
• Forest/Upland Ecosystem
• Lowland/Agricultural Ecosystem
• Urban Ecosystem
• Coastal/Marine Ecosystem
• Freshwater Ecosystem
Critical Resources
• Minerals/Mines
• Biodiversity

© ECOPOLIS 2009 ® PAGE 153


Goals of Philippine Agenda 21
• PA 21 has five goal elements, as follows:
• Poverty Reduction: Poverty is a central concern of sustainable development.
Consistent with this, PA 21 has a poverty reduction agenda that includes measures to
create an enabling economic environment for sustained and broad-based growth;
improve employment, productivity and income; and attain food security.
• Social Equity: Social equity should mean allocation of resources on the bases of
efficiency and equity to achieve balanced development. Efficiency and equity mean
the channeling of resources to developing areas where greater economic benefits
accumulate and where there is greater need, distribution being dependent on the
practicality and urgency of needs.
• Empowerment and Good Governance: Empowerment is a precondition of informal
choices. Good governance is a necessary precondition to empowerment, as
empowerment is to good governance. These two are a defining element of each
other.
• Peace and Solidarity: The cycle of poverty and conflict goes on as the costs of war
escalate in terms of various kinds of destruction while withholding funds for basic
services, resulting in more poverty and underdevelopment.
• Ecological Integrity: In general, the path towards enhancing the integrity of the
country’s ecological domain will have to involve heightened and sustained
implementation of environmental laws, as well as the continued pursuit

© ECOPOLIS 2009 ® PAGE 154


United Nations Framework Convention
on Climate Change (opened for
signature on May 9, 1992 and came
into force on March 21, 1994)

© ECOPOLIS 2009 ® PAGE 155


Climate change
• Not about daily fluctuations in temperature and
humidity called weather; Long-term shifts in
weather patterns
• Human activity is changing the global climate
with unpredictable and profound consequences
for global weather patterns, ecosystems, and
human health
• ‘Greenhouse’ effect interfered with

© ECOPOLIS 2009 ® PAGE 156


© ECOPOLIS 2009 ® PAGE 157
Global Warming since the year 1000
Mann et al., 1999: Geophys. Res. Letters
0.8
on 20th-century average [°C]
Temperature anomaly based

0.6

0.4

0.2

-0.2

-0.4

-0.6
1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000

© ECOPOLIS 2009 ® PAGE 158


Greenhouse Gas Contributions to
Global Warming
Gas Formula Percent
Carbon dioxide CO2 64
Methane CH4 19
Chlorofluorocarbons various (Cl, F, C) 11
Nitrous oxide N2O 6
Sulfur hexafluoride SF6 0.4

© ECOPOLIS 2009 ® PAGE 159


Will climate
change
countries?

Source: La Vina, A. THE ROAD TO AND FROM BALI,

IS ADAPTATION THE ONLY OPTION O ADDRESS CLIMATE CHANGE?


© ECOPOLIS 2009 ® PAGE 160
Most countries emit very little
carbon dioxide
Percentage of Total Global Emission, 1999

80%
70%
60%
50%
40%
30%
20%
10% About 5%
0%
150 Lowest Emitters Top 25 Emitting Countries

Source: World Resources Institute. Underlying data source: U.S. DOE, Energy Information Administration, International
Energy Annual 2001
© ECOPOLIS 2009 ® PAGE 161
© ECOPOLIS 2009 ® PAGE 162
UN Framework Convention
on Climate Change
• Sets an overall framework for intergovernmental efforts
to respond to climate change.
• Entered into force on 21 March 1994; ratified by 191
countries including the Philippines
• Under the Convention, governments:
– gather and share information on climate change and
how to mitigate and adapt to it
– launch national strategies for addressing climate
change
– cooperate in preparing for adaptation to the impacts
of climate change
Credit: La Vina, A. The road to and from Bali: is adaptation the only option to climate change?

© ECOPOLIS 2009 ® PAGE 163


UN Framework Convention on
Climate Change, Art. 2
The ultimate objective is to achieve . . . stabilization of
greenhouse gas concentrations in the atmosphere at a
level that would prevent dangerous anthropogenic
interference with the climate system.

Such a level should be achieved within a time-frame


sufficient to allow ecosystems to adapt naturally to
climate change, to ensure that food production is not
threatened and to enable economic development to
proceed in a sustainable manner.
Credit: La Vina, A. The road to and from Bali: is adaptation the only option to climate change?

© ECOPOLIS 2009 ® PAGE 164


For mitigation, The Kyoto Protocol is a vital first
step.
10
Business-as-usual With Kyoto Protocol
9
Annual Emissions (GtC)

8 8.0
7 7.4
6.4
6 5.6
5.3
5 4.1
4 Still 30 % above 1990 levels,
But significant reductions in the
3
historically responsible countries.
2
1
0
1970 1975 1980 1985 1990 1995 2000 2005 2010

GtC- gigatonnes of carbon or 1 billion tons


Source: U.S. DOE, Energy Information Administration, International Energy Outlook 2000

© ECOPOLIS 2009 ® PAGE 165


Kyoto Protocol
• Kyoto Protocol of the UNFCCC was opened for
signature on December 11, 1997 and came into
force on February 16, 2005
• Although there is no requirement for developing
countries to cut or reduce its greenhouse gas
emission, under Article 14 on the Clean
Development Mechanism, developing countries
will get credits for voluntary reduction of
greenhouse gas emission

© ECOPOLIS 2009 ® PAGE 166


Kyoto Protocol
• The gases controlled under the Kyoto Protocol are
• Carbon dioxide
• Methane
• Nitrous Oxide
• Sulfur hexaflouride
• Hyroflourcarbons (HFC)
• Perchlorocarbon(PFC)
• Note not included in the list are chemicals substances several
times stronger than carbon dioxide that are controlled in the
Montreal Protocol

© ECOPOLIS 2009 ® PAGE 167


Kyoto Protocol
• The credits earned by developing countries could be sold to
developed countries to meet their target.
• Under the Kyoto Protocol the following emission reductions
are allowed:
– Internal reduction –for developed economies
– Bubble reduction- EU has a common target and member countries may avail
of reduction from other member countries ( very critical because a number of
EU countries were laggard economies such as Spain, Ireland, Portugal which
experienced rapid GHG emission as they catch up with the other member
countries)
– Clean Development Mechanism
• Kyoto Protocol first commitment period will expire on
December 31, 2012
• UNFCCC- CoP 15 Copenhagen, December 2009

© ECOPOLIS 2009 ® PAGE 168


Kyoto Protocol
• Difficulties in Post Kyoto agreement
– Insistence of the US and other developing member
countries to include major emitters from developing
countries such as China and India. China’s emission is
higher than US and India is close to US emission. China
wants the emission on per capita basis in which case,
China’s emissions in only 25 per cent of the US emissions
– EU would like to tie up emissions with other trading and
economic issues.
– China wants an accounting of emissions from heavy
industries that should have been in the developed
countries i.e. steel and aluminum processed in China was
is used by developed countries in their manufacturing.
– CDM might be changed.

© ECOPOLIS 2009 ® PAGE 169


Clean Development Mechanism
• Types of CDM
– Individual project
– Programmatic CDM for a number of small projects lumped
together
– Self CDM
• Purpose of the CDM
– Provide incentives for developing countries to reduce
their emissions
– Transfer of technology especially more efficient technology
– Developed partnership between developed and
developing countries to jointly address

© ECOPOLIS 2009 ® PAGE 170


BIODIVERSITY

© ECOPOLIS 2009 ® PAGE 171


•The variability among living
organisms from all sources
including,inter alia, terrestial,
marine and other aquatic
ecosystems and the ecological
complexes of which
they are part (CBD)
•Three hierarchical levels:
Genetic
Species
Ecosystem

Source: PAWB

© ECOPOLIS 2009 ® PAGE 172


17 megadiversity countries in the world

Containing two-thirds of the earth’s biodiversity


70-80 percent of the world’s plant and animal species
Source: PAWB

© ECOPOLIS 2009 ® PAGE 173


25 Global Hotspots
National Geographic says there are now 34 biodiversity
hotspots per study conducted by Conservation
International-USA)

Source: PAWB

© ECOPOLIS 2009 ® PAGE 174


Biodiversity Values
• Ecological
– Biological resources provide the basis of life on earth
– Components of biodiversity help maintain ecological
services or functioning systems of the biosphere
• Economic
– Source of food, clothing, shelter, medicine
– Source of aesthetic benefits (e.g. tourism, protected
areas)
– Trade of flora and fauna

© ECOPOLIS 2009 ® PAGE 175


Convention on Biological
Diversity

• International treaty to sustain diversity of life on earth

• Objectives: (1) conservation of biological diversity, (2)


the sustainable use of its components, and (3) the
fair and equitable sharing of the benefits arising out of
the utilization of genetic resources

– Cartagena Protocol of Biosafety


– International Regime on Access and Benefit-Sharing
(discussion ongoing)

© ECOPOLIS 2009 ® PAGE 176


Challenge

• Recognizing that biological diversity is more than


about plants, animals and micro organisms and their
ecosystems –

• It is about people and our need for food security,


medicines, fresh air and water, shelter, and a clean
and healthy environment in which to live.

• It is about our responsibility to use sustainably

© ECOPOLIS 2009 ® PAGE 177


Cartagena Protocol on
Biosafety

• Supplementary agreement to the CBD


• Seeks to protect biological diversity from the potential
risks posed by living modified organisms resulting
from modern biotechnology
• Establishes an advance informed agreement (AIA)
procedure for ensuring that countries are provided
with the information necessary to make informed
decisions before agreeing to the import of such
organisms into their territory.
• Establishes a Biosafety Clearing-House to facilitate
the exchange of information on living modified
organisms and to assist countries in the
implementation of the Protocol.

© ECOPOLIS 2009 ® PAGE 178


Traditional Conventional Modern
A. Laurena, UPLB-IPB

© ECOPOLIS 2009 ® PAGE 179


What is a GMO?
• A collective term to
describe a living organism
which has acquired a new
gene from a donor (usually
of unrelated species)
through genetic
engineering or modification
• Also referred to as
GM/GE/
biotech/transgenic
• e.g. Bt corn contains a gene
from a soil microorganism
called Bacillus thuringiensis
giving new trait to corn
such as resistance to the
insect Asian corn borer
© ECOPOLIS 2009 ® PAGE 180
Biotech Crop Countries
James, Clive. 2007. Global Status of Commercialized Biotech/GM Crops: 2007.
ISAAA Brief No. 37. ISAAA: Ithaca, NY.

 Bt maize’s yield advantage, profitability gains, and


pesticide reduction
 Increasing area devoted to maize with HT and IR traits

© ECOPOLIS 2009 ® PAGE 181


Challenges
• The potential benefits are enormous and so are the
potential risks.
• To maximize the benefits and minimize or mitigate
the risks, we need to:
– Strengthen IEC efforts
– Develop the appropriate policies/legal systems
– Build capacity in all sectors of society to:
• Assess the biosafety of GM crops
• Evaluate their worth
• Implement regulations (esp. monitoring)
• Encourage and strengthen public participation in
decision-making

© ECOPOLIS 2009 ® PAGE 182


CITES
• CITES- Convention on International Trade of
Endangered Species- controls and license the
international trade of endangered species.
The member states regularly meet to update
the list of endangered species and threatened
species (Red book).

© ECOPOLIS 2009 ® PAGE 183


OZONE DEPLETION

© ECOPOLIS 2009 ® PAGE 184


Ozone* layer
• Stratospheric ozone layer shields the earth from high-
Named for the molecule of 3 weakly bound oxygen atoms (O3 or ozone) that concentrate there

energy ultraviolet (UV-B) radiation from the sun; now


with holes or thinning layers

• Synthetic chemicals interfere with natural, homeostatic


processes and destroy ozone more quickly than natural
processes can replenish it.

• Ozone-depleting substances- Chlorofluorocarbons


(CFCs), nitrous oxide; those used for refrigeration, foam
extrusion, industrial cleaning, fire safety and fumigation

© ECOPOLIS 2009 ® PAGE 185


Negative effects

• UV-B exposure is harmful to human health


– Rise in skin cancer, lowered immune system,
vulnerability to diseases
• UV-B exposure is harmful to agriculture
– Impair crop production, inhibit growth of plants
• UV-B exposure is harmful to environment
– alter biodiversity of terrestrial ecosystems, cause
development abnormalities in fish, shellfish; reduce
productivity of phytoplanktons, the base of ocean’s
food web

© ECOPOLIS 2009 ® PAGE 186


Montreal Protocol
• Designed to protect the ozone layer by phasing out the production of a
number of substances believed to be responsible for ozone depletion. ODS
are used in refrigeration, foam extrusion, industrial cleaning, fire safety
and fumigation.

• Entered into force on January 1, 1989; undergone 7 revisions until 1999.


Philippines ratified in 1991, latest in 2006 (Beijing amendments).

• The Multilateral Fund for the Implementation of the Montreal Protocol


(1990) provides funds to help developing countries to phase out the use of
ozone-depleting substances (ODS).
• "Perhaps the single most successful international agreement to date...”
Kofi Anan

© ECOPOLIS 2009 ® PAGE 187


The Montreal Protocol
• 1987 Protocol Requirements:
– 50% reduction in the 1986 CFC productions levels by 1999
– Freeze on the 1986 halon production and consumption levels
• London Amendment of 1990:
– Phase out CFCs entirely by 2000
• Amendments of 1992:
– Accelerated timetable for reducing ozone depleting substances
• Implementation in the U.S. through Title VI of the Clean Air Act
Amendments of 1990:
– Production of all Class I substances (CFCs, halons, carbon tetrachloride,
and methyl chloroform) phased out by 2000
– Production of Class II substances (HCFCs) phased out by 2030

© ECOPOLIS 2009 ® PAGE 188


TOXIC CHEMICALS
AND HAZARDOUS
WASTES

© ECOPOLIS 2009 ® PAGE 189


‘Toxic’ Challenge

• Synthetic chemicals that persist for decades


or longer (e.g. pesticides, industrial
feedstock, commercial chemicals)
• Harmful to health and environment
• Problem of disposal
• “Toxic colonialism”
• Lack of knowledge regarding scale,
movement and impact of chemicals being
manufactured

© ECOPOLIS 2009 ® PAGE 190


Basel Convention
• Basel Convention- establishes a mechanism to track
the transport of toxic and hazardous substances, the
prior notification and acceptance of all parties in
transient points as well as the final destination
• In terms of Philippine legislation the Basel
Convention is the model for RA 6969 although it is
more for domestic transport, storage and hauling of
toxic and hazardous wastes

© ECOPOLIS 2009 ® PAGE 191


Basel Convention
• Intended to address the uncontrolled movement and dumping of
hazardous wastes, including incidents of illegal dumping in developing
nations by companies from developed countries.

Key objectives of the Basel Convention include:


• to minimize the generation of hazardous wastes in terms of quantity and
hazardousness;
• to dispose of them as close to the source of generation as possible;
• to reduce the movement of hazardous wastes (including toxic, poisonous,
explosive, corrosive, flammable, ecotoxic and infectious wastes)

Covers practical steps to minimize the generation of hazardous wastes


and strictly controlling its storage, transport, treatment, reuse, recycling,
recovery and final disposal, the purpose of which is to protect human
health and the environment.

Entered into force 1992. Philippines ratified in Oct 1993


© ECOPOLIS 2009 ® PAGE 192
© ECOPOLIS 2009 ® PAGE 193

You might also like