Environmental-Laws 3

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RA 11038-Expanded Na onal Integrated Protected Areas System (ENIPAS) Act

- To this end, there is hereby established a Na onal Integrated Protected Areas System (NIPAS), which shall
encompass ecologically rich and unique areas and biologically important public lands that are habitats of rare
and threatened species of plants and animals, biogeographic zones and related ecosystems, whether
terrestrial, wetland or marine, all of which shall be designated as 'protected areas'. The System shall recognize
conserva on areas and the management regimes being implemented by local government units (LGUs), local
communi es and indigenous peoples (IPs). Establishment of 94 protected areas classified as Na onal Park
based on the requirements of the Philippine Cons tu on and RA 7586;
PRESIDENTIAL DECREE No. 705 – THE REVISED FORESTRY CODE OF THE PHILIPPINES
- FOR THE PURPOSE OF PENALIZING POSSESSION OF TIMBER OR OTHER FOREST PRODUCTS WITHOUT THE
LEGAL DOCUMENTS REQUIRED BY EXISTING FOREST LAWS, AUTHORIZING THE CONFISCATION OF ILLEGALLY
CUT, GATHERED, REMOVED AND POSSESSED FOREST PRODUCTS, AND GRANTING REWARDS TO INFORMERS
OF VIOLATIONS OF FORESTRY LAWS, RULES AND REGULATIONS.
Republic Act No. 9175- Chain Saw Act of 2002
- "AN ACT REGULATING THE OWNERSHIP, POSSESSION, SALE, IMPORTATION AND USE OF CHAINSAWS,
PENALIZING VIOLATIONS THEREOF AND FOR OTHER PURPOSES" FOR THE PROVINCE OF PALAWAN
REPUBLIC ACT NO. 9147 -"Wildlife Resources Conserva on and Protec on Act."
- AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES AND THEIR
HABITATS
REPUBLIC ACT NO. 7942 - "Philippine Mining Act of 1995."
- AN ACT INSTITUTING A NEW SYSTEM OF MINERAL RESOURCES EXPLORATION, DEVELOPMENT, UTILIZATION,
AND CONSERVATION
REPUBLIC ACT No. 7076- "People's Small-scale Mining Act of 1991."
- AN ACT CREATING A PEOPLE'S SMALL-SCALE MINING PROGRAM
Republic Act No. 8550- "The Philippine Fisheries Code of 1998."
- AN ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND CONSERVATION OF THE FISHERIES AND
AQUATIC RESOURCES, INTEGRATING ALL LAWS PERTINENT THERETO
REPUBLIC ACT No. 4850- LLDA Law/Laguna Lake Development Authority
- AN ACT CREATING THE LAGUNA LAKE DEVELOPMENT AUTHORITY, PRESCRIBING ITS POWERS, FUNCTIONS AND
DUTIES
REPUBLIC ACT NO. 6969- “Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990.”
- AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES, PROVIDING PENALTIES
FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES
Republic Act No. 8749 - "Philippine Clean Air Act of 1999."
- AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES
Republic Act No. 9275- "Philippine Clean Water Act of 2004."
- AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER PURPOSES
REPUBLIC ACT NO. 9003- “Ecological Solid Waste Management Act of 2000.”
- AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM, CREATING THE NECESSARY
INSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING
PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
PRESIDENTIAL DECREE No. 1586 - Environmental Impact Statement System
- ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM, INCLUDING OTHER ENVIRONMENTAL
MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES
Act No. 3572 – law prohibi ng the cu ng of nadalo, akle, or molave trees with diameter of less than sixty meters
measured at a height of four feet from the ground in public forest.
Presiden al Decree No. 856- Code of Sanita on of the Philippines
Presiden al Decree No. 979- Marine Pollu on Decree of 1976
Presiden al Decree No. 1067- The Water Code of the Philippines- a decree ins tu ng a water code, thereby revising and
consolida ng the laws governing the ownership, appropria on, u liza on, exploita on, development, conserva on and
protec on of water resources
Presiden al Decree No. 1151- Philippine Environmental Policy
Presiden al Decree No. 1433- Plant Quaran ne Decree of 1978
Republic Act 3571- An Act to Prohibit the Cu ng, Destroying Or Injuring Of Planted or Growing Trees, Flowering Plants
and Shrubs or Plants Of Scenic Value along Public Roads, In Plazas, Parks, School Premises Or Any Other Public Ground.
Republic Act No. 7586- NIPAS LAW / Na onal Integrated Protected Areas System
Republic Act 7611- Strategic Environmental Plan for Palawan Act
ENVIRONMENTAL LAWS – are set of rules and customary laws that deal with the environmental customary laws of human
behavior.
KEY AREAS THAT ENVIROMENTAL LAW WORKS
¸ Air quality
¸ Water quality
¸ Water management
¸ Contaminant Clean-up
¸ Chemical safety
¸ Resource Sustainability
COMPONENTS OF ENVIRONMENTAL LAW
1. Waste Management – this include aiding with the development or renova on of waste storage facili es to ensire
that waste would not pollute groundwater or spread disease.
2. Food Produc on – regula ons include anything from seed processing and storage to fer lizer and pes cide use in
the cul va on of mature crops.
3. Water Reserves- establish pollu on-resistant water bodies. Concerned not only with the safety of drinking and
cooking water, but also with adequate field irriga on
4. Pollu on Control and Remedia on- environmental legisla on is concerned with pollu on control on the one hand
and natural resource management on the other. Environmentally sustainable products, pollu on regula ons, and
energy-efficient systems are also examples of how it relates to product design.
5. Flora and Fauna- environmental legisla on should be implemented to conserve biodiversity or to preserve animals
that are considered valuable for other purposes.
6. Mining- to consider consequences of extrac ng natural products from the ground
7. Emissions and Construc on- should look at the state and efficiency of housing and transit , as well as how they
can improved and expanded.

DEFINITION OF TERMS:

∑ ENVIRONMENTAL LAWS – are set of rules and customary laws that deal with the environmental customary laws
of human behavior.
∑ GREEN CRIMINOLOGY- refers to the study of environmental crimes and harms affec ng human and non-human
life, ecosystems and the biosphere
∑ GREEN LAWS- are those that deal with the protec on, conserva on, u liza on and development of forests, other
land-based natural resources, and wildlife
∑ BLUE LAWS- refer to laws which deal with the protec on, conserva on and u liza on of waters, marine life, and
aqua c resources.
∑ BROWN LAWS- refer to laws and rules which deal with pollu on control and the regula on of ac vi es which
could affect the environment
∑ Biological diversity- or biodiversity refers to the variability among the living organisms from all sources including,
inter alia, terrestrial, marine and other aqua c ecosystems and the ecological complexes of which they are part;
this includes diversity within species, between species and of ecosystems
∑ Endemic species- Refers to the species or subspecies of flora and fauna which are naturally occurring and found
within specific areas in the country;
∑ Exo c species- refer to the species or subspecies of flora and fauna which do not naturally occur within the
protected area at present or in historical me;
∑ Kaingin- refers to the slash-and-burn cul va on of vegetated land in a protected area, whether occupied or not,
shi ing and permanent with li le or no provision to prevent soil erosion;
∑ Na onal park- refers to the lands of the public domain classified as such in the Cons tu on which include all areas
under the NIPAS pursuant to this Act, primarily designated for the conserva on of na ve plants and animals, their
associated habitats and cultural diversity;
∑ Natural monument- refers to a rela vely small area focused on the protec on of small features to protect or
preserve na onally significant natural features on account of their special interest or unique characteris cs;
∑ Protected area- refers to iden fied por ons of land and/or water set aside by reason of their unique physical and
biological diversity and protected against destruc ve human exploita on;
∑ Protected species- refers to plants or animals declared protected under Philippine laws, rules, and regula ons.
These shall include all species listed under the Conven on on Interna onal Trade in Endangered Species of Wild
Fauna and Flora and all its Annexes, the Conven on on the Conserva on of Migratory Species (CMS), those
specified under the red-list categories of the Interna onal Union for Conserva on of Nature and Natural Resources
(DENR), PAMB or any government agency may deem necessary for conserva on and preserva on in the protected
area;
∑ Threatened species- refer to species or subspecies considered cri cally endangered, vulnerable, or other accepted
categories of wildlife whose popula on is at risk of ex nc on;
∑ Wildlife- refers to the wild forms and varie es of flora and fauna, in all developmental stages, including those who
which are in capacity or are being bred, fed, or propagated;
∑ Wildlife Sanctuary- refers to an area which assures the natural condi ons necessary to protect na onally
significant species, group of species, bio c communi es or physical features of the environment which may require
specific human manipula ons for their perpetua on."
∑ Forest lands- include the public forest, the permanent forest or forest reserves, and forest reserva ons.
∑ Marine parks- refers to any off-shore area inhabited by rare and unique species of marine flora and fauna.
∑ Seashore park- refers to any public shore area delimited for outdoor recrea on, sports fishing, water skiing and
related healthful ac vi es.
∑ Watershed- is a land area drained by a stream or fixed body of water and its tributaries having a common outlet
for surface run-off.
∑ Dipterocarp forest -is a forest dominated by trees of the dipterocarp species, such as red lauan, tengile, aong,
white lauan, almon, bag kan and mayapis of the Philippine mahogany group, apitong and the yakals.
∑ Pine forest is a forest composed of the Benguet Pine in the Mountain Provinces or the Mindoro pine in Mindoro
and Zambales provinces.
∑ Chain saw"- shall refer to any portable power saw or similar cu ng implement, rendered opera ve by an electric
or internal combus on engine or similar means, that may be used for, but is not limited to, the felling of trees or
the cu ng of mber
∑ "Bioprospec ng" –means the research, collec on and u liza on of biological and gene c resources for purposes
of applying the knowledge derived there from solely for commercial purposes;
∑ "Conserva on" -means preserva on and sustainable u liza on of wildlife, and/or maintenance, restora on and
enhancement of the habitat;
∑ "Cri cally endangered species" refers to a species or subspecies that is facing extremely high risk of ex nc on in
the wild in the immediate future;
∑ "Economically important species" means species or subspecies which have actual or poten al value in trade or
u liza on for commercial purpose;
∑ "Endangered species" refers to species or subspecies that is not cri cally endangered but whose survival in the
wild is unlikely if the causal factors con nue opera ng;
∑ "Exo c species" means species or subspecies which do not naturally occur in the country;
∑ "Export permit" refers to a permit authorizing an individual to bring out wildlife from the Philippines to any other
country;
∑ "Gratuitous permit" means permit issued to any individual or en ty engaged in noncommercial scien fic, or
educa onal undertaking to collect wildlife;
∑ "Indigenous wildlife" means species or subspecies of wildlife naturally occurring or has naturally established
popula on in the country;
∑ "Reexport permit" refers to a permit authorizing an individual to bring out of the country a previous imported
wildlife;
∑ "Vulnerable species" refers to species or subspecies that is not cri cally endangered nor endangered but is under
threat from adverse factors throughout their range and is likely to move to the endangered category in the near
future;
∑ Ancestral lands refers to all lands exclusively and actually possessed, occupied, or u lized by indigenous cultural
communi es by themselves or through their ancestors in accordance with their customs and tradi ons since me
immemorial, and as may be defined and delineated by law.
∑ Exclusive economic zone means the water, sea bo om and subsurface measured from the baseline of the
Philippine archipelago up to two hundred nau cal miles (200 n.m.) offshore.
∑ Quarrying means the process of extrac ng, removing and disposing quarry resources found on or underneath the
surface of private or public land.
∑ "Small-scale mining" refers to mining ac vi es which rely heavily on manual labor using simple implement and
methods and do not use explosives or heavy mining equipment;
∑ Aquaculture - fishery opera ons involving all forms of raising and culturing fish and other fishery species in fresh,
brackish and marine water areas.
∑ Aqua c Pollu on - the introduc on by human or machine, directly or indirectly, of substances or energy to the
aqua c environment which result or is likely to result in such deleterious effects as to harm living and non-living
aqua c resources, pose poten al and/or real hazard to human health, hindrance to aqua c ac vi es such as
fishing and naviga on, including dumping/disposal of waste and other marine li ers, discharge of petroleum or
residual products of petroleum or carbonaceous materials/substances, and other, radioac ve, noxious or harmful
liquid, gaseous or solid substances, from any water, land or air transport or other human-made structure.
Deforesta on, unsound agricultural prac ces such as the use of banned chemicals and excessive use of chemicals,
intensive use of ar ficial fish feed, and wetland conversion, which cause similar hazards and deleterious effects
shall also cons tute aqua c pollu on.
∑ Aqua c Resources - includes fish, all other aqua c flora and fauna and other living resources of the aqua c
environment, including, but not limited to, salt and corals.
∑ Coastal Area/Zone - is a band of dry land and adjacent ocean space (water and submerged land. in which terrestrial
processes and uses directly affect oceanic processes and uses, and vice versa; its geographic extent may include
areas within a landmark limit of one (1. kilometer from the shoreline at high de to include mangrove swamps,
brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward limit of 200
meters isobath to include coral reefs, algal flats, seagrass beds and other so -bo om areas.
∑ Coral Reef - a natural aggrega on of coral skeleton, with or without living coral polyps, occurring in inter dal and
sub dal marine waters.
∑ Electrofishing - the use of electricity generated by ba eries, electric generators and other source of electric power
to kill, stupefy, disable or render unconscious fishery species, whether or not the same are subsequently
recovered.
∑ Farm-to-Market Roads - shall include roads linking the fisheries produc on sites, coastal landing points and other
post-harvest facili es to major market and arterial roads and highways.
∑ Fine Mesh Net - net with mesh size of less than three cen meters (3 cm.. measured between two (2. opposite
knots of a full mesh when stretched or as otherwise determined by the appropriate government agency.
∑ Fishery Species - all aqua c flora and fauna including, but not restricted to, fish, algae, coelenterates, mollusks,
crustaceans, echinoderms and cetaceans.
∑ Fisherfolk - people directly or personally and physically engaged in taking and/or culturing and processing fishery
and/or aqua c resources.lawphi1™
∑ Hazardous wastes are hereby defined as substances that are without any safe commercial, industrial, agricultural
or economic usage and are shipped, transported or brought from the country of origin for dumping or disposal
into or in transit through any part of the territory of the Philippines.
∑ Nuclear wastes are hazardous wastes made radioac ve by exposure to the radia on incidental to the produc on
or u liza on of nuclear fuels but does not include nuclear fuel, or radioisotopes which have reached the final stage
of fabrica on so as to be usable for any scien fic, medical, agricultural, commercial, or industrial purpose.
∑ Air pollutant" means any ma er found in the atmosphere other than oxygen, nitrogen, water vapor, carbon
dioxide, and the inert gases in their natural or normal concentra ons, that is detrimental to health or the
environment, which includes but not limited to smoke, dust, soot, cinders, fly ash, solid par cles of any kind, gases,
fumes, chemical mists, steam and radio-ac ve substances;
∑ "Air pollu on" means any altera on of the physical, chemical and biological proper es of the atmospheric air, or
any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air
resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will
adversely affect their u liza on for domes c, commercial, industrial, agricultural, recrea onal, or other legi mate
purposes;
∑ "Ambient air quality" means the general amount of pollu on present in a broad area; and refers to the
atmosphere's average purity as dis nguished from discharge measurements taken at the source of pollu on;
∑ "Emission" means any air contaminant, pollutant, gas stream or unwanted sound from a known source which is
passed into the atmosphere;
∑ "Greenhouse gases" mean those gases that can poten ally or can reasonably be expected to induce global
warming, which include carbon dioxide, methane, oxides of nitrogen, chlorofluorocarbons, and the like;
∑ "Ozone Deple ng Substances (ODS)" means those substances that significantly deplete or otherwise modify the
ozone layer in a manner that is likely to result in adverse effects of human health and the environment such as,
but not limited to, chloroflourocarbons, halons and the like;
∑ "Municipal waste" means the waste materials generated from communi es within a specific locality;
∑ "Infec ous waste" means that por on of medical waste that could transmit an infec ous disease
∑ "Medical waste" means the materials generated as a result of pa ent diagnosis, treatment, or immuniza on of
human beings or animals;
∑ Aquifer - means a layer of water-bearing rock located underground that transmits water in sufficient quan ty to
supply pumping wells or natural springs.
∑ Environmental management - means the en re system which includes, but is not limited to, conserva on,
regula on and minimiza on of pollu on, clean produc on, waste management, environmental law and policy,
environmental educa on and informa on, study and mi ga on of the environmental impacts of human ac vity,
and environmental research.
∑ Environmental management system - means the part of the overall management system that includes
organiza onal structure, planning ac vi es, responsibili es, prac ces, procedures, processes and resources for
developing, implemen ng, achieving, reviewing and maintaining the environment policy.
∑ Freshwater - means water containing less than 500 ppm dissolved common salt, sodium chloride, such as that in
groundwater, rivers, ponds and lakes.
∑ Groundwater - means a subsurface water that occurs beneath a water table in soils and rocks, or in geological
forma ons.
∑ Groundwater vulnerability - means rela ve ease with which a contaminant located at or near the land surface can
migrate to the aquifer or deep well.
∑ Industrial waste - means any solid, semi-solid or liquid waste material with no commercial value released by a
manufacturing or processing plant other than excluded material
∑ Septage - means the sludge produced on individual onsite wastewater disposal systems, principally sep c tanks
and cesspools.
∑ Sewage - means water-borne human or animal wastes, excluding oil or oil wastes, removed from residences,
building, ins tu ons, industrial and commercial establishments together with such groundwater, surface water
and storm water as maybe present including such waste from vessels, offshore structures, other receptacles
intended to receive or retain waste or other places or the combina on thereof.
∑ Sewerage - includes, but is not limited to, any system or network of pipelines, ditches, channels, or conduits
including pumping sta ons, li sta ons and force mains, service connec ons including other construc ons,
devices, and appliances appurtenant thereto, which includes the collec on, transport, pumping and treatment of
sewage to a point of disposal.
∑ Sludge - means any solid, semi-solid or liquid waste or residue generated from a wastewater treatment plant,
water supply treatment plant, or water control pollu on facility, or any other such waste having similar
characteris cs and effects.
∑ Wastewater - means waste in liquid state containing pollutants.
∑ Water Pollu on - means any altera on of the physical, chemical, biological, or radiological proper es of a water
body resul ng in the impairment of its purity or quality.
∑ Agricultural waste shall refer to waste generated from plan ng or harves ng of crops, trimming or pruning of
plants and wastes or run-off materials from farms or fields
∑ Bulky wastes shall refer to waste materials which cannot be appropriately placed in separate containers because
of either its bulky size, shape or other physical a ributes. These include large worn-out or broken household,
commercial, and industrial items such as furniture, lamps, bookcases, filing cabinets, and other similar items;
∑ Buy-back center shall refer to a recycling center that purchases or otherwise accepts recyclable materials from the
public for the purpose of recycling such materials
∑ Open dump shall refer to a disposal area wherein the solid wastes are indiscriminately thrown or disposed of
without due planning and considera on for environmental and health standards

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