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ENVIRONMENTAL PROTECTION IS AVAILABLE FOR VIOLATIONS OF: (a) Act No.

3572, Prohibition Against Cutting of Tindalo, Akli, and Molave Trees

The cutting in the public forests of tindalo, akle, or molave trees less than sixty centimeters in diameters measured at a height of four feet from the ground (breast high)

(b) P.D. No. 705, Revised Forestry Code

AREAS NEEDED FOR FOREST PURPOSES No land of the public domain eighteen per cent (18%) in slope or over shall be classified as alienable and disposable, nor any forest land fifty per cent (50%) in slope or over, as grazing land The following lands, even if they are below eighteen percent (18%) in slope, are needed for forest purposes, and may not, therefore, be classified as alienable and disposable land, to wit: 1. Areas less than 250 hectares which are far from, or are not contiguous with any certified alienable and disposable land; 2. Isolated patches of forest of at least five (5) hectares with rocky terrain, or which protect a spring for communal use; 3. Areas which have already been reforested; 4. Areas within forest concessions which are timbered or have good residual stocking to support an existing, or approved to be established, wood processing plant; 5. Ridge tops and plateaus regardless of size found within, or surrounded wholly or partly by, forest lands where headwaters emanate; 6. Appropriately located road-rights-of-way; 7. Twenty-meter strips of land along the edge of the normal high waterline of rivers and streams with channels of at least five (5) meters wide; 8. Strips of mangrove or swamplands at least twenty (20) meters wide, along shorelines facing oceans, lakes, and other bodies of water, and strips of land at least twenty (20) meters wide facing lakes; 9. Areas needed for other purposes, such as national parks, national historical sites, game refuges and wildlife sanctuaries, forest station sites, and others of public interest; and 10. Areas previously proclaimed by the President as forest reserves, national parks, game refuge, bird sanctuaries, national shrines, national historic sites: 1

LICENSE REQUIREMENT the utilization of timber therein shall not be allowed except through license agreements under which the holders thereof shall have the exclusive privilege to cut all the allowable harvestable timber in their respective concessions, and the additional right of occupation, possession, and control over the same, to the exclusive of all others, except the government, but with the corresponding obligation to adopt all the protection and conservation measures to ensure the continuity of the productive condition of said areas, conformably with multiple use and sustained yield management. REGULATION OF UTILIZATION OF TIMBER The utilization of timber in alienable and disposable lands, private lands, civil reserve preservations, and all lands containing standing or felled timber including those under the jurisdiction of other government agencies, and the establishment and operation of sawmills and other wood-processing plants, shall be regulated in order to prevent them from being used as shelters for excessive and unauthorized harvests in forest lands, and shall not therefore be allowed except through a license agreement, license, lease or permit. PROTECTION OF MANGROVE FOREST Strips of mangrove forest bordering numerous islands which protect the shoreline, the shoreline roads, and even coastal communities from the destructive force of the sea during high winds and typhoons, shall be maintained and shall not be alienated. Such strips must be kept from artificial obstruction so that flood water will flow unimpeded to the sea to avoid flooding or inundation of cultivated areas in the upstream. All mangrove swamps set aside for coast-protection purposes shall not be subject to clear-cutting operation. Mangrove and other swamps released to the Bureau of Fisheries and Aquatic Resources for fishpond purposes which are not utilized, or which have been abandoned for five (5) years from the date of such release shall revert to the category of forest land. REGULATION OF MINING OPERATIONS Location, prospecting, exploration, utilization or exploitation of mineral resources in forest reservations shall be governed by Mining laws, rules and regulations. No location, prospecting, exploration, utilization, or exploitation of mineral resources inside forest concessions shall be allowed unless proper notice has been served upon the licensees thereof and the prior approval of the Director, secured. Mine tailings and other pollutants affecting the health and safety of the people, water, fish, vegetation, animal life and other surface resources, shall be filtered in silt traps or other filtration devices and only clean exhausts and liquids shall be released therefrom. Surface-mined areas shall be restored to as near its former natural configuration or as approved by the Director prior to its abandonment by the mining concern. CONSTRUCTION OF LOGGING ROADS/INFRASTRUCTURES IN FOREST LANDS Roads and other infrastructure in forest lands shall be constructed with the least impairment to the resource values thereof 2

Such roads shall be strategically located and their widths regulated so at to minimize clear-cutting, unnecessary damage or injury to healthy residuals, and erosion. Their construction must not only serve the transportation need of the logger, but, most importantly, the requirement to save as many healthy residuals as possible during cutting and hauling operations. REGULATION OF FOREST OCCUPANCY

Forest occupancy shall henceforth be managed Occupants shall undertake measures to prevent and protect forest resources. Any occupancy in forest land which will result in sedimentation, erosion, reduction in water yield and impairment of other resources to the detriment of community and public interest shall not allowed. No person shall enter into forest lands and cultivate the same without lease or permit. No forest land 50% in slope or over may be utilized for pasture purposes. CRIMINAL OFFENSES under PD 705

Cutting, Gathering and/or Collecting Timber, or Other Forest Products Without License Any person who enters and occupies or possesses, or makes kaingin for his own private use or for others, any forest land or grazing land without authority under a license agreement, lease, license or permit, or in any manner destroys such forest land or grazing land or part thereof, or causes any damage to the timber stand and other products and forest growth found therein, or who assists, aids or abets any other person to do so, or sets a fire, or negligently permits a fire to be set in any forest land or grazing land, or refuses to vacate the area when ordered to do so Any person, who shall, without authority under a lease or permit, graze or cause to graze livestock in forest lands, grazing lands and alienable and disposable lands which have not as yet been disposed of in accordance with the Public Land Act; Any person who, shall, without permit, occupy for any length of time any portion of the national parks system or shall, in any manner cut, destroy, damage or remove timber or any species of vegetation or forest cover and other natural resources found therein, or shall mutilate, deface or destroy objects of natural beauty or of scenic value within areas in the national parks system Destruction of Wildlife Resources any person who shall, without permit to survey from the Director, enter any forestlands, whether covered by a license agreement, lease, license, or permit, or not, and conduct or undertake a survey for whatever purpose. Any public officer of employee who knowingly surveys, classifies, or recommends the release of forestlands as alienable and disposable lands contrary to the criteria and standards established in this Code, or the rules and regulations promulgated hereunder

(c) P.D. No. 856, Sanitation Code PROTECTION OF DRINKING WATER FROM CONTAMINATION Washing clothes or bathing within a radius of 25 meters from any well or other source of drinking water is prohibited. No artesians, deep or shallow well shall be constructed within 25 meters from any source of pollution. No radioactive sources or materials shall be stored within a radius of 25 meters from any well or source of drinking water unless the radioactive source is adequately and safely enclosed by proper shielding. 3

The installation of booster pump to boost water direct from the water distribution line of a water supply system, where low-water pressure prevails is prohibited.

REGULATION OF FOOD ESTABLISHMENTS No person or entity shall operate a food establishment for public patronage without securing a permit from the local health office Health certificates required for employees/food handlers Quality and Protection of Food All food must be obtained from sources approved by the local health authority Structural requirements for premises Compliance with vermin control Proper disposal of refuse Bacterial treatment of utensils Storage of utensils Proper storage of food Food service requirements Sanitary Evaluation of food establishments

STANDARDS FOR MARKETS AND ABATOIRS Suitability of site insofar as elimination of nuisance condition and prevention of contamination are concerned Availability of ample water supply for cleaning adequate drainage facilities Durability of construction Facilities for sanitation maintenance, such as cleaning and elimination of harborages of vermin

SPECIAL REQUIREMENTS All articles to be laundered coming from hospitals and infected sources shall be treated by exposure to a sufficient quantity of hot water detergents or by other effective means of disinfection. All linen, bed clothes, pajamas, towels, bedsheets, pillow cases, etc. that have come in contact with any form of radioactivity should be isolated in a certain area and monitored by Radiation Safety personnel before sending these articles for laundry. If any amount of radioactive contamination is found, the affected article should be set aside and the radioactivity allowed to completely decay before said article is sent for laundry.

SCHOOL SANITATION Physical design requirements: avoid traffic hazards, accessible to public, distant from nuisances and places with undesirable influences Building must be of strong, durable materials, with prevention of fire hazards Recreational facilities Adequate rest rooms Potable water, sewage and waste disposal If the school utilizes cadavers, plants, animals, bacterial and viral cultures for studies and research: 1. Cadavers shall be stored in morgues and dissected in dissecting rooms, all of which shall be constructed and maintained in accordance with standards prescribed by the Department of Health 4

2. Poisonous or harmful plants and animals shall be kept in adequate and secured areas 3. Viral and bacterial cultures shall be kept in laboratories under standard security laboratory measures. 4. Schools utilizing radioactive materials or sources for study or research should closely conform to the requirements and guidelines given by the Radiation Health Office and the Philippine Atomic Energy Commission concerning radiation protection INDUSTRIAL HYGIENE Sanitary permit from the Secretary or his duly authorized representatives. allowed to operate only in places or zones assigned for the kind of industry by existing zoning laws, ordinances, or policies determined by local health authority adequate potable water supply sewage disposal All wastes incident to the operation of the industrial plant shall be collected, stored, or disposed of in a manner to prevent health hazards, nuisances, and pollution. abatement program for the control of vermin Adequate restrooms and mass halls shall be provided for employees All places of employment and all workrooms, including machinery and equipment, shall be kept clean and sanitary Control atmospheric contaminants, infectious agents, radiation hazards, noise, illumination, ventilation

PUBLIC SWIMMING OR BATHING PLACES Sanitary permit requirement Structural requisites to prevent pollution of their waters and promote sanitation maintenance Elimination of risk of infection thru structural standards in toilets, shower baths and dressing rooms Limitation of swimming pools in accordance with the type of water treatment applied

REST AREAS, BUS TERMINALS, BUS STOPS, AND SERVICE STATIONS Established with ample area to prevent overcrowding of motor vehicles and travelers. Adequate ventilation and lighting and away from sources of nuisance. Safe and adequate water supply Excreta and sewage collection and disposal shall be provided Refuse collection and disposal Adequate number of comfort rooms shall be provided as well as auxiliary facilities Waiting sheds for commuters shall be of adequate size to comfortably accommodate a minimum of thirty (30) persons Sale of foodstuffs in those establishments shall be done in conformity with the provisions of Chapter III of this Code

CAMPS AND PICNIC GROUNDS Sanitary permit requirement Sites shall not be subject to flooding, must be well drained, distant from any source of nuisance and will not endanger sources of any public water supply. adequate lighting and ventilation Adequate and safe drinking water shall be available at all times 5

Adequate number of sanitary facilities Sewage disposal The storage, preparation and serving of food shall be in accordance with Chapter III of this Code. Refuse cans shall be provided at strategic points in the ground area provided with tight fitting cover. A regular collection service shall be maintained. Maintained clean, free from litter and accumulated rubbish. Program for Vermin Control

DANCING SCHOOLS, DANCE HALLS AND NIGHT CLUBS Sanitary Permit Maintained clean and sanitary adequate potable water and toilet facilities There shall be no private rooms or separate compartments for public use except those used for lavatories, dressing rooms, bars and kitchens No person shall employed as hostess or cook or bartender or waiter without first securing a health certificate from the local health authority The storage, preparation and serving of food and drinks shall be in accordance with the provisions prescribed in Chapter III of this Code

TONSORIAL AND BEAUTY ESTABLISHMENTS Sanitary Permit Maintained clean and sanitary No person shall be employed to service customers without a health certificate issued by the local health authority. Employees are required to observe correct sanitary practices

MASSAGE CLINICS AND SAUNA BATH ESTABLISHMENTS Sanitary Permit rooms shall be properly lighted and ventilated massage rooms shall be adequately ventilated, provided with a sliding curtain at the entrance and equipped with a suitable and clean massage table Sanitary and adequate handwashing, bath and toilet facilities shall be available Customers shall be provided with soap, clean towels, sanitized rubber or plastic slippers. They shall be required to take a thorough bath before massage. establishment and its premises shall be maintained clean and sanitary at all times BOARDING, OR

HOTELS, MOTELS AND APARTMENTS, LODGING, TENEMENT HOUSES, AND CONDOMINIUMS

Sanitary permit adequate water supply, toilet and bath facilities Establishments and their premises shall be kept clean and sanitary at all times. Periodic insect and vermin control measures shall be undertaken Animals, fowls and pets shall be housed in appropriate kennels or cages separate from living quarters. No person shall be employed in establishments without first procuring a health certificate from the local health authority

PORT, AIRPORT, VESSEL AND AIRCRAFT SANITATION

potable drinking water and wholesome food supplied from sources approved by the Secretary or his duly authorized representative available to as many ports and airports as practicable organized medical and health services with adequate staff, equipment and facilities for the prompt isolation and care of infected persons, disinfection, disinsecting, deratting, laboratory examination, collection and examination of rodents for plague infection, collection of water and food samples for examination Keep port and airport installation free of rodents. Facilities shall be provided for immunizations required in international travel. Kept free from mosquito vectors of yellow fever, malaria and other diseases of epidemiological significance. DISPOSAL, EXCRETA DISPOSAL AND

SEWAGE COLLECTION AND DRAINAGE

Maintenance of public sewage system Compliance with proper sewage and septic tank requirements Approved excreta disposal facilities

REFUSE DISPOSAL Refuse is an inclusive term for all solid waste products consisting of garbage, rabbish, ashes, night soil, manure, dead animals, street sweepings and industrial wastes. Cities and municipalities shall provide an adequate and efficient system of collecting, transporting and disposing refuse in their areas of jurisdiction in a manner approved by the local health authority. Occupants of buildings and residences shall provide a sufficient number of receptacles for refuse, which will be protected from vermin Refuse shall not be thrown in any street, sidewalk, yard, park or any body of water Streets shall be kept clean by occupants or owners of properties lining the street from the line of the property to the middle of the street and from one property to the other. Parks, plazas and streets adjacent to public buildings shall be kept clean by the local government concerned

NUISANCES AND OFFENSIVE TRADES AND OCCUPATIONS Nuisance Anything that injures health, endangers life, offends the senses or produces discomfort to the community Offensive trades or occupations: Soap boiling, Guts cleaning, Boiling of offal, bones, fat or lard, Manufacturing of glue or fertilizer, Skin curing, Scrap processing, Manure storing, Lime burning, Lye making, Any manufacturing process in which lead, arsenic, mercury, phosphorous, or other poisonous substance is used. Nuisances: 1. Public or private premises maintained and used in a manner injurious to health 2. Breeding places and harborages of vermin 3. Animals and their carcasses which are injurious to health 4. Accumulation of refuse 5. Noxious matter or waste water discharged improperly in streets 6. Animals stockage maintained in a manner injurious to health 7. Excessive noise 8. Illegal shanties in public or private properties DISPOSAL OF DEAD PERSONS 7

It shall be unlawful for any person to bury remains in places other than those legally authorized A burial ground shall at least be 25 meters distant from any dwelling house and no house shall be constructed within the same distance from any burial ground. No burial ground shall be located within 50 meters from either side of a river or within 50 meters from any source of water supply. Compliance with burial requirements such as death certificate, proper depth of graves, shipment of remains abroad shall governed by Bureau of Quarantine Except when required by legal investigation or when permitted by the local health authority, no unembalmed remains shall remain unburied longer than 48 hours after death When the cause of death is a dangerous communicable disease, the remains shall be buried within 12 hours after death. They shall not be taken to any place of public assembly. Only the adult members of the family of the deceased may be permitted to attend the funeral. In case of disinterment, it must comply with the following requirements: 1. Permission to disinter remains of persons who died of non-dangerous communicable diseases may be granted after a burial period of three years 2. Permission to disinter remains of person who died of dangerous communicable diseases may be granted after a burial period of five years. 3. For earlier period, subject to approval of Regional Director 4. the remains shall be disinfected and places in a durable and sealed container prior to their final disposal

Funeral and Embalming Establishments are subject to sanitary permit and licensing requirements Special Precautions for cadavers containing radioactive isotopes Local Governments are required to reserve appropriate tracts of land under their jurisdiction, for cemeteries subject to approval of Regional Directors concerned

(d) P.D. No. 979, Marine Pollution Decree Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping but does not include discharge of effluents from industrial or manufacturing establishments, or mill Dumping" means any deliberate disposal at sea and into navigable waters of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea, including the disposal of wastes or other matter directly arising from or related to the exploration, exploitation and associated offshore processing of sea bed mineral resources unless the same is permitted and/or regulated under this decree: Provided, That it does not mean a disposition of any effluent from any outfall structure to the extent that such disposition is regulated under the provisions of Republic Act Numbered Three Thousand Nine Hundred Thirty-One, nor does it mean a routine discharge of effluent or other matter incidental to the propulsion of, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment Oil" means oil of any kind or in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredge spoil Refuse" means garbage, waste, wood residues, sand, lime cinders ashes, offal, nightsoil, tar, dye staffs, acids, chemicals and substances other than sewage and industrial wastes that may cause pollution. PROHIBITED ACTS 8

1. discharge, dump or suffer, permit the discharge of oil, noxious gaseous and liquid substances and other harmful substances from or out of any ship, vessel, barge, or any other floating craft, or other man-made structures at sea, by any method, means or manner, into or upon the territorial and inland navigable waters of the Philippines 2. throw, discharge or deposit, dump, or cause suffer or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of vessel of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into tributary of any navigable water from which the same shall float or be washed into such navigable water 3. . deposit or cause, suffer or procure to be deposited material of any kind in any place on the bank of any navigable water or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed or increased the level of pollution of such water. Exceptions: 1. In cases of emergency imperiling life or property, or unavoidable accident, collision, or stranding or, 2. in any cases which constitute danger to human life or property or a real threat to vessels, aircraft, platforms, or other man-made structure, 3. or if dumping appears to be the only way of averting the threat and if there is probability that the damage consequent upon such dumping will be less than would otherwise occur, 4. and except as otherwise permitted by regulations prescribed by the National Pollution Control Commission or the Philippine Coast Guard (e) P.D. No. 1067, Water Code; Subject to the provisions of this Code concerning the control, protection, conservation, and regulation of the appropriation and use of waters, any person may appropriate or use natural bodies of water without securing a water permit for any of the following: (a) Appropriation of water by means of handcarried receptacles; and (b) Bathing or washing, watering or dipping of domestic or farm animals, and navigation of watercrafts or transportation of logs and other objects by flotation. WATER PERMIT Only citizens of the Philippines, of legal age, as well as juridical persons, who are duly qualified by law to exploit and develop water resources, may apply for water permits All water permits granted shall be subject to conditions of beneficial use, adequate standards of design and construction, and such other terms and conditions as may be imposed by the Council. The measure and limit of appropriation of water shall be beneficial use. Beneficial use of water is the utilization of water in the right amount during the period that the water is needed for producing the benefits for which the water is appropriated. 9

Water permits shall continue to be valid as long as water is beneficially used; however, it maybe suspended on the grounds of non-compliance with approved plans and specifications or schedules of water distribution; use of water for a purpose other than that for which it was granted; non-payment of water charges; wastage; failure to keep records of water diversion, when required; and violation of any term or condition of any permit or rules and regulations promulgated by the Council. Water permits may be revoked after due notice and hearing on grounds of nonuse; gross violation of the conditions imposed in the permit; unauthorized sale of water; willful failure or refusal to comply with rules and regulations of any lawful order; pollution, public nuisance or acts detrimental to public health and safety; when the appropriator is found to be disqualified under the law to exploit and develop natural resources of the Philippines; when, in the case, of irrigation, the land is converted to non-agricultural purposes; and other similar grounds. HYDRAULIC WORKS

In the construction and operation of hydraulic works, due consideration shall be given to the preservation of scenic places and historical relics and, in addition to the provisions of existing laws, no works that would required the destruction or removal of such places or relics shall be undertaken without showing that the distribution or removal is necessary and unavoidable. Authority for the construction of dams, bridges and other structures across of which may interfere with the flow of navigable or flotable waterways shall first be secured from the Department of Public Works, Transportation and Communications. Except in cases of emergency to save life or property, the construction or repair of the following works shall be undertaken only after the plans and specifications therefor, as may be required by the Council, are approved by the proper government agency; dams for the diversion or storage of water; structures for the use of water power, installations for the utilization of subterranean or ground water and other structures for utilization of water resources. DEVELOPMENT OF HOT SPRINGS

No excavation for the purpose of emission of a hot spring or for the enlargement of the existing opening thereof shall be made without prior permit. STREAMS, RIVERS, LAGOON, LAKES OR SPRINGS

No person shall develop a stream, lake, or spring for recreational purposes without first securing a permit from the Council. No person shall raise or lower the water level of a river stream, lake, lagoon, or marsh nor drain the same without a permit. The banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins are subject to the easement of public use in the interest of recreation, navigation, floatage, fishing and salvage. No person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any kind. River beds, sand bars and tidal flats may not be cultivated except upon prior permission from the Secretary of the Department of Public Works, Transportation and Communication and such permission shall not be granted where such cultivation obstructs the flow of water or increase flood levels so as to cause damage to other areas.

INDUCEMENT OF RAINFALL 10

Unless-otherwise ordered by the President of the Philippines and only in time of national calamity or emergency, no person shall induce or restrain rainfall by any method such as cloud seeding without a permit from the proper government emergency. CONSERVATION AND PROTECTION OF WATERS AND WATERSHEDS AND RELATED LAND RESOURCES Water pollution - impairment of the quality of water beyond a certain standard. This standard may vary according to the use of the water and shall be set by the National Pollution Control Commission.

After due notice and hearing when warranted by circumstances, minimum stream flows for rivers and streams, and minimum water levels for lakes may be established by the Council under such conditions as may be necessary for the protection of the environment, control of pollution, navigation, prevention of salt damage, and general public use. Any watershed or any area of land adjacent to any surface water or overlying any ground water may declared by the Department of Natural Resources as protected area Rules and regulations may be promulgated by such Department to prohibit or control such activities by the owners or occupants thereof within the protected area which may damage or cause the deterioration of the surface water or ground water or interfere with the investigation, use, control, protection, management or administration of such waters. It shall be the duty of any person in control of a well to prevent the water from flowing on the surface of the land, or into any surface water, or any porous stratum underneath the surface without being beneficially used It shall be the duty of any person in control of a well containing water with minerals or other substances injurious to man, animals, agriculture, and vegetation to prevent such waters from flowing on the surface of the land or into any surface water or into any other aquifer or porous stratum No person shall utilize an existing well or pond or spread waters for recharging subterranean or ground water supplies without prior permission of the Council. To promote better water conservation and usage for irrigation purposes, the merger of irrigation associations and the appropriation of waters by associations instead of by individuals shall be encouraged. No water permit shall be granted to an individual when his water requirement can be supplied through an irrigation association. In the consideration of a proposed water resource project, due regard shall be given to ecological changes resulting from the construction of the project in order to balance the needs of development and the protection of the environment. The conservation of fish and wildlife shall receive proper consideration and shall be coordinated with other features of water resources development programs to insure that fish and wildlife values receive equal attention with other project purposes. Swamps and marshes which are owned by the State and which primary value for waterfowl propagation or other wildlife purposes may be reserved and protected from drainage operation and development. No person shall, without prior permission from the National Pollution Control Commission, build any works that may produce dangerous or noxious substances or perform any act which may result in the introduction of sewage, industrial waste, or any pollutant into any source of water supply. The establishment of cemeteries and waste disposal areas that may affect the source of a water supply or a reservoir for domestic or municipal use shall be subject to the rules and regulations promulgated by the Department of Health. Tailings from mining operations and sediments from placer mining shall not be dumped into rivers and waterways without prior permission from the Council upon recommendation by the National Pollution Control Commission.

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The application of agricultural fertilizers and pesticides may be prohibited or regulated by the National Pollution Control Commission in the areas where such application may cause pollution of a source of water supply

(f) P.D. No. 1151, Philippine Environmental Policy of 1977 Pursuant to the above enunciated policies and goals, all agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations, firms and entities shall prepare, file and include in every action, project or undertaking which significantly affects the quality of the environment a detailed statement on: a. the environmental impact of the proposed action, project or undertaking; b. any adverse environmental effect which cannot be avoided should the proposal be implemented; c. alternative to the proposed action; d. 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 of the same; and e. whenever a proposal involves the use of depletable or nonrenewable resources, a finding must be made that such use and commitment are warranted. Before an environmental impact statement is issued by a lead agency, all agencies having jurisdiction over, or special expertise on, the subject matter involved shall comment on the draft environmental impact statement made by the lead agency within thirty (30) days from the receipt of the same. (g) P.D. No. 1433, Plant Quarantine Law of 1978 "Plants" shall compromise living plants and parts thereof, including seeds, cuttings, rhizomes, bulbs and corns, grafts, leaves, roots, scions and others that are capable of propagation. "Plant Products" shall mean products derived from plants, either in their natural state or in manufactured or processed form and are capable of harboring plant pests. "Potential Animal Pest" shall compromise certain species of animal that are liable to become agricultural crop pests such as insects, monkeys, rodents, bats, finches, rabbits, snails and other forms of animal life capable of causing injury to agricultural crops. "Packing Materials" includes leaves, straw, bark and other plant materials used as wrapping, packing, or converting and are capable of harboring plant pets. "Plant Pest" any form of plant or animal life, or any pathogenic agent, injurious or potentially injurious to plants and/or plant products. The importation and/or introduction into the Philippines of plants, plant products, soil, packing materials of plant origin capable of harboring and are a source of medium of infection/infestation of plant pests, is hereby restricted subject to such 12

quarantine orders, rules and regulations as may be promulgated, from time to time, by the Director with the approval of the Secretary of Agriculture. The importation of certain species of animals which are liable to become agricultural crop pests and are capable of causing injury to agricultural crops, is hereby prohibited. However, importation in limited quantities for a justifiable purpose and upon a written permit from the Director of Plant Industry, may be allowed. The Director and/or Plant Quarantine Officers shall cause the inspection and phytosanitary certification of all plants, plant products and other related materials capable of harboring plant pests, if the importing country so requires. Commodities mentioned under Section 3 and 4 of this Decree, as well as, food provisions of plant origin and plant ornaments on board carriers, that are in transit shall be required of a clearance from the Plant Quarantine Officers assigned at the port concerned. In order to prevent and arrest the spread to other areas, of injurious plant pests existing in certain localities within the Philippines, the Director, and/or the Plant Quarantine Officers shall cause the inspection; treatment, if necessary; and certification of plants and plant products involved in the movement from one locality to another within the country.

(h) P.D. No. 1586, Establishing an Environmental Impact Statement System Including Other Environmental Management Related Measures and for Other Purposes; There is hereby established an Environmental Impact Statement System founded and based on the environmental impact statement required, under Section 4 of Presidential Decree No. 1151, of all agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations, firms and entities, for every proposed project and undertaking which significantly affect the quality of the environment. The President of the Philippines may, on his own initiative or upon recommendation of the National Environmental Protection Council, by proclamation declare certain projects, undertakings or areas in the country as environmentally critical. No person, partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly authorized representatives. For the proper management of said critical project or area, the President may by his proclamation reorganize such government offices, agencies, institutions, corporations or instrumentalities including the re-alignment of government personnel, and their specific functions and responsibilities. R.A. No. 3571, Prohibition Against the Cutting, 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 in any Other Public Ground; No cutting, 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 in any other public ground shall be permitted save when the cutting, destroying, or injuring of same is necessary for public safety, or such pruning of same is necessary to enhance its beauty and only upon the recommendation of the committee mentioned in the preceding section, and upon the approval of the Director of Parks and Wildlife. The cutting, destroying, or pruning shall be under the supervision of the committee.

(i)

(j) R.A. No. 4850, Laguna Lake Development Authority Act

To make a comprehensive survey of the physical and natural resources and potentialities of the Laguna Lake region particularly its social and economic conditions, hydrologic characteristics, power potentials, scenic and tourist 13

spots, regional problems, and on the basis thereof, to draft a comprehensive and detailed plan designed to conserve and utilize optimally the resources within the region particularly Laguna de Bay to promote the region's rapid social and economic development and upon approval by the National Economic and Development Authority (NEDA) Board of such plan, to implement the same including projects in line with said plan: Provided, That implementation of all fisheries plans and programs of the authority shall require prior consensus of the Bureau of Fisheries and Aquatic Resources to ensure that such plans and programs are consistent with the national fisheries plans and programs. For the purpose of said survey, public agencies shall submit and private entities shall provide necessary data except such data which under existing laws are deemed inviolable. To provide the machinery for extending the necessary planning, management and technical assistance to prospective and existing investors in the region; To make recommendation to the proper agencies on the peso or dollar financing, technical support, physical assistance and, generally, the level of priority to be accorded agricultural, industrial and commercial projects, soliciting or requiring direct help from or through the government or any of its instrumentalities; To pass upon and approve or disapprove all plans, programs, and projects proposed by local government offices/agencies within the region, public corporations, and private persons or enterprises where such plans, programs and/or projects are related to those of the Authority for the development of the region as envisioned in this Act. The Authority shall issue the necessary clearance for approved proposed plans, programs, and projects within thirty days from submission thereof unless the proposals are not in consonance with those of the Authority or that those will contribute to the unmanageable pollution of the Laguna Lake waters or will bring about the ecological imbalance of the region: Provided, further, That the Authority is hereby empowered to institute necessary legal proceeding against any person who shall commence to implement or continue implementation of any project, plan or program within the Laguna de Bay region without previous clearance from the Authority: Provided, furthermore, That any local government office, agency, public corporation, private person, or enterprise whose plans, programs and/or projects have been disapproved by the Authority may appeal the decision of the Authority to the NEDA within fifteen (15) days from receipt of such disapproval whose decision on the matter shall be final. Reasonable processing fees as may be fixed by the Authority's Board of Directors shall be collected by the Authority for the processing of such plans, programs and/or projects: Provided, finally, The expansion plans shall be considered as new plans subject to review of the Authority and to payment of the processing fees. The Authority and national and local government offices, agencies and public corporations shall coordinate their plans, programs, projects and licensing procedures with respect to the Laguna Lake region for the purpose of drawing up a Laguna Lake development plan which shall be binding upon all parties concerned upon approval of the NEDA board. To engage in agriculture, industry, commerce, or other activities within the region which may be necessary or directly contributory to the socio-economic development of the region, and, for this purposes, whether by itself or in cooperation with private persons or entities, to organize, finance, invest in, and operate subsidiary corporations: Provided, That the Authority shall engage only, unless public interest requires otherwise, in those activities as are in the nature of new ventures or are clearly beyond the scope, capacity, or interest or private enterprises due to consideration of geography, technical or capital requirements, returns on investment, and risk; To plan, program finance/or undertake infrastructure projects such as river, flood and tidal control works, waste water and sewerage works, water supply, roads, portworks, irrigation, housing and related works, when so required within the context of its development plans and programs including the readjustment, relocation or settlement of population within the region as may 14

be necessary and beneficial by the Authority: Provided, That should any project be financed wholly or in part by the Authority, it is hereby authorized to collect reasonable fees and tolls as may be fixed by its Board of Directors subject to the approval of the NEDA Board from users and/or beneficiaries thereof to recover costs of construction, operation and maintenance of the projects: Provided, further, That if the Authority should find it necessary to undertake such infrastructure projects which are classified, as social overhead capital projects as determined by the NEDA, the Authority shall be authorized to receive financial assistance from the government in such amount as may be necessary to carry out the said projects subject to such terms and condition that may be imposed by the government, upon recommendation of the NEDA Board: Provided, finally, That such amount as may be necessary for the purpose is hereby authorized to be appropriated out of the funds of the National Treasury not otherwise appropriated. To reclaim or cause to the reclaimed portions of the Lake or undertake reclamation projects and/or acquire such bodies of land from the lake which may be necessary to accomplish the aims and purposes of the Authority subject to the approval of the NEDA Board: Provided, That the land so reclaimed shall be the property of the Authority and title thereto shall be vested in the Authority: Provided, further, That the resulting lake shore shall continue to be owned by the national government. The provisions of existing laws to the contrary notwithstanding, to engage in fish production and other aqua-culture projects in Laguna de Bay and other bodies of water within its jurisdiction and in pursuance thereof to conduct studies and make experiments, whenever necessary, with the collaboration and assistance of the Bureau of Fisheries and Aquatic Resources, with the end in view of improving present techniques and practice. Provided, That until modified, altered or amended by the procedure provided in the following subparagraph, the present laws, rules and permits or authorizations remain in force For the purpose of effectively regulating and monitoring activities in Laguna de Bay, the Authority shall have exclusive jurisdiction to issue new permit for the use of the lake waters for any projects or activities in or affecting the said lake including navigation, construction, and operation of fishpens, fish enclosures, fish corrals and the like, and to impose necessary safeguards for lake quality control and management and to collect necessary fees for said activities and projects: Provided, That the fees collected for fisheries may be shared between the Authority and other government agencies and political sub-divisions in such proportion as may be determined by the President of the Philippine upon recommendation of the Authority's Board: Provided, further, That the Authority's Board may determine new areas of fisheries development or activities which it may place under the supervision of the Bureau of Fisheries and Aquatic taking into account the overall development plans and programs for Laguna de Bay and related bodies of water: Provided, finally, That the Authority shall subject to the approval of the President of the Philippines promulgate such rules and regulations which shall govern fisheries development activities in Laguna de Bay which shall take into consideration among others the following: socioeconomic amelioration of bonafide resident fisherman whether individually or collectively in the form of cooperatives, lakeshore town development, a master plan for fishpen construction and operation, communal fishing ground for lakeshore town residents, and preference to lakeshore town residents in hiring laborers for fishery projects. To require the cities and municipalities embraced within the region to pass appropriate zoning ordinances and other regulatory measures necessary to carry out the objectives of the Authority and enforce the same with the assistance of the Authority. The provisions of existing laws to the contrary notwithstanding, to exercise water rights over public waters within the Laguna de Bay region whenever necessary to carry out the Authority's projects; 15

To act in coordination with existing governmental agencies in establishing water quality standards for industrial, agricultural and municipal waste discharges into the lake and to cooperate with said existing agencies of the government of the Philippines in enforcing such standards, or to separately pursue enforcement and penalty actions as provided for in Sec. 4(d) and Sec. 39-A of this Act: Provided, That in case of conflict on the appropriate water quality standard to be enforced such conflict shall be resolved thru the NEDA Board; To develop water supply from ground and/or lake water resources for municipal, agricultural and industrial usages, in coordination with the National Water Resources Council created by Presidential Decree No. 424 dated March 28, 1974 or its successors in interests, and to enter into agreements with municipalities, governmental agencies and corporations and the private sector to supply, distribute and market such water; Undertake studies on the improvement and maintenance of the desirable lake water quality of Laguna de Bay, and in pursuance thereof, prepare a water quality management program on a continuing basis, subject to the approval of the NEDA, which the Authority shall carry out with the assistance and support of all national and local government units involved in water quality management.

(k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act Before any new chemical substance or mixture can be manufactured, processed or imported for the first time as determined by the Department of Environment and Natural Resources, the manufacturer, processor or importer shall submit the following information: the name of the chemical substance or mixture; its chemical identity and molecular structure; proposed categories of use; an estimate of the amount to be manufactured, processed or imported; processing and disposal thereof; and any test data related to health and environmental effects which the manufacturer, processor or importer has. The Secretary of Environment and Natural Resources or his duly authorized representatives shall, within ninety (90) days from the date of filing of the notice of manufacture, processing or importation of a chemical substance or mixture, decide whether or not to regulate or prohibit its importation, manufacture, processing, sale, distribution, use or disposal. The Secretary may, for justifiable reasons, extend the ninety-day pre-manufacture period within a reasonable time.

CHEMICALS SUBJECT TO TESTING There is a reason to believe that the chemical substance or mixture may present an unreasonable risk to health or the environment or there may be substantial human or environmental exposure thereto There are insufficient data and experience for determining or predicting the health and environmental effects of the chemical substance or mixture The testing of the chemical substance or mixture is necessary to develop such data. The manufacturers, processors or importers shall shoulder the costs of testing the chemical substance or mixture that will be manufactured, processed or imported.

PROHIBITED ACTS Knowingly use a chemical substance or mixture which is imported, manufactured, processed or distributed in violation of this Act or implementing rules and regulations or orders;

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Failure or refusal to submit reports, notices or other information, access to records as required by this Act, or permit inspection of establishment where chemicals are manufactured, processed, stored or otherwise held Failure or refusal to comply with the pre-manufacture and pre-importation requirements Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing into Philippine territory, including its maritime economic zones, even in transit, either by means of land, air or sea transportation or otherwise keeping in storage any amount of hazardous and nuclear wastes in any part of the Philippines.

(l) R.A. No. 7076, Peoples Small-Scale Mining Act Small-scale mining" refers to mining activities which rely heavily on manual labor using simple implement and methods and do not use explosives or heavy mining equipment; "Small-scale miners" refer to Filipino citizens who, individually or in the company of other Filipino citizens, voluntarily form a cooperative duly licensed by the Department of Environment and Natural Resources to engage, under the terms and conditions of a contract, in the extraction or removal of minerals or orebearing materials from the ground; "Small-scale mining contract" refers to co-production, joint venture or mineral production sharing agreement between the State and a small-scale mining contractor for the small-scale utilization of a plot of mineral land; "Small-scale mining contractor" refers to an individual or a cooperative of smallscale miners, registered with the Securities and Exchange Commission or other appropriate government agency, which has entered into an agreement with the State for the small-scale utilization of a plot of mineral land within a people's small-scale mining area; Declaration of People's Small-scale Mining Areas. The Board is hereby authorized to declare and set aside people's small-scale mining areas in sites onshore suitable for small-scale mining, subject to review by the Secretary, immediately giving priority to areas already occupied and actively mined by small-scale miners before August 1, 1987: Provided, That such areas are not considered as active mining areas: Provided, further, That the minerals found therein are technically and commercially suitable for small-scale mining activities: Provided, finally, That the areas are not covered by existing forest rights or reservations and have not been declared as tourist or marine reserved, parks and wildlife reservations, unless their status as such is withdrawn by competent authority. Future People's Small-scale Mining Areas. The following lands, when suitable for small-scale mining, may be declared by the Board as people's small scale mining areas:

(a) Public lands not subject to any existing right (b) Public lands covered by existing mining rights which are not active mining areas; and (c) Private lands, subject to certain rights and conditions, except those with substantial improvements or in bona fide and regular use as a yard, stockyard, garden, plant nursery, plantation, cemetery or burial site, or land situated within one hundred meters (100 m.) from such cemetery or burial site, water reservoir or a separate parcel of land with an area of ten thousand square meters (10,000 sq. m.) or less. Ancestral Lands. No ancestral land may be declared as a people's small-scale mining area without the prior consent of the cultural communities concerned: Provided, That, if ancestral lands are declared as people's smallscale mining areas, the members of the cultural communities therein shall be given priority in the awarding of small-scale mining contracts (m) R.A. No. 7586, National Integrated Protected Areas System Act including all laws, decrees, orders, proclamations and issuances establishing protected areas 17

Definition of Terms: Protected area refers to identified portions of land and water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation Buffer zones are identified areas outside the boundaries of and immediately adjacent to designated protected areas pursuant to Section 8 that need special development control in order to avoid or minimize harm to the protected area Indigenous cultural community refers to a group of people sharing common bonds of language, customs, traditions and other distinctive cultural traits, and who have, since time immemorial, occupied, possessed and utilized a territory; National park refers to a forest reservation essentially of natural wilderness character which has been withdrawn from settlement, occupancy or any form of exploitation except in conformity with approved management plan and set aside as such exclusively to conserve the area or preserve the scenery, the natural and historic objects, wild animals and plants therein and to provide enjoyment of these features in such areas Natural monument is a relatively small area focused on protection of small features to protect or preserve nationally significant natural features on account of their special interest or unique characteristics; Natural biotic area is an area set aside to allow the way of life of societies living in harmony with the environment to adapt to modem technology at their pace; Natural park is a relatively large area not materially altered by human activity where extractive resource uses are not allowed and maintained to protect outstanding natural and scenic areas of national or international significance for scientific, educational and recreational use Protected landscapes/seascapes are areas of national significance which are characterized by the harmonious interaction of man and land while providing opportunities for public enjoyment through recreation and tourism within the normal lifestyle and economic activity of these areas; Resource reserve is an extensive and relatively isolated and uninhabited area normally with difficult access designated as such to protect natural resources of the area for future use and prevent or contain development activities that could affect the resource pending the establishment of objectives which are based upon appropriate knowledge and planning Strict nature reserve is an area possessing some outstanding ecosystem, features and/or species of flora and fauna of national scientific importance maintained to protect nature and maintain processes in an undisturbed state in order to have ecologically representative examples of the natural environment available for scientific study, environmental monitoring, education, and for the maintenance of genetic resources in a dynamic and evolutionary state; Tenured migrant communities are communities within protected areas which have actually and continuously occupied such areas for five (5) years before the designation of the same as protected areas in accordance with this Act and are solely dependent therein for subsistence; and Wildlife sanctuary comprises an area which assures the natural conditions necessary to protect nationally significant species, groups of species, biotic communities or physical features of the environment where these may require specific human manipulation for the perpetuation. Protected areas, except strict nature reserves and natural parks, may be subjected to exploration only for the purpose of gathering information on energy resources and only if such activity is carried out with the least damage to surrounding areas. Surveys shall be conducted only in accordance with a program approved by the DENR, and the result of such surveys shall be 18

made available to the public and submitted to the President for recommendation to Congress. Any exploitation and utilization of energy resources found within NIPAS areas shall be allowed only through a law passed by Congress. PROHIBITED ACTS: Except as may be allowed by the nature of their categories and pursuant to rules and regulations governing the same, the following acts are prohibited within protected areas: 1. Hunting, destroying, disturbing, or mere possession of any plants or animals or products derived therefrom without a permit from the Management Board; 2. Dumping of any waste products detrimental to the protected area, or to the plants and animals or inhabitants therein; 3. Use of any motorized equipment without a permit from the Management Board; 4. Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural communities (of scenic value); 5. Damaging and leaving roads and trails in a damaged condition; 6. Squatting, mineral locating, or otherwise occupying any land; 7. Constructing or maintaining any kind of structure, fence or enclosures, conducting any business enterprise without a permit; 8. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in ground or in bodies of water; and 9. Altering, removing destroying or defacing boundary marks or signs.

(n) R.A. No. 7611, Strategic Environmental Plan for Palawan Act; Strategic Environmental Plan. A comprehensive framework for the sustainable development of Palawan compatible with protecting and enhancing the natural resources and endangered environment of the province is hereby adopted. Such framework shall be known as the Strategic Environmental Plan for Palawan, hereinafter referred to as SEP, and shall serve to guide the local government of Palawan and the government agencies concerned in the formulation and implementation of plans, programs and projects affecting said province. The SEP shall serve as the framework to guide the government agencies concerned in the formulation and implementation of plans, programs, and projects affecting the environment and natural resources of Palawan. It shall therefore be incorporated in the Regional Development Plan of Region IV as part of said plan. All local governments in Palawan and the concerned national and regional government agencies operating therein shall coordinate and align their projects and the corresponding budgets with the projects, programs and policies of the SEP, as administered and implemented by an administrative machinery hereinafter created. Environmentally Critical Areas Network (ECAN). The SEP shall establish a graded system of protection and development control over the whole of Palawan, including its tribal lands, forests, mines, agricultural areas, settlement areas, small islands, mangroves, coral reefs, seagrass beds and the surrounding sea. This shall be known as the Environmentally Critical Areas Network, hereinafter referred to as ECAN, and shall serve as the main strategy of the SEP. The ECAN shall ensure the following: 1. Forest conservation and protection through the imposition of a total commercial logging ban in all areas of maximum protection and in such other restricted use zones as the Palawan Council for Sustainable Development as hereinafter created may provide; 2. Protection of watersheds; 19

3. Preservation of biological diversity; 4. Protection of tribal people and the preservation of their culture; 5. Maintenance of maximum sustainable yield; 6. Protection of the rare and endangered species and their habitat; 7. Provision of areas for environmental and ecological research, education and training; and 8. Provision of areas for tourist and recreation. TERRESTRIAL ZONES: Area of maximum protection or core zone This zone shall be fully and strictly protected and maintained free of human disruption. Included here are all types of natural forest which include first growth forest, residual forest and edges of intact forest, areas above one thousand (1,000) meters elevation, peaks of mountains or other areas with very steep gradients, and endangered habitats and habitats of endangered and rare species. Exceptions, however, may be granted to traditional uses of tribal communities of these areas for minimal and soft impact gathering of forest species for ceremonial and medicinal purposes Buffer zone This area permits regulated use and may be further subdivided into three (3) sub-zones: a. Restricted use area. Generally surrounds the core zone and provides a protective barrier. Limited and nonconsumptive activities may be allowed in this area; b. Controlled use area. Encircles and provides the outer barrier to the core and restricted use areas. Controlled forest extraction, like the collecting of minor forest products, and strictly controlled logging and mining may be allowed; and c. Traditional use area. Edges of intact forests where traditional land use is already stabilized or is being stabilized. Management and control shall be carried out with the other supporting programs of the SEP. Multiple/manipulative use area. This is the area where the landscape has been modified for different forms of land use such as intensive timber extraction, grazing and pastures, agriculture and infrastructure development. Control and management shall be strictly integrated with the other supporting programs of the SEP and other similar programs of the Government.

COASTAL/MARINE ZONE A different and simplified scheme of management and zonation shall be applied to this component due to its geographical characteristics, critical nature, and patterns of resource use. Equitable access to the resource and management responsibility by the local community shall be the underlying management philosophy of this component. 1. Core zone. This are shall be designated free from any human activity. This includes sanctuaries for rare and endangered species, selected coral reefs, seagrass, and mangrove ecosystem reserves. 2. Multiple use zone. Aside from being the development area, this zone also serves as the buffer zone where fishery, mariculture, recreation, 20

rehabilitation of small islands and mangrove ecosystem, education and research are allowed. TRIBAL/ANCESTRAL LANDS Areas, traditionally occupied by cultural minorities, comprise both land and sea areas. These shall be treated in the same graded system of control and prohibition as in the others abovementioned except for stronger emphasis in cultural considerations. The SEP, therefore, shall define a special kind of zonation to fulfill the material and cultural needs of the tribes using consultative processes and cultural mapping of the ancestral lands.

(o) R.A. No. 7942, Philippine Mining Act All contractors and permittees shall strictly comply with all the mines safety rules and regulations as may be promulgated by the Secretary concerning the safe and sanitary upkeep of the mining operations and achieve wastefree and efficient mine development. Personnel of the Department involved in the implementation of mines safety, health and environmental rules and regulations shall be covered under Republic Act No. 7305. Every contractor shall undertake an environmental protection and enhancement program covering the period of the mineral agreement or permit. Such environmental program shall be incorporated in the work program which the contractor or permittee shall submit as an accompanying document to the application for a mineral agreement or permit. The work program shall include not only plans relative to mining operations but also to rehabilitation, regeneration, revegetation and reforestation of mineralized areas, slope stabilization of mined-out and tailings covered areas, aquaculture, watershed development and water conservation; and socioeconomic development.

REHABILITATION Contractors and permittees shall technically and biologically rehabilitate the excavated, mined-out, tailings covered and disturbed areas to the condition of environmental safety, as may be provided in the implementing rules and regulations of this Act. A mine rehabilitation fund shall be created, based on the contractors approved work program, and shall be deposited as a trust fund in a government depository bank and used for physical and social rehabilitation of areas and communities affected by mining activities and for research on the social, technical and preventive aspects of rehabilitation. Failure to fulfill the above obligation shall mean immediate suspension or closure of the mining activities of the contractor/permittee concerned. Areas Closed to Mining Applications a. In military and other government reservations, except upon prior written clearance by the government agency concerned; b. Near or under public or private buildings, cemeteries, archeological and historic sites, bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure projects, public or private works including plantations or valuable crops, except upon written consent of the government agency or private entity concerned; c. In areas covered by valid and existing mining rights; d. In areas expressedly prohibited by law; e. In areas covered by small-scale miners as defined by law unless 21

with prior consent of the small-scale miners, in which case a royalty payment upon the utilization of minerals shall be agreed upon by the parties, said royalty forming a trust fund for the socioeconomic development of the community concerned; and f. Old growth or virgin forests, proclaimed watershed forest reserves, wilderness areas, mangrove forests, mossy forests, national parks provincial/municipal forests, parks, greenbelts, game refuge and bird sanctuaries as defined by law and in areas expressly prohibited under the National Integrated Protected Areas System (NIPAS) under Republic Act No. 7586, Department Administrative Order No. 25, series of 1992 and other laws. QUARRYING Must have permit from provincial/city mining regulatory board privately-owned lands and/or public lands The maximum area which a qualified person may hold at any one time shall be five hectares (5 has.): Provided, That in large-scale quarry operations involving cement raw materials, marble, granite, sand and gravel and construction aggregates, a qualified person and the government may enter into a mineral agreement as defined herein

INDUSTRIAL SAND AND GRAVEL Any qualified person may be granted a permit by the provincial governor to extract and remove sand and gravel or other loose or unconsolidated materials which are used in their natural state, without undergoing processing from an area of not more than five hectares (5 has.) and in such quantities as may be specified in the permit.

CRIMINAL OFFENSES Any person who knowingly presents any false application, declaration, or evidence to the Government or publishes or causes to be published any prospectus or other information containing any false statement relating to mines, mining operations or mineral agreements, financial or technical assistance agreements and permits Any person undertaking exploration work without the necessary exploration permit Any person extracting minerals and disposing the same without a mining agreement, lease, permit, license, or steals minerals or ores or the products thereof from mines or mills or processing plants Any person who willfully destroys or damages structures in or on the mining area or on the mill sites Any person who willfully sets fire to any mineral stockpile, mine or workings, fittings or a mine, shall be guilty of arson Any person who willfully damages a mine, unlawfully causes water to run into a mine, or obstructs any shaft or passage to a mine, or renders useless, damages or destroys any machine, appliance, apparatus, rope, chain, tackle, or any other things used in a mine Any person who, without justifiable cause, prevents or obstructs the holder of any permit, agreement or lease from undertaking his mining operations Any person who willfully violates or grossly neglects to abide by the terms and conditions of the environmental compliance certificate issued to said person and which causes environmental damage through pollution Any person who illegally prevents or obstructs the Secretary, the Director or any of their representatives in the performance of their duties under the provisions of this Act and of the regulations promulgated hereunder (p) R.A. No. 8371, Indigenous Peoples Rights Act

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Indigenous Concept of Ownership.- Indigenous concept of ownership sustains the view that ancestral domains and all resources found therein shall serve as the material bases of their cultural integrity. The indigenous concept of ownership generally holds that ancestral domains are the ICC's/IP's private but community property which belongs to all generations and therefore cannot be sold, disposed or destroyed. It likewise covers sustainable traditional resource rights. Unauthorized and unlawful intrusion upon, or use of any portion of the ancestral domain, or any violation of the rights herein before enumerated, shall be punishable under this law. Furthermore, the Government shall take measures to prevent non-ICCs/IPs from taking advantage of the ICCs/IPs customs or lack of understanding of laws to secure ownership, possession of land belonging to said ICCs/IPs. Environmental Consideration.- Ancestral domains or portion thereof, which are found necessary for critical watersheds, mangroves wildlife sanctuaries, wilderness, protected areas, forest cover, or reforestation as determined by the appropriate agencies with the full participation of the ICCs/IPs concerned shall be maintained, managed and developed for such purposes. The ICCs/IPs concerned shall be given the responsibility to maintain, develop, protect and conserve such areas with the full and effective assistance of the government agencies. Should the ICCs/IPs decide to transfer the responsibility over the areas, said decision must be made in writing. The consent of the ICCs/IPs should be arrived at in accordance with its customary laws without prejudice to the basic requirement of the existing laws on free and prior informed consent: Provided, That the transfer shall be temporary and will ultimately revert to the ICCs/IPs in accordance with a program for technology transfer: Provided, further, That no ICCs/IPs shall be displaced or relocated for the purpose enumerated under this section without the written consent of the specific persons authorized to give consent. RIGHTS OVER ANCESTRAL DOMAIN 1. The right to claim ownership over lands, bodies of water traditionally and actually occupied by ICCs/IPs, sacred places, traditional hunting and fishing grounds, and all improvements made by them at any time within the domains 2. Right to Develop Lands and Natural Resources 3. Right to Stay in the Territories 4. In case displacement occurs as a result of natural catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable areas where they can have temporary life support system: Provided, That the displaced ICCs/IPs shall have the right to return to their abandoned lands until such time that the normalcy and safety of such lands shall be determined. 5. Right to Regulate Entry of Migrants 6. Right to Safe and Clean Air and Water 7. Right to Claim Parts of Reservations

Responsibilities of ICCs/IPs to their Ancestral Domains.- ICCs/IPs occupying a duly certified ancestral domain shall have the following responsibilities: Maintain Ecological Balance- To preserve, restore, and maintain a balanced ecology in the ancestral domain by protecting the flora and fauna, watershed areas, and other reserves; Restore Denuded Areas- To actively initiate, undertake and participate in the reforestation of denuded areas and other development programs and projects subject to just and reasonable remuneration; and Observe Laws- To observe and comply with the provisions of this Act and the rules and regulations for its effective implementation. (q) R.A. No. 8550, Philippine Fisheries Code Catch ceiling limitations prescribed by the Secretary of Agriculture Establishment of closed season in any or all Philippine waters outside the boundary of municipal waters and in bays, for conservation and ecological purposes Protection of Rare, Threatened and Endangered Species 23

Fish Refuge and Sanctuaries. - The Department may establish fish refuge and sanctuaries to be administered in the manner to be prescribed by the BFAR at least twenty-five percent (25%), but not more than forty percent (40%) of bays, foreshore lands, continental shelf or any fishing ground shall be set aside for the cultivation of mangroves to strengthen the habitat and the spawning grounds of fish. Within these areas not commercial fishing shall be allowed

PROHIBITED ACTS No person shall exploit, occupy, produce, breed, culture, capture or gather fish, fry or fingerlings of any fishery species or fishery products, or engage in any fishery activity in Philippine waters without a license, lease or permit It shall be unlawful for any commercial fishing vessel to fish in bays and in such other fishery management areas which may herein-after be declared as over exploited It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in any commercial fishing activity in municipal waters. It shall be unlawful for any foreign person, corporation or entity to fish or operate any fishing vessel in Philippine waters. It shall be unlawful for any person to catch, take or gather or cause to be caught, taken or gathered, fish or any fishery species in Philippine waters with the use of electricity, explosives, noxious or poisonous substance such as sodium cyanide in the Philippine fishery areas, which will kill, stupefy, disable or render unconscious fish or fishery species It will likewise be unlawful for any person, corporation or entity to possess, deal in, sell or in any manner dispose of, any fish or fishery species which have been illegally caught, taken or gathered. It shall be unlawful to engage in fishing using nets with mesh smaller than that with which may be fixed by the Department It shall be unlawful to engage in fishing in municipal waters and in all bays as well as other fishery management areas using active fishing gears as defined in this Code. Coral Exploitation and Importation Muro-ami and Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat It shall be unlawful for any person to convert mangroves into fishponds or for any other purposes. It shall be unlawful to fish in overfished area and during closed season It shall be unlawful to fish in fishery areas declared by the Department as fishery reserves, refuge and sanctuaries It shall be unlawful to fish or take rare, threatened or endangered species as listed in the CITES and as determined by the Department. It shall be unlawful for any person to catch, gather, capture or possess mature milkfish or "sabalo" and such other breeders or spawners of other fishery species as may be determined by the Department Exportation of breeders, spawners, eggs or fry Any importation or exportation of fish or fisheries species in violation of this Code It shall be unlawful for any person to fish in violation of catch ceilings Aquatic pollution, as defined in this Code shall be unlawful Failure to Comply with Minimum Safety Standards Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish Cages Gathering and Marketing of Shell Fishes Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages without license/permit Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew Obstruction of Defined Migration Paths (r) R.A. No. 8749, Clean Air Act

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Prohibition on Manufacture, Import and Sale of leaded Gasoline and of Engines and/or Components Requiring Leaded Gasoline.- Effective not later than eighteen (18) months after the enactment of this Act, no person shall manufacture, import, sell, offer for sale, introduce into commerce, convey or otherwise dispose of, in any manner, leaded gasoline and engines and components requiring the use of leaded gasoline. Ozone-Depleting Substances.- Consistent with the terms and conditions of the Montreal Protocol on Substances that Deplete the Ozone Layer and other international agreements and protocols to which the Philippines is a signatory, the Department shall phase out ozone-depleting substances.

PROHIBITED ACTS Violation of Standards for Stationary Sources.- For actual exceedance of any pollution or air quality standards under this Act or its rules and regulations Violation of Standards for Motor Vehicles.- No motor vehicle shall be registered with the DOTC unless it meets the emission standards set by the Department

Violation of Pollutant Limits: A. With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting air pollutants, the concentration at the point of emission shall not exceed the following limits
Pollutants Standard Applicable to Source Maximum Permissible Limits (mg/Ncm) 10 as Sb 10 as As 10 as Cd 500 as CO 100 ax Cu 50 as HF
c.d

Method of Analysisa AASb AASb AASb Orsat analysis AASb Titration with Ammonium Thiocyanate Cadmium Sulfide Method

1. Antimony and Its compounds any source 2. Arsenic and its compounds 4. Carbon Monoxide 5. Copper and its Compounds 6. Hydrofluoric Acids and Fluoride compounds 7. Hydrogen Sulfide Any source Any industrial Source Any industrial source Any source other than the manufacture of Aluminum from Alumina i) Geothermal Power Plants ii) Geothermal Exploration and welltesting iii) Any source other than (i) and (ii) 8. Lead 9. Mercury 10. Nickel and its compounds, except Nickel Carbonyl f 11. NOx Any trade, industry or process Any Source Any source i) Manufacture of Nitric Acid ii) Fuel burning steam generators Existing Source New Source Coal-Fired Oil-Fired iii) Any source other than (i) adn (ii) Existing Source New Source 12. Phosphorus Pentoxideg 13. Zinc and its Compounds Any source Any source 3. Cadmium and its compounds Any source

7 as H2S 10 as Pb 5 as elemental Hg 20 as Ni

Cadmium Sulfide Method AASb AASb/Cold-Vapor Technique or Hg Analyzer AASb

2,000 as acid and NOx and Phenol-disulfonic acid Method calculated as NO2 Phenol-disulfonic acid Method 1,500 as NO2 1,000 as NO2 500 as NO2 Phenol-disulfonic acid Method 1000 as NO2 500 as NO2 200 as P2O5 100 as Zn Spectrophotometry AASb

B. Maximum limits for sulfur oxides in said sources shall be:


(1) Existing Sources (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 2.0gm.Ncm as SO3

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(ii) Fuel burning Equipment (iii) Other Stationary Sourcesa (2) New Sources (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process (ii) Fuel Burning Equipment (iii) Other Stationary Sourcesa

1.5gm.Ncm as SO2 1.0gm.Ncm as SO3 1.5 gm.Ncm as SO3 0.7 gm.Ncm as SO2 0.2 gm.Ncm as SO3

C. For stationary sources of pollution not specifically included in the immediately preceding paragraph, the following emission standards shall not be exceeded in the exhaust gas: I. Daily And Half Hourly Average Values
Half Daily Hourly Average Average Values Values Total dust Gaseous and vaporous organic substances, expressed as total organic carbon Hydrogen chloride (HCl) Hydrogen fluoride (HF) Sulfur dioxide (SO2) Nitrogen monoxide (NO) and Nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity exceeding 3 tonnes per hour Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity of 3 tonnes per hour or less Ammonia 10 mg/m3 10 mg/m3 10 mg/m3 50 mg/m3 200 mg/m3 300 mg/m3 10 mg/m3 20 mg/m3 30 mg/m3 20 mg/m3 60 mg/m3 200 mg/m3 400 mg/m3

1 mg/m3 4 mg/m3

II. All the Average Values Over the Sample Period of a Minimum of 4 and Maximum of 8 Hours.
total 0.05 mg/m3 0.05 mg/m3 total 0.5 mg/m3

Cadmium and its compounds, expressed as cadmium (Cd) Thallium and its compounds, expressed as thallium (Tl) Mercury and its Compounds, expressed as mercury (Hg) Antimony and its compounds, expressed as antimony (Sb) Arsenic and its compounds, expressed as arsenic (As) Lead and its compounds, expressed as lead ( Pb) Chromium and its compounds, expressed as chromium (Cr) Cobalt and its compounds, expressed as cobalt (Co) Copper and its compounds, expressed as copper (Cu) Manganese and its compounds, expressed as manganese (Mn) Nickel and its compounds, expressed as nickel (Ni) Vanadium and its compounds, expressed as vanadium (V) Tin and its compounds, expressed as tin (Sn)

(s) R.A. No. 9003, Ecological Solid Waste Management Act Prohibition on the Use of Non-Environmentally Acceptable Packaging. - No person owning, operating or conducting a commercial establishment in the country shall sell or convey at retail or possess with the intent to sell or convey at retail any products that are 26

placed, wrapped or packaged in or on packaging which is not environmentally acceptable packaging Prohibition Against the Use of Open Dumps for Solid Waste. - No open dumps shall be established and operated, nor any practice or disposal of solid waste by any person, including LGUs, which constitutes the use of open dumps for solid wastes, be allowed after the effectivity of this Acts: Provided, That within three (3) years after the effectivity of this Act, every LGU shall convert its open dumps into controlled dumps, in accordance with the guidelines set in Sec. 41 of this Act: Provided, further, That no controlled dumps shall be allowed five (5) years following the effectivity of this Act. PROHIBITED ACTS: (1) Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same; (2) Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in established pursuant; (3) The open burning of solid waste; (4) Causing or permitting the collection of non-segregated or unsorted wastes; (5) Squatting in open dumps and landfills; (6) Open dumping, burying of biodegradable or non-biodegradable materials in flood prone areas; (7) Unauthorized removal of recyclable material intended for collection by authorized persons; (8) The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal; (9) Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in violation of Sec. 37; (10) The manufacture, distribution or use of non-environmentally acceptable packaging materials; (11) Importation of consumer products packaged in non-environmentally acceptable materials; (12) Importation of toxic wastes misrepresented as recyclable or with recyclable content; (13) Transport and dumplog in bulk of collected domestic, industrial, commercial, and institutional wastes in areas other than centers or facilities prescribe under this Act; (14) Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act and not conforming with the land use plan of the LGU; (15) The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps, or sanitary landfill; and (16) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir, or watershed area and or any portions thereof 27

(t) R.A. No. 9072, National Caves and Cave Resource Management Act PROHIBITED ACTS (a) Knowingly destroying, disturbing, defacing, marring, altering, removing, or harming the speleogem or speleothem of any cave or altering the free movement of any animal or plant life into or out of any cave; (b) Gathering, collecting, possessing, consuming, selling, bartering or exchanging or offering for sale without authority any, cave resource; andchan robles virtual law library (c) Counselling, procuring, soliciting or employing any other person to violate any provisions of Section 7, RA 9072 (u) R.A. No. 9147, Wildlife Conservation and Protection Act; Illegal Acts. - Unless otherwise allowed in accordance with this Act, it shall be unlawful for any person to willfully and knowingly exploit wildlife resources and their habitats, or undertake the following acts; 1. Killing and destroying wildlife species, except in the following instances; (i) when it is done as part of the religious rituals of established tribal groups or indigenous cultural communities; (ii) when the wildlife is afflicted with an incurable communicable disease; (iii) when it is deemed necessary to put an end to the misery suffered by the wildlife; (iv) when it is done to prevent an imminent danger to the life or limb of a human being; and (v) when the wildlife is killed or destroyed after it has been used in authorized research or experiments. 2. Inflicting injury which cripples and/or impairs the reproductive system of wildlife species; 3. Effecting any of the following acts in critical habitat(s) (i) dumping of waste products detrimental to wildlife; (ii) squatting or otherwise occupying any portion of the critical habitat; (iii) mineral exploration and/or extraction; (iv) burning; (v) logging; and (vi) quarrying 4. Introduction, reintroduction or restocking of wildlife resources; 5. Trading of wildlife; 28

6. Collecting, hunting or possessing wildlife, their by-products and derivatives; 7. Gathering or destroying of active nests, nest trees, host plants and the like; 8. Maltreating and/or inflicting other injuries not covered by the preceding paragraph; and 9. Transporting of wildlife.

(v) R.A. No. 9175, Chainsaw Act PROHIBITED ACTS: Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chain Saw Without a Proper Permit Unlawful Importation or Manufacturing of Chain Saw Tampering of Engine Serial Number Actual Unlawful Use of Chain Saw (w) R.A. No. 9275, Clean Water Act; PROHIBITED ACTS Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the water bodies or along the margins of any surface water, where, the same shall be liable to be washed into such surface water, either by tide action or by storm, floods or otherwise, which could cause water pollution or impede natural flow in the water body Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that would pollute groundwater. In the case of geothermal projects, and subject to the approval of the Department, regulated discharge for short- term activities (e.g. well testing, flushing, commissioning, venting) and deep re-injection of geothermal liquids may be allowed: Provided, That safety measures are adopted to prevent the contamination of the groundwater; Operating facilities that discharge regulated water pollutants without the valid required permits or after the permit was revoked for any violation of any condition therein Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of individuals on board the vessel is threatened by a great and imminent peril Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined under Republic Act No.9003 Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act No.6969 Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited chemicals, substances or pollutants listed under R. A. No. 6969 into water bodies or wherein the same shall be liable to be washed into such surface, ground, coastal, and marine water; Undertaking activities or development and expansion of projects, or operating wastewater/sewerage facilities in violation of Presidential Decree. No.1586 and its implementing rules, and regulations; Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or after the permit was revoked for any violation of condition therein Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a case, sanctions shall be imposed on the local government officials concerned Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act 29

Refusal to allow access by the Department to relevant reports and records in accordance with this Act Refusal or failure to submit reports whenever required by the Department in accordance with this Act Refusal or failure to designate pollution control officers whenever required by, the Department in accordance with this Act Directly using booster pumps in the distribution system or tampering with the water supply in such a way as to alter or impair the water quality (x) R.A. No. 9483, Oil Spill Compensation Act of 2007

Liability on Pollution Damage. - The Owner of the Ship at the time of an Incident, or where the Incident consists of a series of occurrences, at the time of the first such occurrence, shall be liable for any Pollution Damage caused by the Ship as a result of the Incident. Such damages shall include, but not limited to: (a) Reasonable expenses actually incurred in clean-up operations at sea or on shore; (b) Reasonable expenses of Preventive Measures and further loss or damage caused by preventive measures; (c) Consequential loss or loss of earnings suffered by Owners or users of property contaminated or damaged as a direct result of an Incident; (d) Pure economic loss or loss of earnings sustained by persons although the property contaminated or damaged as a direct result of an Incident does not belong to them; (e) Damage to human health or loss of life as a direct result of the Incident, including expenses for rehabilitation and recuperation: Provided, That costs of studies or diagnoses to determine the long-term damage shall also be included; and (f) Environmental damages and other reasonable measures of environmental restoration.

Maintenance of Compulsory Insurance or Other Financial Security. - AU Owners shall be required annually by the MARINA to maintain insurance or other financial security for Pollution Damage in the sums fixed by applying the limits of liability under Section 10 of this Act. Issuance of a Certificate. - A certificate attesting that an insurance or any other financial security is in force in accordance with the provisions of this Act shall be issued to each Ship carrying more than two thousand (2,000) tons of Oil in bulk as cargo by the MARINA. Enforcement. - Ship carrying more than two thousand (2,000) tons of Oil in bulk as cargo shall not be allowed entry into Philippine territory or its exclusive economic zone without a valid certificate of insurance or financial security for Pollution Damage required by this Act

PROHIBITED ACTS Any person who fails to institute or maintain insurance or other financial security; The Owner and the master of a Ship who operate a Ship without maintaining on board a certificate of insurance Any person required under Section 15 of this Act to contribute to the IOPC Fund but nevertheless fails to comply therewith after due notice by the MARINA Failure to Submit Report of Contributing Oil Any person who shall refuse, obstruct, or hamper the entry of the duly authorized representatives of the Department or any person authorized under this Act aboard any Ship or establishment pursuant to this Act Any Ship apprehended for violation of this Act may be subjected to detention 30

(y) Provisions in C.A. No. 141, The Public Land Act; R.A. No. 6657, Comprehensive Agrarian Reform Law of 1988; R.A. No. 7160, Local Government Code of 1991; R.A. No. 7161, Tax Laws Incorporated in the Revised Forestry Code and Other Environmental Laws (Amending the NIRC); R.A. No. 7308, Seed Industry Development Act of 1992; R.A. No. 7900, High-Value Crops Development

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