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ENVIRONMENTAL LAW
EXECUTIVE ORDER NO.79
INSTITUTIONALIZING AND IMPLEMENTING REFORMS IN THE PHILIPPINE MINING SECTOR PROVIDING
POLICIES AND GUIDELINE TO ENSURE ENVIRONMENTAL PROTECTION AND RESPONSIBLE MINING IN THE
UTILIZATION OF MMINERAL RESOURCES
– SECTION 1. Areas Closed to Mining Applications. Applications for mineral contracts, concessions, and
agreements shall not be allowed in the following:
• a) Areas expressly enumerated under Section 19 of RA No. 7942;
• b) Protected areas categorized and established under the National Integrated Protected Areas System (NIPAS) under RA
No. 7586;
• c) Prime agricultural lands, in addition to lands covered by RA No. 6657, or the Comprehensive Agrarian Reform Law of
1988, as amended, including plantations and areas devoted to valuable crops, and strategic agriculture and fisheries
development zones and fish refuge and sanctuaries declared as such by the Secretary of the Department of Agriculture
(DA);
• d) Tourism development areas, as identified in the National Tourism Development Plan (NTDP); and,
• e) Other critical areas, island ecosystems, and impact areas of mining as determined by current and existing mapping
technologies, that the DENR may hereafter identify pursuant to existing laws, rules, and regulations, such as, but not
limited to, the NIPAS Act.
Mining contracts, agreements, and concessions approved before the effectivity of this Order shall
continue to be valid, binding, and enforceable so long as they strictly comply with existing laws, rules,
and regulations and the terms and conditions of the grant thereof. For this purpose, review and
monitoring of such compliance shall be undertaken periodically.
• (
Chainsaw Act of 2002 or RA 9175
• "Chainsaw Act of 2002 or RA 9175" AN ACT
REGULATING THE OWNERSHIP, POSSESSION, SALE,
IMPORTATION AND USE OF CHAINSAWS, PENALIZING
VIOLATIONS THEREOF AND FOR OTHER PURPOSES.
• The Chain Saw Act of 2002 was made in order to
conserve, develop and protect the forest resources
under sustainable management. People should know
that there are responsibilities when owning a chainsaw
and that it shouldn't be used recklessly to cut trees. If
there are people who would dare break this rule, they
would be challenging the law.
REPUBLIC ACT NO. 9168
• AN ACT TO PROVIDE PROTECTION TO NEW PLANT VARIETIES, ESTABLISHING A NATIONAL PLANT VARIETY
PROTECTION BOARD AND FOR OTHER PURPOSES
– Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title.This Act shall be known and cited as the "Philippine Plant Variety Protection Act of 2002"
Sec. 2. Statement of Policies.
– a) The State recognizes that an effective intellectual property system in general and the development
of new plant variety in particular is vital in attaining food security for the country. To this end, it shall
protect and secure the exclusive rights of breeders with respect to their new plant variety
particularly when beneficial to the people for such periods as provided for in this Act.
– b) The use of intellectual property bears a socioeconomic function. To this end, the State shall
promote the diffusion of technology and information for the promotion of national development and
progress for the common good.
– c) The State recognizes the indispensable role of the private sector, encourages the participation of
private enterprises and provides incentives to needed investments in the development of new plant
varieties.
– d) The State recognizes that science and technology are essential for national development and
promotes the adaptation of technology and knowledge from all sources for the national benefit. The
State also recognizes the need to protect and secure the exclusive rights of scientists and other gifted
citizens to their intellectual property and creations.
– e) The State, while recognizing intellectual property rights in the field of agriculture, does so in a
manner supportive of and not inconsistent with its obligation to maintain a healthful ecology in
accord with the rhythm and harmony of nature.
(Republic Act No. 9154).
• Mt. Kanla-on Natural Park (MKNP) Act of 2001
– An Act establishing Mt. Kanla-on located in the cities of
Bago, La Carlota and San Carlos and in the municipalities of
La Castellana and Murcia, all in the province of Negros
Occidental, and in the city of Canlaon and municipality of
Vallehermoso, both in the province of Nergos oriental, as a
protected area and a peripheral area as buffer zone
providing for its management and for other purposes.
– Wild species & ecosystems
– Protected area Mountain area Institution Zoning
Ecosystem preservation
– This Act declares Mt. Kanla-on in the island of Negros to be
a protected area, under the category of a natural park
pursuant to the National Integrated Protected Areas
System (NIPAS) Act, and specifies the boundaries of the
area.
Republic Act No.9147
• Republic act no.9147 otherwise known as the Wildlife Resources Conservation and
Protection Act is an act providing for the conservation and protection of wildlife
resources and their habitats, appropriating funds therefor and for other purposes.
... to initiate or support scientific studies on the conservation of biological diversity
and Protection Act. (Republic Act No. 9147).
– An Act providing for the conservation and protection of wildlife resources and their habitats,
appropriating funds therefor and for other purposes.
– Basic legislation Biodiversity Biosphere reserves Birds Endangered species Mammals Turtles
Amphibians Aquatic animals Aquatic plants Ecosystem preservation Protected area Protection
of habitats Ranching/captive breeding Collecting/harvesting Hunting/capture Internal trade
International trade Keeping of live animals Research Stock enhancement/repopulation Use
restrictions Protection of species
– The Act provides for the conservation, preservation and protection of wildlife species and
their habitats, in order to preserve and encourage ecological balance and biological diversity;
it provides, furthermore, for the control and supervision of wildlife capture, hunting and
trade; finally it pprovides for supporting and promote scientific research on the protection of
biodiversity. The provisions of this Act shall apply to all wildlife species overall, including those
living in the protected
Republic Act No. 9072.
• National Caves and Cave Resources Management and Protection Act
– An Act to Manage and protect caves and cave resources and for other
purposes.
– Mineral resources, Wild species & ecosystems
– Minerals Exploration Management/conservation Protected area Research Soil
conservation/soil improvement Use restrictions Zoning
Classification/declassification Collecting/harvesting Cultural heritage
Ecosystem preservation Ex-situ conservation Monitoring Policy/planning
Tourism
– The Act provides for the conservation, protection and management of caves
and cave resources as part of the country's natural wealth.
– Cave definition is given as "any naturally occurring void, cavity, recess or
system of interconnected passages beneath the surface of the earth or within
a cliff or ledge and which is large enough to permit an individual to enter,
whether or not the entrance, located either in private or public land, is
naturally formed or man made. It shall include any natural pit
• Implemented by
– DENR Memorandum Circular No. 03 of 2012 approving the list of classified
national caves.
Ecological Solid Waste Management
Act of 2000
• Wastemismanagement hasserious environmental effectsmaking thepassage oftheRepublic Act (RA) 9003 or the
Ecological Solid Waste Management Act of2000 alandmarkenvironmental legislation inthe Philippines. Thelaw
was crafted inresponse to thelooming garbageproblems inthecountry. RA 9003 declares thepolicy of thestate in
adopting asystematic, comprehensive and ecological solid waste management program that ensuresthe protection
ofpublic health and the environment and the proper segregation, collection, transport, storage, treatment and
disposal of solid waste through theformulation and adoption ofbest environmental practices.Moreover, it
illustrates the potentials and benefits of recycling not only inaddressing waste management problems butalso in
alleviating poverty.
• RA 9003 was passed by the Philippine Congress on December 20,2000 and was subsequently approved by theOffice
ofthe Presidenton January 26,2001.Itcontains seven(7)chapters sub-divided into 66sections setting out policy
direction for aneffective solid waste management program inthe country.
• RA 9003 describes solid waste management as adiscipline associated withthe control ofgeneration, storage,
collection, transferand transport, processing, and disposal of solid wastes.Themanner by which theseactivities are
conducted shall beinaccord withthe best principles ofpublic health, economics, engineering, conservation,
aesthetics, other environmental considerations, and publicattitudes. TheAct provides for acomprehensive
ecological solid waste management program by creating thenecessary institutional mechanisms and incentives,
appropriating funds,declaring certainacts prohibited, and providing penalties.
Republic Act No. 8749
• , also known as the “Clean Air Act of 1999”, is
“AN ACT PROVIDING FOR A COMPREHENSIVE
AIR POLLUTION CONTROL POLICY AND FOR
OTHER PURPOSES”
THE PHILIPPINE FISHERIES CODE OF
1998
• RA 10654 also known as “AN ACT TO PREVENT,
DETER AND ELIMINATE ILLEGAL,
UNREPORTED AND UNREGULATED FISHING,
AMENDING REPUBLIC ACT NO. 8550,
OTHERWISE KNOWN AS “THE PHILIPPINE
FISHERIES CODE OF 1998," AND FOR OTHER
PURPOSES”
REPUBLIC ACT NO. 8172
• SEC. 6. Support to the Salt Industry. —
– The following agencies and institutions shall support the salt iodization
program through their respective internal programs.
– a) the DTI is hereby required to assist and support local salt
producers/manufacturers in upgrading their production technologies to
include iodization by helping them obtain soft loans and financial assistance
for the procurement of salt iodization machines, packaging equipment and
technology and fortificant and by ensuring the systematic distribution of the
iodized salt in the market.
– b) the Cooperative Development Authority (CDA) shall assist the formation of
cooperatives of local salt producers/manufacturers in order that they can
economically engage in salt iodization and distribution of iodized salt:
– c) the DOST in collaboration with the TLRC, shall develop and implement
comprehensive programs for the acquisition of design and manufacture of salt
iodization machines and transfer of salt iodization technology to small and
subsistence local salt producers/manufacturers; and
– d) the Department of Environment and Natural Resources (DENR) and other
appropriate government agencies shall identify areas that are suitable for use
as salt farms with the purpose of protecting such areas from environmental
risks to ensure sustainability of iodized salt production.
The Water Crisis Act of 1995
Republic Act No. 8041
• ]. In 1995, RA 8041 was enacted, seeking to
privatize state-run water facilities among other
mechanisms in order to address the nationwide
water crisis.
• It is in line with this that the government entered
a 25-year Concession Agreement with MWC and
Maynilad Water Services Incorporated .
• This state of privatized water makes MWC and
Maynilad resistant to government regulatory
mechanisms, and enables them to monopolize
sources, storage, distribution, and prices of water
ENVIRONMENTAL LAW [Autosaved].pptx
ENVIRONMENTAL LAW [Autosaved].pptx
ENVIRONMENTAL LAW [Autosaved].pptx
ENVIRONMENTAL LAW [Autosaved].pptx

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ENVIRONMENTAL LAW [Autosaved].pptx

  • 2. EXECUTIVE ORDER NO.79 INSTITUTIONALIZING AND IMPLEMENTING REFORMS IN THE PHILIPPINE MINING SECTOR PROVIDING POLICIES AND GUIDELINE TO ENSURE ENVIRONMENTAL PROTECTION AND RESPONSIBLE MINING IN THE UTILIZATION OF MMINERAL RESOURCES – SECTION 1. Areas Closed to Mining Applications. Applications for mineral contracts, concessions, and agreements shall not be allowed in the following: • a) Areas expressly enumerated under Section 19 of RA No. 7942; • b) Protected areas categorized and established under the National Integrated Protected Areas System (NIPAS) under RA No. 7586; • c) Prime agricultural lands, in addition to lands covered by RA No. 6657, or the Comprehensive Agrarian Reform Law of 1988, as amended, including plantations and areas devoted to valuable crops, and strategic agriculture and fisheries development zones and fish refuge and sanctuaries declared as such by the Secretary of the Department of Agriculture (DA); • d) Tourism development areas, as identified in the National Tourism Development Plan (NTDP); and, • e) Other critical areas, island ecosystems, and impact areas of mining as determined by current and existing mapping technologies, that the DENR may hereafter identify pursuant to existing laws, rules, and regulations, such as, but not limited to, the NIPAS Act. Mining contracts, agreements, and concessions approved before the effectivity of this Order shall continue to be valid, binding, and enforceable so long as they strictly comply with existing laws, rules, and regulations and the terms and conditions of the grant thereof. For this purpose, review and monitoring of such compliance shall be undertaken periodically. • (
  • 3. Chainsaw Act of 2002 or RA 9175 • "Chainsaw Act of 2002 or RA 9175" AN ACT REGULATING THE OWNERSHIP, POSSESSION, SALE, IMPORTATION AND USE OF CHAINSAWS, PENALIZING VIOLATIONS THEREOF AND FOR OTHER PURPOSES. • The Chain Saw Act of 2002 was made in order to conserve, develop and protect the forest resources under sustainable management. People should know that there are responsibilities when owning a chainsaw and that it shouldn't be used recklessly to cut trees. If there are people who would dare break this rule, they would be challenging the law.
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  • 6. REPUBLIC ACT NO. 9168 • AN ACT TO PROVIDE PROTECTION TO NEW PLANT VARIETIES, ESTABLISHING A NATIONAL PLANT VARIETY PROTECTION BOARD AND FOR OTHER PURPOSES – Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Short Title.This Act shall be known and cited as the "Philippine Plant Variety Protection Act of 2002" Sec. 2. Statement of Policies. – a) The State recognizes that an effective intellectual property system in general and the development of new plant variety in particular is vital in attaining food security for the country. To this end, it shall protect and secure the exclusive rights of breeders with respect to their new plant variety particularly when beneficial to the people for such periods as provided for in this Act. – b) The use of intellectual property bears a socioeconomic function. To this end, the State shall promote the diffusion of technology and information for the promotion of national development and progress for the common good. – c) The State recognizes the indispensable role of the private sector, encourages the participation of private enterprises and provides incentives to needed investments in the development of new plant varieties. – d) The State recognizes that science and technology are essential for national development and promotes the adaptation of technology and knowledge from all sources for the national benefit. The State also recognizes the need to protect and secure the exclusive rights of scientists and other gifted citizens to their intellectual property and creations. – e) The State, while recognizing intellectual property rights in the field of agriculture, does so in a manner supportive of and not inconsistent with its obligation to maintain a healthful ecology in accord with the rhythm and harmony of nature.
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  • 8. (Republic Act No. 9154). • Mt. Kanla-on Natural Park (MKNP) Act of 2001 – An Act establishing Mt. Kanla-on located in the cities of Bago, La Carlota and San Carlos and in the municipalities of La Castellana and Murcia, all in the province of Negros Occidental, and in the city of Canlaon and municipality of Vallehermoso, both in the province of Nergos oriental, as a protected area and a peripheral area as buffer zone providing for its management and for other purposes. – Wild species & ecosystems – Protected area Mountain area Institution Zoning Ecosystem preservation – This Act declares Mt. Kanla-on in the island of Negros to be a protected area, under the category of a natural park pursuant to the National Integrated Protected Areas System (NIPAS) Act, and specifies the boundaries of the area.
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  • 10. Republic Act No.9147 • Republic act no.9147 otherwise known as the Wildlife Resources Conservation and Protection Act is an act providing for the conservation and protection of wildlife resources and their habitats, appropriating funds therefor and for other purposes. ... to initiate or support scientific studies on the conservation of biological diversity and Protection Act. (Republic Act No. 9147). – An Act providing for the conservation and protection of wildlife resources and their habitats, appropriating funds therefor and for other purposes. – Basic legislation Biodiversity Biosphere reserves Birds Endangered species Mammals Turtles Amphibians Aquatic animals Aquatic plants Ecosystem preservation Protected area Protection of habitats Ranching/captive breeding Collecting/harvesting Hunting/capture Internal trade International trade Keeping of live animals Research Stock enhancement/repopulation Use restrictions Protection of species – The Act provides for the conservation, preservation and protection of wildlife species and their habitats, in order to preserve and encourage ecological balance and biological diversity; it provides, furthermore, for the control and supervision of wildlife capture, hunting and trade; finally it pprovides for supporting and promote scientific research on the protection of biodiversity. The provisions of this Act shall apply to all wildlife species overall, including those living in the protected
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  • 13. Republic Act No. 9072. • National Caves and Cave Resources Management and Protection Act – An Act to Manage and protect caves and cave resources and for other purposes. – Mineral resources, Wild species & ecosystems – Minerals Exploration Management/conservation Protected area Research Soil conservation/soil improvement Use restrictions Zoning Classification/declassification Collecting/harvesting Cultural heritage Ecosystem preservation Ex-situ conservation Monitoring Policy/planning Tourism – The Act provides for the conservation, protection and management of caves and cave resources as part of the country's natural wealth. – Cave definition is given as "any naturally occurring void, cavity, recess or system of interconnected passages beneath the surface of the earth or within a cliff or ledge and which is large enough to permit an individual to enter, whether or not the entrance, located either in private or public land, is naturally formed or man made. It shall include any natural pit • Implemented by – DENR Memorandum Circular No. 03 of 2012 approving the list of classified national caves.
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  • 15. Ecological Solid Waste Management Act of 2000 • Wastemismanagement hasserious environmental effectsmaking thepassage oftheRepublic Act (RA) 9003 or the Ecological Solid Waste Management Act of2000 alandmarkenvironmental legislation inthe Philippines. Thelaw was crafted inresponse to thelooming garbageproblems inthecountry. RA 9003 declares thepolicy of thestate in adopting asystematic, comprehensive and ecological solid waste management program that ensuresthe protection ofpublic health and the environment and the proper segregation, collection, transport, storage, treatment and disposal of solid waste through theformulation and adoption ofbest environmental practices.Moreover, it illustrates the potentials and benefits of recycling not only inaddressing waste management problems butalso in alleviating poverty. • RA 9003 was passed by the Philippine Congress on December 20,2000 and was subsequently approved by theOffice ofthe Presidenton January 26,2001.Itcontains seven(7)chapters sub-divided into 66sections setting out policy direction for aneffective solid waste management program inthe country. • RA 9003 describes solid waste management as adiscipline associated withthe control ofgeneration, storage, collection, transferand transport, processing, and disposal of solid wastes.Themanner by which theseactivities are conducted shall beinaccord withthe best principles ofpublic health, economics, engineering, conservation, aesthetics, other environmental considerations, and publicattitudes. TheAct provides for acomprehensive ecological solid waste management program by creating thenecessary institutional mechanisms and incentives, appropriating funds,declaring certainacts prohibited, and providing penalties.
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  • 17. Republic Act No. 8749 • , also known as the “Clean Air Act of 1999”, is “AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES”
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  • 19. THE PHILIPPINE FISHERIES CODE OF 1998 • RA 10654 also known as “AN ACT TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING, AMENDING REPUBLIC ACT NO. 8550, OTHERWISE KNOWN AS “THE PHILIPPINE FISHERIES CODE OF 1998," AND FOR OTHER PURPOSES”
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  • 32. REPUBLIC ACT NO. 8172 • SEC. 6. Support to the Salt Industry. — – The following agencies and institutions shall support the salt iodization program through their respective internal programs. – a) the DTI is hereby required to assist and support local salt producers/manufacturers in upgrading their production technologies to include iodization by helping them obtain soft loans and financial assistance for the procurement of salt iodization machines, packaging equipment and technology and fortificant and by ensuring the systematic distribution of the iodized salt in the market. – b) the Cooperative Development Authority (CDA) shall assist the formation of cooperatives of local salt producers/manufacturers in order that they can economically engage in salt iodization and distribution of iodized salt: – c) the DOST in collaboration with the TLRC, shall develop and implement comprehensive programs for the acquisition of design and manufacture of salt iodization machines and transfer of salt iodization technology to small and subsistence local salt producers/manufacturers; and – d) the Department of Environment and Natural Resources (DENR) and other appropriate government agencies shall identify areas that are suitable for use as salt farms with the purpose of protecting such areas from environmental risks to ensure sustainability of iodized salt production.
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  • 37. The Water Crisis Act of 1995 Republic Act No. 8041 • ]. In 1995, RA 8041 was enacted, seeking to privatize state-run water facilities among other mechanisms in order to address the nationwide water crisis. • It is in line with this that the government entered a 25-year Concession Agreement with MWC and Maynilad Water Services Incorporated . • This state of privatized water makes MWC and Maynilad resistant to government regulatory mechanisms, and enables them to monopolize sources, storage, distribution, and prices of water