CHAPTER 1- WHAT IS AN ‘ENVIRONMENT?

The word “environment” is derived from the French word, “environ”, which means
“surroundings”. A setting refers to the surroundings or conditions in which a person, animal, or plant
resides or operates. Anything in the universe, including living and non- living things like land, water,
animals, and plants, adapts to their environment.
In a broad sense, the term "environment" refers to the surroundings or conditions in which an
organism, community, or system operates. It encompasses the physical, biological, and social factors
that influence and shape the life and development of living entities. The environment includes elements
such as air, water, soil, climate, flora, fauna, and human activities, and it is often categorized into
natural and human-made components. Understanding and preserving a healthy environment are
essential for the well-being of ecosystems, biodiversity, and human societies.

ENVIRONMENTAL ISSUES
Our environment is continually evolving, and there’s a great need to become more aware of the
environmental issues that are causing these changes. Natural disasters, warming and cooling periods,
and the different forms of weather conditions have all risen significantly, requiring us to be more
cautious about how they behave in response to the types of environmental issues our world is facing.
Human effect on the living world, ecosystems, land use, and natural resources are all examples of
environmental issues.

COMMON ENVIRONMENTAL ISSUES THAT REQUIRE URGENT ATTENTION

1. Climate Change
Climate change refers to long-term shifts in temperatures and weather patterns. Such shifts can
be natural, due to changes in the sun’s activity or large volcanic eruptions. But since the 1800s,
human activities have been the main driver of climate change, primarily due to the burning of fossil
fuels like coal, oil and gas.
Burning fossil fuels generates greenhouse gas emissions that act like a blanket wrapped around
the Earth, trapping the sun’s heat and raising temperatures.
The main greenhouse gases that are causing climate change include carbon dioxide and
methane. These come from using gasoline for driving a car or coal for heating a building, for
example. Clearing land and cutting down forests can also release carbon dioxide. Agriculture, oil
and gas operations are major sources of methane emissions. Energy, industry, transport, buildings,
agriculture and land use are among the main sectors causing greenhouse gases.
2. Global Warming
Global warming refers to the long-term increase in Earth's average surface temperature,
primarily attributed to human activities such as the burning of fossil fuels and deforestation. This
phenomenon contributes to climate change, causing shifts in weather patterns, rising sea levels,
and more frequent and severe extreme weather events, highlighting the need for global efforts to
mitigate and adapt to these impacts.
3. Ozone Layer Depletion
Ozone layer depletion refers to the gradual thinning of the stratospheric ozone layer, particularly
in the region known as the ozone hole over Antarctica. The primary cause of ozone layer depletion
is the release of human-made substances, such as chlorofluorocarbons (CFCs), halons, and other
ozone-depleting substances (ODS). These substances, once released into the atmosphere, break
down ozone molecules, leading to a reduction in the concentration of ozone in the stratosphere.

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 The depletion of the ozone layer has significant consequences, including increased exposure to
harmful ultraviolet (UV) radiation from the sun, which poses risks to human health, ecosystems, and
wildlife.
4. Biodiversity and Wildlife
Biodiversity and wildlife conservation are critical environmental issues due to the ongoing loss of
species and habitats worldwide. Human activities, including deforestation, pollution, habitat
destruction, climate change, and illegal wildlife trade, contribute to the decline in biodiversity. The
loss of diverse plant and animal species not only threatens ecosystems but also disrupts essential
ecological processes, reduces genetic diversity, and undermines the resilience of natural systems
in the face of environmental challenges.
5. Deforestation
Deforestation is a significant environmental issue characterized by the large-scale clearing or
removal of forests, predominantly driven by human activities. This process involves the conversion
of forested areas into non-forest land for agriculture, logging, urban development, or other
purposes. Deforestation poses serious threats to biodiversity, contributes to climate change by
reducing carbon sequestration, disrupts local ecosystems, and leads to soil erosion.
6. Desertification
Desertification is a process of land degradation in arid, semi-arid, and dry sub-humid areas,
often caused by a combination of climatic variations and human activities. It involves the
transformation of productive land into increasingly arid and unproductive desert-like landscapes,
negatively impacting soil fertility, water availability, and vegetation cover. Overgrazing, improper
agricultural practices, deforestation, and climate change contribute to desertification, threatening
livelihoods, biodiversity, and exacerbating issues related to water scarcity.
7. Pollution
Pollution is a pervasive environmental issue resulting from the introduction of contaminants into
the air, water, or soil, causing adverse effects on ecosystems, human health, and overall
environmental quality. Various forms of pollution include air pollution from industrial emissions and
vehicle exhaust, water pollution from untreated sewage and industrial discharges, and soil pollution
from hazardous waste disposal. The consequences of pollution range from respiratory diseases
and ecosystem disruption to the contamination of drinking water sources.
8. Water Pollution
Water pollution is a critical environmental issue involving the contamination of water bodies,
such as rivers, lakes, oceans, and groundwater, by harmful substances. Sources of water pollution
include industrial discharges, agricultural runoff containing pesticides and fertilizers, untreated
sewage, and oil spills. The impacts of water pollution are far-reaching and can result in the
degradation of aquatic ecosystems, harm to aquatic life, risks to human health through
contaminated drinking water, and damage to biodiversity.
9. Coral Reefs
Coral reefs face significant environmental issues, primarily due to climate change, pollution,
overfishing, and coastal development. Rising sea temperatures associated with climate change
contribute to coral bleaching, disrupting the symbiotic relationship between corals and the algae
that provide them with nutrients. Pollution from land-based sources, including agricultural runoff and
marine debris, harms coral ecosystems, while overfishing depletes fish populations critical to coral
reef health. Coastal development exacerbates these issues by introducing sedimentation and
nutrient runoff. The degradation of coral reefs threatens biodiversity, food security for coastal
communities, and the overall resilience of marine ecosystems.

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10. Air Pollution
Air pollution is a pressing environmental issue caused by the release of harmful substances into
the Earth's atmosphere, resulting in adverse effects on human health, ecosystems, and the climate.
Common air pollutants include particulate matter, nitrogen oxides, sulfur dioxide, ozone, carbon
monoxide, and volatile organic compounds, often originating from industrial activities,
transportation, agriculture, and energy production. The consequences of air pollution range from
respiratory and cardiovascular diseases in humans to acid rain, smog formation, and the
degradation of air quality.
11. Nuclear Energy
Nuclear energy presents both potential benefits and environmental concerns. While nuclear
power generation produces low greenhouse gas emissions compared to fossil fuels, concerns
revolve around nuclear accidents, radioactive waste disposal, and the potential for nuclear weapons
proliferation. The environmental impact of nuclear energy includes the long-term storage and
management of radioactive waste, the risk of catastrophic accidents like Chernobyl and Fukushima,
and the complex challenges associated with decommissioning nuclear facilities.
12. Overfishing
Overfishing is a critical environmental issue driven by the excessive and unsustainable
exploitation of fish and other marine species beyond their reproductive capacity. This practice
depletes fish populations, disrupts marine ecosystems, and threatens global fisheries' long-term
viability. Overfishing is often exacerbated by illegal, unreported, and unregulated fishing practices,
leading to the decline of key species, ecosystem imbalance, and economic challenges for
communities dependent on fisheries.

EFFORTS ADDRESSING ENVIRONMENTAL ISSUES

 Energy Production
Energy production plays a crucial role in addressing environmental issues, particularly
through the transition to cleaner and more sustainable sources of energy. The shift from fossil
fuels to renewable energy, such as solar, wind, and hydropower, helps reduce greenhouse gas
emissions, mitigating climate change. Additionally, advancements in energy efficiency
technologies contribute to minimizing environmental impacts, fostering a more sustainable and
environmentally friendly approach to meeting the world's energy needs.
 Environmental Education
Environmental education is a vital effort in addressing environmental issues as it raises
awareness, fosters a sense of responsibility, and promotes sustainable practices. By providing
knowledge about ecosystems, biodiversity, and the impact of human activities on the
environment, environmental education empowers individuals to make informed decisions and
adopt environmentally friendly behaviors. This proactive engagement contributes to a collective
effort to address pressing environmental challenges and work towards a more sustainable and
ecologically conscious society.
 Wildlife Protection
Conservation initiatives, including the establishment of protected areas, habitat
restoration projects, and anti-poaching measures, contribute to the preservation of endangered
species and their natural habitats. By ensuring the well-being of wildlife populations, these
efforts play a vital role in sustaining healthy ecosystems, promoting ecological resilience, and
addressing broader environmental challenges.
 Restoration of the Environment

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 The restoration of the environment is a key effort in addressing environmental issues as
it involves reclaiming degraded ecosystems, mitigating the impact of human activities, and
promoting ecological resilience. Restoration projects, such as reforestation, wetland restoration,
and soil rehabilitation, contribute to biodiversity conservation, carbon sequestration, and the
improvement of overall ecosystem health.
 Advocacy and Policy Change Research
Advocacy and policy change research are essential efforts in addressing environmental
issues by influencing decision-makers, shaping legislation, and fostering systemic changes.
Through rigorous research, scientists and environmental advocates provide evidence-based
insights into the consequences of human activities on the environment, informing policy
discussions and public discourse. Effective advocacy for environmental issues involves
translating research findings into policy recommendations, pushing for regulatory changes, and
mobilizing public support for sustainable practices and policies.

ENVIRONMENTAL LAWS
Environmental law, also known as environmental and natural resources law, is a collective term
describing the network of treaties, statutes, regulations, common and customary laws addressing the
effects of human activity of the natural environment. The core environmental law regimes address
environmental pollution. A related but distinct set of regulatory regimes, now strongly influenced by
environmental legal principles, focus on the management of specific natural resources, such as forests,
minerals, or fisheries. Other areas, such as environmental impact assessment, may not fit neatly into
either category, but nonetheless important components of environmental law.
It is defined as a complex and interlocking body of statistics, common law, treaties, conventions,
regulation and policies, and it operate to regulate the interaction of humanity and the rest of the
biophysical or natural environment for the purpose of reducing or minimizing the impacts of human
activity, both on natural environment for its own sake and on human itself.

BASIC FACTORS THAT COME UNDER ENVIRONMENTAL LAW

A. CONSERVATION
Conservation is a fundamental principle within environmental law, playing a crucial role in the
protection and sustainable use of natural resources. Environmental laws are designed to regulate
human activities to ensure the preservation of ecosystems, biodiversity, and overall environmental
health. Conservation, as a basic factor, encompasses several key aspects within the framework of
environmental law:
1. Biodiversity Conservation
Biodiversity refers to the variety of life on Earth, including the variety of species,
ecosystems, and genetic diversity within species.
Environmental laws often include provisions to protect endangered species, regulate the
trade of wildlife, and establish protected areas to preserve biodiversity.
2. Habitat Conservation
Habitats are the natural environments where organisms live, and their conservation is
critical for maintaining healthy ecosystems.
Environmental laws may designate and protect specific habitats as critical for the
survival of certain species. They may also regulate activities that could lead to habitat
destruction or degradation.
3. Natural Resource Conservation

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 Natural resources, including water, air, soil, minerals, and forests, are essential for
human survival and are subject to legal frameworks to ensure sustainable use
Environmental laws regulate the extraction, use, and management of natural resources
to prevent over-exploitation, pollution, and other forms of degradation.
4. Protected Areas and Reserves
Designated areas where human activities are restricted or regulated to conserve natural
ecosystems and maintain ecological processes.
Environmental laws establish and govern protected areas, national parks, wildlife
reserves, and other conservation zones to safeguard critical habitats and ecosystems.
5. Regulation of Pollution
Pollution poses a significant threat to the environment, and conservation efforts include
measures to prevent, control, and mitigate pollution.
Environmental laws often include regulations on emissions, waste disposal, and other
activities that contribute to pollution, with the aim of preserving air, water, and soil quality.
6. Sustainable Development
Balancing economic and social development with environmental protection to meet the
needs of the present without compromising the ability of future generations to meet their own
needs.
Environmental laws may incorporate principles of sustainable development, encouraging
practices that minimize environmental impact and promote long-term ecological balance.
7. International Cooperation
Environmental issues often transcend national borders, and international collaboration is
essential for effective conservation.
Treaties, agreements, and conventions facilitate international cooperation on
environmental issues, fostering collective efforts to address global challenges such as climate
change, biodiversity loss, and pollution.

B. MANAGEMENT
While "management" itself may not be explicitly mentioned as a basic factor within
environmental law, various aspects of management are integral to the effective implementation and
enforcement of environmental regulations. Environmental management involves the planning,
coordination, regulation, and monitoring of human activities to ensure compliance with
environmental laws and the sustainable use of natural resources.
1. Compliance Management
Ensuring that individuals, businesses, and organizations adhere to environmental
regulations and standards.
Environmental laws establish compliance requirements, and effective management
involves monitoring, reporting, and enforcing these standards to prevent and address violations.
2. Environmental Impact Assessment (EIA)
A systematic process for evaluating the potential environmental impacts of a proposed
project or development.
Many jurisdictions require EIAs as part of the permitting process. Proper management
ensures the thorough assessment of potential environmental effects, leading to informed
decision-making and the incorporation of mitigation measures.
3. Waste Management
The collection, transport, processing, recycling, and disposal of waste materials.
Environmental laws regulate waste management practices to minimize environmental
harm. Management strategies include establishing proper disposal methods, recycling
programs, and penalties for illegal dumping.

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4. Natural Resource Management
Sustainable use and conservation of natural resources such as forests, fisheries, and
water.
Environmental laws often include provisions for managing natural resources to prevent
over-exploitation and degradation. Sustainable management practices may involve quotas,
habitat protection, and restoration efforts.
5. Land Use Planning
The systematic process of assessing and regulating the use of land in order to achieve
environmental, social, and economic objectives.
Environmental laws may include land use planning requirements to prevent
inappropriate development in ecologically sensitive areas. Proper management ensures that
land use decisions align with environmental conservation goals.
6. Pollution Prevention and Control
Strategies and measures to prevent and control pollution at its source.
Environmental laws often mandate pollution prevention and control measures. Effective
management involves setting emission standards, implementing monitoring programs, and
enforcing compliance to minimize environmental impact.
7. Corporate Environmental Management
The integration of environmental considerations into corporate decision-making and
operations.
Some jurisdictions require businesses to adopt environmental management systems and
practices. Compliance involves companies implementing policies, procedures, and technologies
to reduce their environmental footprint.
8. Emergency Response and Preparedness
Plans and actions designed to respond to environmental emergencies, such as oil spills,
chemical releases, or natural disasters.
Environmental laws may require entities to have emergency response plans. Proper
management involves developing, testing, and implementing these plans to minimize the
environmental impact of emergencies.

MAIN FUNCTIONS OF ENVIRONMENTAL LAW

To preserve both human health and environment

The main function of environmental law is to safeguard both human health and the environment
by regulating and controlling activities that may pose threats to ecosystems and public well-being.
Environmental laws play a pivotal role in establishing standards for air and water quality, waste
management, and the use of hazardous substances, aiming to minimize pollutants that can adversely
impact human health. By setting guidelines for sustainable practices and limiting harmful activities,
these laws contribute to the preservation of ecosystems, biodiversity, and overall environmental
integrity.
Additionally, environmental regulations often incorporate measures to mitigate and adapt to
climate change, recognizing its significant implications for both the environment and human health. In
essence, environmental law acts as a protective framework, promoting a harmonious coexistence
between human activities and the natural world, with the overarching goal of ensuring the well-being of
both people and the planet.

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To ensure that environmental policies do not affect the climate, human or animal welfare or
both
The primary function of environmental law is to establish and enforce policies that strike a
delicate balance between promoting sustainable practices and safeguarding the well-being of the
climate, humans, and animals. Environmental laws are designed to prevent and mitigate adverse
effects on the climate by regulating activities contributing to pollution, deforestation, and greenhouse
gas emissions. Simultaneously, these laws are crafted to protect human health and animal welfare by
setting standards for the use of potentially harmful substances, waste disposal, and industrial
practices.
By addressing the intricate interplay between human activities and the environment,
environmental law aims to ensure that policies are implemented in a manner that does not compromise
the health of ecosystems, the climate, or the welfare of both human and animal populations. The
overarching goal is to foster a sustainable coexistence between human societies and the natural world,
recognizing the interconnectedness of environmental, social, and ethical considerations within the legal
framework.

To secure mankind’s life, survival and health

The paramount function of environmental law is to safeguard the life, survival, and health of
mankind by establishing legal frameworks that mitigate and prevent environmental hazards.
Environmental laws play a crucial role in regulating human activities to ensure clean air, water, and
soil, thereby reducing the risk of diseases and adverse health effects. By addressing issues such as
pollution, habitat destruction, and unsustainable resource use, environmental law seeks to create
conditions conducive to human well-being, securing not only the present generation but also the
survival and prosperity of future ones.
This function underscores the vital role of environmental law in promoting a harmonious
coexistence between humanity and the environment, recognizing the inextricable link between
environmental quality and the overall health and survival of the global population.

Existential function
The existential function is complemented by the social function whereby environmental law
helps provide facilities for people to relax in and enjoy the natural environment and the landscape.
Environmental laws play a crucial role in designating and protecting areas for public use, such as
parks, recreational reserves, and natural landscapes. By doing so, these laws contribute to the
enhancement of societal well-being by providing individuals with opportunities to connect with nature,
engage in outdoor activities, and derive recreational benefits.
This social function not only promotes physical and mental health but also fosters a collective
appreciation for the environment, encouraging sustainable practices and reinforcing the notion that the
preservation of natural spaces is integral to the overall quality of life for present and future generations.
In essence, the social function of environmental law harmonizes human interaction with the
environment, recognizing the intrinsic value of nature in supporting leisure and cultural activities.

Aesthetic function
Environmental laws has an aesthetic function when it allows us to experience the diversity,
uniqueness, and the beauty of the environment. By regulating human activities that could compromise
the aesthetic qualities of landscapes, ecosystems, and habitats, environmental laws contribute to the
preservation of scenic and culturally significant areas. These regulations often aim to protect iconic
landmarks, biodiversity hotspots, and other visually striking features, allowing individuals to experience
and enjoy the aesthetic richness of their surroundings.

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 This aesthetic function not only enhances the quality of life by providing opportunities for
aesthetic enjoyment but also underscores the intrinsic value of preserving the environment for its own
sake. In recognizing and safeguarding the aesthetic aspects of the environment, environmental laws
contribute to the cultural heritage of societies and promote a collective ethos of responsible
stewardship, ensuring that the beauty of nature remains accessible to present and future generations.
KEY AREAS THAT ENVIRONMENTAL LAWS WORK TO REGULATE

 Air Quality. Air quality laws protect the air from air pollution and may include measures to
protect the air from things like ozone depletion.
 Water Quality. Environmental laws may protect water from pollution. They may also determine
who can use water and how to handle potential problems like treating water waste
management.
 Waste Management. Municipal waste hazardous substances and nuclear waste all fall in the
category of waste management.
 Contaminant Clean up. Not all environmental law focuses on preventing pollution.
Contaminant cleanup deals with addressing pollution after it happens. Laws may include
protocols for cleanup as well as civil and criminal punishment for polluters.
 Chemical Safety. Chemical safety regulations manage things like pesticide use and chemicals
in products like plastic bottles.
 Hunting and Fishing. Environmental laws may regulate and protect wildlife populations.
Lawmakers determine who can hunt and fish and how these activities are regulated.
 Major Environmental Legislation. Environmental laws regulate major environmental
legislation to establish clear guidelines, standards, and enforcement mechanisms that govern
human activities impacting the environment. These regulations aim to ensure the sustainable
use of natural resources, prevent pollution, and mitigate adverse effects on ecosystems,
aligning with broader goals of environmental conservation and protection.

PRINCIPLES INFLUENCING ENVIRONMENTAL LAWS

 Environmentalism. Influences environmental laws by advocating for the ethical and
responsible stewardship of the natural world. It emphasizes the need to address environmental
challenges such as pollution, habitat destruction, and climate change through legal frameworks
that prioritize conservation, sustainability, and the well-being of ecosystems. Environmentalism
shapes the development of laws by promoting a holistic perspective that considers the
interconnectedness of human activities and their impact on the environment, fostering a
commitment to preserving and enhancing the health and integrity of the planet.
 Ecology. Influences environmental laws by emphasizing the interdependence of living
organisms and their environments. It shapes legal frameworks by promoting the understanding
that ecosystems are complex, interconnected systems that require protection and sustainable
management. Environmental laws influenced by ecological principles aim to maintain
biodiversity, preserve habitat integrity, and address environmental issues in a holistic manner,
recognizing the intricate relationships between different components of the natural world.
 Conservation. Strongly influences environmental laws by promoting the sustainable use and
protection of natural resources. It guides legal frameworks to establish measures for habitat
preservation, wildlife protection, and the prevention of over-exploitation, ensuring the long-term
health and balance of ecosystems.
 Stewardship. Influences environmental laws by emphasizing responsible management and
care of the Earth's resources. It guides legal frameworks to encourage practices that prioritize

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 the well-being of the environment, fostering a sense of collective responsibility for the
sustainable use and preservation of natural resources.
 Responsibility and Sustainability. Profoundly influence environmental laws by emphasizing
the ethical duty to protect the environment for current and future generations. Legal frameworks
shaped by these principles focus on promoting responsible practices, reducing environmental
impact, and ensuring that human activities are in harmony with the long-term health and viability
of the planet.
 Need analysis. Influence environmental laws by emphasizing the importance of thoroughly
assessing the necessity and impact of human activities on the environment. Legal frameworks
shaped by these principles seek to ensure that resource use is justified based on genuine
needs, and they encourage practices that prioritize long-term ecological balance and the
preservation of natural systems.
 Impact assessment. Significantly influences environmental laws by promoting a systematic
evaluation of the potential environmental effects of proposed projects or activities. This principle
guides legal frameworks to incorporate environmental impact assessments, ensuring that
decision-making considers the consequences on ecosystems, biodiversity, and overall
environmental health before approving or permitting certain actions.
 Water resources. Influence environmental laws by emphasizing the importance of sustainable
management and protection of water sources. Legal frameworks shaped by this principle
address issues such as water pollution, equitable access to water, and conservation measures,
aiming to ensure the responsible use and preservation of this critical natural resource.
 Mineral resources. Influence environmental laws by guiding regulations on the extraction,
processing, and utilization of minerals to minimize environmental degradation. Legal
frameworks shaped by this principle aim to balance the economic benefits of mineral
exploitation with the need to protect ecosystems, biodiversity, and overall environmental health.
 Forestry resources. Significantly influence environmental laws by guiding regulations that
address sustainable forest management, logging practices, and the conservation of biodiversity
in forested areas. Legal frameworks shaped by this principle aim to balance the utilization of
forestry resources for economic purposes with the imperative to maintain healthy ecosystems,
prevent deforestation, and promote reforestation efforts.
 Wildlife and plants. Strongly influence environmental laws by guiding regulations that focus on
the conservation and protection of biodiversity. Legal frameworks shaped by this principle aim to
prevent the depletion of wildlife populations, protect endangered species, and maintain the
ecological balance necessary for the health of ecosystems and the survival of various plant and
animal species.
 Fish and game- fisheries law. Influence environmental laws by guiding regulations on the
sustainable management of fisheries and hunting activities. Legal frameworks shaped by this
principle aim to ensure the conservation of aquatic ecosystems and wildlife populations,
balancing human utilization with the need to prevent over-exploitation and maintain the health of
these natural resources.

GLOBAL INITIATIVES IN ENVIRONMENTAL LAW

 KYOTO PROTOCOL
The Kyoto Protocol operationalizes the United Nations Framework Convention on Climate
Change by committing industrialized countries and economies in transition to limit and reduce
greenhouse gases (GHG) emissions in accordance with agreed individual targets.

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 - Consider what can be done to reduce global warming and to cope with whatever
temperature increases are inevitable.
- To keep the maximum temperature rise to below 2 degrees Celsius
- The commitment to list developed country emission reduction targets and mitigation action
by developing countries for 2020.
- Mechanisms to support technology transfer and forestry

This is an international treaty that committed its signatories to develop national programs to
reduce their emissions of greenhouse gases. Greenhouse gases, such as carbon dioxide
(CO2), methane (CH4), nitrous oxide (N2O), perfluorocarbons (PFCs), hydrofluorocarbons
(HFCs), and sulfur hexafluoride (SF6), affect the energy balance of the global atmosphere in
ways expected to lead to an overall increase in global average temperature, known as global
warming.

 BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF

HAZARDOUS WASTES AND THEIR DISPOSAL (1992)
It is the most comprehensive global environmental agreement on hazardous wastes and other
wastes. With 175 Parties (as at 31 March 2011), it has nearly universal membership. The
Convention aims to protect human health and the environment against the adverse effects
resulting from the generation, transboundary movements and management of hazardous
wastes and other wastes.
The Basel Convention regulates the trans boundary movements of hazardous wastes and other
wastes and obliges its Parties to ensure that such wastes are managed and disposed of in an
environmentally sound manner. The Convention covers toxic, poisonous, explosive, corrosive,
flammable, ecotoxic and infectious wastes. Parties also have an obligation to minimize the
quantities that are transported, to treat and dispose of wastes as close as possible to their place
of generation and to prevent or minimize the generation of wastes at source.

 CONVENTION ON MIGRATORY SPECIES OF WILD ANIMALS (BONN CONVENTION)

Signed in 1979, the Convention on the Conservation of Migratory Species of Wild Animals
(Bonn Convention; CMS) is an environmental treaty under the aegis of the United Nations
Environment Program. It provides a global platform for the conservation and sustainable use of
migratory animals and their habitats. CMS is the only global and UN-based intergovernmental
organization established exclusively for the conservation and management of terrestrial, aquatic
and avian migratory species throughout their range.
It aims to conserve terrestrial, marine, avian migratory species throughout their range (global
scale) which aims to conserve populations of European bats, Cetaceans of the Mediterranean
Sea, Black Sea and the Contiguous Atlantic Area, Small Cetaceans of the Baltic, North East
Atlantic, Irish and North Seas, Seals in the Wadden Sea, African Eurasian Migratory Waterbirds,
Albatrosses and Petrels, Gorillas and their habitats.

 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES (CITES)

CITES, the Convention on International Trade in Endangered Species of Wild Flora and Fauna ,
regulates and moderates international trade in plants and animals to ensure that such trade
does not threaten their survival. The Convention seeks to achieve this by placing various
restrictions and requirements on legal trade in certain flora and fauna. Its system of permits and
certificates, which relate to three lists of protected species in the Convention's Appendices,
enable States Parties to 'reciprocally protect one another's species according to a common set

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 of rules'. In addition, CITES provides a framework to combat trade that occurs outside these
limits. CITES is the only international instrument mandating penalization of illegal trade in
protected species.

 CONVENTION ON BIOLOGICAL DIVERSITY

The Convention on Biological Diversity (CBD) is the international legal instrument for "the
conservation of biological diversity, the sustainable use of its components and the fair and
equitable sharing of the benefits arising out of the utilization of genetic resources" that has been
ratified by 196 nations. Its overall objective is to encourage actions, which will lead to a
sustainable future.
The Convention on Biological Diversity covers biodiversity at all levels: ecosystems, species
and genetic resources. It also covers biotechnology, including through the Cartagena Protocol
on Biosafety. In fact, it covers all possible domains that are directly or indirectly related to
biodiversity and its role in development, ranging from science, politics and education to
agriculture, business, culture and much more.

COMPONENTS OF ENVIRONMENTAL LAW

o Waste Management. Encompassing regulations and policies that govern the collection,
disposal, and treatment of waste to minimize environmental impact. Environmental laws
addressing waste management aim to promote recycling, proper disposal methods, and the
reduction of hazardous waste, contributing to the preservation of ecosystems and public health.
o Food Production. Involving regulations that address sustainable agricultural practices, land
use, and the conservation of natural resources to ensure food security while minimizing
environmental degradation. Environmental laws in the context of food production often aim to
balance the needs of a growing population with the imperative to protect ecosystems,
biodiversity, and soil health.
o Water Reserves. Regulations governing their protection, allocation, and sustainable use to
ensure the availability of clean and sufficient water for ecosystems, communities, and industries.
Environmental laws addressing water reserves often include measures to prevent pollution,
regulate water withdrawals, and promote conservation efforts, contributing to the overall health
of aquatic ecosystems and safeguarding this essential natural resource.
o Pollution Control and Remediation. Involving regulations to prevent and mitigate pollution
from various sources, such as industrial activities, transportation, and waste disposal. These
laws set standards for emissions, waste disposal practices, and cleanup procedures, aiming to
protect air, water, and soil quality, and mitigate adverse effects on ecosystems and human
health.
o Flora and Fauna. Encompassing regulations aimed at preserving plant and animal species,
protecting habitats, and maintaining biodiversity. These laws often include provisions for the
establishment of protected areas, species conservation programs, and measures to prevent
habitat destruction, contributing to the sustainable coexistence of diverse ecosystems and the
well-being of countless species.
o Mining. Involving regulations that address the extraction, processing, and management of
mineral resources to minimize environmental impact. Environmental laws in the context of
mining typically aim to mitigate habitat disruption, prevent pollution, and ensure the responsible
and sustainable use of mineral resources while balancing economic interests with
environmental conservation.

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 o Emissions and Construction. With regulations targeting air quality standards, emissions
control, and sustainable construction practices to minimize environmental impact.
Environmental laws in this context often set emission limits for industries, promote energy-
efficient construction methods, and encourage the adoption of green building practices to
reduce the ecological footprint of construction activities.

CHAPTER 2- ENVIRONMENTAL LAWS

 BROWN LAWS. Land related protection such as waste management, water/ wastewater, air
quality, other in- land related water quality protection.
 GREEN LAWS. Forestry, biodiversity, and agriculture.
 BLUE LAWS. Management of maritime or aquatic resources.

LAW TITLE and PROVISIONS

Act No. 3572 An Act To Prohibit The Cutting Of Tindalo, Akle, Or Molave Trees, Under
Certain Conditions, And To Penalize Violations Thereof
- Prohibition of the cutting in the public forests of tindalo, akle, or molave trees
less than sixty centimeters in diameter measured at a height of four feet from
the ground (breast high).
- Timber cut tax- tax paid when trees are cut
- Approved: November 26, 1929

Act No. 3983 An Act To Protect Wild Flowers And Plants In The Philippine Islands And To
Prescribe Conditions Under Which They May Be Collected, Kept, Sold,
Exported, And For Other Purposes
- The purpose of this Act is to protect wild flowers and other plants from
extinction.
- The Act empowers the Secretary of Agriculture and Natural Resources to
prescribe conditions governing the collection, possession, destruction,
transportation, sale and export of any of the protected plants in the Philippines.
- The Secretary may issue licenses, which will specify the number and kind of
plants that may be collected and the conditions under which they may be kept,
and may issue special permits for the possession of very rare specimens for
educational or scientific purposes.
- Approved: December 3, 1932

PD No. 330 Penalizing Timber Smuggling Or Illegal Cutting Of Logs From Public Forests
And Forest Reserves As Qualified Theft
- Any person, whether natural or juridical, who directly or indirectly cuts, gathers,
removes, or smuggles timber, or other forest products, either from any of the
public forest, forest reserves and other kinds of public forests, whether under
license or lease, or from any privately owned forest lands in violation of
existing laws, rules and regulation shall be guilty of the crime of qualified theft

NOTES in CLJ 5- Environmental Laws and Protection

12
 as defined and penalized under Articles 308, 309 and 310 of the Revised
Penal Code
- Signed on November 8, 1973

PD No. 331 Requiring That All Public Forests Be Developed, Managed, And Utilized On
A Sustained Yield Basis With The Benefit Of Technical Forestry Know-How
Of Registered Foresters
- All holders of timber licenses, leases and/or permits are hereby required to
employ and/or engage the services of registered foresters.
- All holders of long-term license or lease agreements shall establish and
maintain their own forestry department.
- These offices shall collaborate with the Government through its forestry
development officials the preparation and implementation of forest
management plans, the supervision of selective logging programs and such
other silvicultural systems as may be prescribed by the Bureau of Forest
Development and shall be responsible for the implementation of these forestry
policies as enumerated in Section 2 of Republic Act No. 6239.
- Signed on November 8, 1973

PD No. 463 Mineral Resources Development Decree of 1974

- All mineral resources in the Republic of the Philippines are property of the
State, which shall promote and supervise for their rational exploration,
development, utilization and conservation. Undiscovered mineral quarries shall
be explorated and small scale quarries rationalized.
- Mineral production is a major support of the economy, and therefore the
intensified discovery, exploration, development, and wise utilization of the
country’s mineral resources are urgently needed for national development.
- Signed on May 17, 1974

PD No. 600 Marine Pollution Decree of 1974

- establishes the national policy to prevent and control the pollution of seas by
the dumping of waste and other matter which create hazards to human health,
harm living resources and marine life, damage amenities, or interfere with the
legitimate uses of the sea within the territorial jurisdiction of the Philippines.
- Amended by PD No. 979.
- Signed on December 9, 1974
-
PD No. 704 Fisheries Decree of 1975
- Preservation of Optimum Productivity of Fishery Resources through
conservation and protection
- There is a compelling need to increase the production of fish to bring down its
price to a level which will be within the reach of our people, and at the same
time insure the continuity of out fishery resources in productive condition
through wise utilization and proper conservation.
- Signed on May 16, 1975

PD No. 705 Revised Forestry Code of the Philippines

- Revising Presidential Decree No. 389 also known as the Philippine Forestry
Reform Code

NOTES in CLJ 5- Environmental Laws and Protection

13
 - This Act lays down the basic principles of forest management and
conservation, makes provision for the administration of forestry, the survey
and classification of lands for purposes of forestry, and the use of forest
resources.
- Signed on May 19, 1975

PD No. 825 Garbage Disposal Law

- Providing penalty for improper disposal of garbage and other forms of
uncleanliness.
- All citizens and residents of the Philippines; all universities, colleges and
schools and other similar institutions, private as well as public; all commercial
and industrial establishments such as hotels, restaurants, hospitals, cinema
houses, public markets, department stores, groceries and the like; all public
conveyances; all residential houses; and all other establishments of any kinds,
shall undertake the cleaning of their own surroundings, their yards and
gardens, as well as the canals, roads or streets in their immediate premises.
- Signed on November 7, 1975

PD No. 856 Code on Sanitation of the Philippines

- The objective of this Code on Sanitation is the improvement of the way of the
Filipinos by directing public health services towards the protection and
promotion of the health of the people.
- Water Supply. Standards for drinking water and their bacteriological and
chemical examinations, together with the evaluation of results, shall conform to
the criteria set by the National Drinking Water Standards.
- Food Establishments. In order to operate a food establishment for public
patronage, a permit shall be obtained from the local health office. All foods
must be obtained from sources approved by the local health authority.
- Provided for the functions of Department of Health and empowered the DOH
Secretary to promulgate rules and regulations for the proper implementation
and enforcement of the provisions of this code
- Signed on December 23, 1975

PD No. 953 Requiring The Planting Of Trees In Certain Places And Penalizing
Unauthorized Cutting, Destruction, Damaging And Injuring Of Certain Trees,
Plants And Vegetation
- The following persons are required to plant trees shall take good care of them,
and, from time to time, remove any tree planted by them in their respective
areas which has grown very old, is diseased, or is defective, and replant with
trees their respective areas whenever necessary
 Every person who owns land adjoining a river or creek, shall plant trees
extending at least five meters on his land adjoining the edge of the bank
of the river or creek.
 Every owner of an existing subdivision shall plant trees in the open
spaces required to be reserved for the common use and enjoyment of the
owners of the lots therein as well as along all roads and service streets.
 Every holder of a license agreement, lease, license or permit from the
Government, involving occupation and utilization of forest or grazing land
with a river or creek therein, shall plant trees extending at least twenty
(20) meters from each edge of the bank of the river or creek.

NOTES in CLJ 5- Environmental Laws and Protection

14
 - Signed on July 6, 1976

PD No. 979 Marine Pollution Decree of 1976

- It is hereby reviewed the national policy to prevent and control the pollution of
seas by the dumping of wastes and other matter which create hazards to
human health, harm living resources and marine life, damage amenities, or
interfere with the legitimate uses of the sea within the territorial jurisdiction of
the Philippines.
- It shall be the primary responsibility of the National Pollution Control
Commission to promulgate national rules and policies governing marine
pollution, and to issue the appropriate rules and regulations upon consultation
with the Philippine Coast Guard.
- Philippine Coast Guard has the primary responsibility of enforcing laws and
rules with regards to containment and recovery system and shall develop an
adequate capability for containment and recovery spilled oil.
- Not liable: in cases of emergency imperiling life or property, or unavoidable
accident, collision, or stranding or in any cases which constitute danger to
human life or property or a real threat to vessels, aircraft, platforms, or other
man-made structure, or if damping 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.
- Signed on August 18, 1976

PD No. 1015 Amending The First Paragraph Of Section 17 And Section 35 Of Presidential
Decree No. 704
- It is the policy of the state to uplift the economic condition of the municipal and
small- scale fishermen.
- Banning the operation of commercial fishing within a distance of 7- kilometers
from the shoreline.
- Signed on September 22, 1976.

PD No. 1058 Amending Presidential Decree No. 704, Dated May 16, 1975, By Increasing
The Penalties For Certain Forms Of Illegal Fishing, Dealing In Illegally
Caught Fish Or Fishery/Aquatic Products, And For Other Purposes
- It shall be unlawful for any person to catch, take or gather or cause to be
caught, taken or gathered fish or fishery/aquatic products in the Philippine
waters with the use of explosives, obnoxious or poisonous substance, or by
the use of electricity.
- Provided, that mere possession of such explosives with intent to use the same
for illegal fishing as herein defined shall be punishable as hereinafter provided.
- Signed on December 1, 1976.

PD No. 1067 Water Code of the Philippines

- Adopts adequate measures to conserve and regulate the use of water in
commercial, industrial and residential areas.
- Also provides other policy guidelines in water quality and management of
water resources.
- The Code covers underground water, water above the ground, water in the
atmosphere and the waters of the sea within the territorial jurisdiction of the

NOTES in CLJ 5- Environmental Laws and Protection

15
 Philippines.
- Appropriations of water: domestic, municipal, irrigation, power generation.
Fisheries, livestock raising, industrial, recreational, and other purposes.
- Signed on December 31, 1976.

PD No. 1144 Creating The Fertilizer And Pesticide Authority And Abolishing The Fertilizer
Industry Authority
- Fertilizer And Pesticide Authority. Created and attached to the Department
of Agriculture for the purpose of assuring the agricultural sector of adequate
supplies of fertilizer and pesticide at reasonable prices, rationalizing the
manufacture and marketing of fertilizer, protecting the public from the risks
inherent in the use of pesticides, and educating the agricultural sector in the
use of these inputs.
- Registration and licensing of pesticides, fertilizers and other agricultural
chemicals with FPA
- Signed on May 30, 1977

PD No. 1151 Philippine Environmental Policy

- The purpose of this Decree is to formulate an intensive, integrated program of
environmental protection through the requirement of environmental impact
assessments and statements.
- Every individual shall be responsible in contributing to the preservation and
enhancement of the Philippine environment.
- As provided for in section 4, all agencies of the national government, including
government-owned or controlled corporations, as well as private corporations,
firms and entities, shall prepare an environmental impact statement for
every project which may significantly affect the quality of the environment.
- Environmental Impact Statement. Outlines the status of the environment in
the affected area, provides a baseline for understanding the potential
consequences of the proposed project, identifies positive and negative effects
for the environment, and offers alternative actions, including inaction, in
relation to the proposed project.
- Signed on June 6, 1977

PD No. 1152 Philippine Environment Code

- This Act makes provision for the protection of the environment of a broad
sense. Its provisions are divided into Titles, the major part of them dealing with
specific aspects of environment protection.
- Title I makes provision with respect to air and noise pollution.
- Title II to prescribe management guidelines aimed to protect and improve the
quality of Philippine water resources.
- The National Pollution Control Commission shall prescribe quality and
effluent standards consistent with the guidelines set by the National
Environmental Protection Council and the classification of waters
- Title III makes provision with respect to land management.
- Title IV is to provide the basics on the management and conservation of the
country's natural resources
- Remaining provisions deal with waste management and provide for
miscellaneous matters including public hearings, environmental monitoring
and incentives.

NOTES in CLJ 5- Environmental Laws and Protection

16
 - Amended by Philippine Clean Water Act of 2004 (Republic Act No. 9275)
- Signed on June 6, 1977

PD No. 1153 Requiring The Planting Of One Tree Every Month For Five Consecutive
Years By Every Citizen Of The Philippines
- It is the policy of the State to call upon every citizen of the Philippines to help,
as a duty and obligation, to conserve and develop the resources of the
country.
- The planting should be done in lands or lots owned by his family, in lands or
lots leased by his family with the consent of the owner thereof, and in lands
which are parts of public grounds or places such as plazas, schools, markets,
roadside and parks.
- Repealed by Executive Order 287 on July 25, 1987 by Corazon Aquino.
- Signed on June 6, 1977.

PD No. 1198 Requiring All Individuals, Partnerships Or Corporations Engaged In The

Exploration, Development And Exploitation Of Natural Resources Or In The
Construction Of Infrastructure Projects To Restore Or Rehabilitate Areas
Subject Thereof Or Affected Thereby To Their Original Condition
- All individuals, partnerships or corporations engaged in the exploitation of
natural resources like those engaged in mining, quarrying, or construction
dams, irrigation systems, roads and bridges and other infrastructure projects,
as well as those engaged in similar or related operations or activities, shall, to
the fullest extent possible, restore, rehabilitate, and return the lands, rivers,
and natural environment subject thereof or affected thereby to their original
conditions as of before such operations or activities.
- Signed on September 19, 1977

PD No. 1219 The Coral Resources Development And Conservation Decree

- It is declared to be the policy of the State to promote and regulate the
exploration, exploitation, utilization and conservation of coral resources,
whether existing beneath territorial waters or in the marine economic zone of
the Philippines, and to ensure the protection of these resources as provided
for under other existing laws.
- This Decree shall be implemented by the Bureau of Fisheries and Aquatic
Resources, who shall have the jurisdiction and responsibility in the
exploration, exploitation, utilisation and conservation of coral resources.
- The gathering, harvesting, collecting, transporting, possession, sale and/or
exporting of ordinary corals either in raw or processed form in any quantity are
prohibited.
- Only permits for research purposes and experimental gathering may be
issued.
- Signed on October 14, 1977

PD No. 1251 Imposing A Fee On Operating Mining Companies To Be Known As "Mine

Wastes And Tailings Fee" To Compensate For Damages To Private
Landowners And For Other Purposes
- A semi-annual fee to be known as “Mine Wastes and Tailings Fee” is
imposed on all operating mining companies at such amount/s to be

NOTES in CLJ 5- Environmental Laws and Protection

17
 determined by the Secretary of National Resources, upon the recommendation
of the Director of Mines.
- The Mine Wastes and Tailings Fee shall accrue to a reserve fund to be used
exclusively for payment of damages on lands, agricultural crops and forest
products, marine life and aquatic resources, the destruction of infrastructures,
and the revegetation and rehabilitation of silted farm lands and other areas
devoted to agriculture and fishing caused by pollution due to the operation of
mining companies.
- Signed on November 28, 1977

PD No. 1433 Plant Quarantine Decree of 1978

- The importation and/or introduction into the Philippines of plants, plant
products, soil, packing materials of plant origin may be subject to such
quarantine orders, rules and regulations as may be promulgated, from time to
time, by the Director of Plant Industry with the approval of the Secretary of
Agriculture (sect. 3).
- The importation of certain species of animals that are liable to become
agricultural crop pests is prohibited by section 4.
- Director and/or Plant Quarantine Officers shall cause the inspection and
phytosanitary certification of all plants, plant products and other related
materials capable of harbouring plant pests, if the importing country so
requires (sect. 6).
- Section 8 provides for domestic quarantine of plants and plant products.
- Section 10 spells out the powers and duties of plant quarantine officers.
- Signed on June 10, 1978

PD No. 1586 Establishing An Environmental Impact Statement System, Including Other

Environmental Management Related Measures And For Other Purposes
- The decree established an Environmental Impact Statement System based on
the environmental impact statement required of all national agencies and
instrumentalities, for any proposed project and undertaking.
- The main objective of this law is to maintain the balance between the
environment and the socio-economic development of the country.
- Environmental Impact Statement. A government document that outlines the
impact of a proposed project on its surrounding environment.
- The government/ president may declare certain projects, undertaking or areas
in the country.
- No project must be implemented without first securing the Environmental
Compliance Certificate issued by the president or any authorize
representative.
- National Environmental Protection Council. Lead agency which shall have
jurisdiction to undertake the preparation of the necessary environmental
impact statements on declared environmentally critical projects and areas.
- Environmentally Non-Critical Projects- All other projects, undertakings and
areas not declared by the President as environmentally critical shall be
considered as non-critical and shall not be required to submit an
environmental impact statement
- However require non-critical projects and undertakings to provide additional
environmental safeguards as it may deem necessary.
- Environmental Revolving Fund. Proceeds from the penalties imposed by the

NOTES in CLJ 5- Environmental Laws and Protection

18
 National Pollution Control Commission as authorized in P.D. 984, shall be
automatically appropriated into an Environment Revolving Fund.
- Signed on June 6 1978

RA No. 3571 An Act to Prohibit 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 Any Other Public Ground
- The Act provides for the protection of flowers, plants and trees from felling and
destruction in order to ensure climate preservation, and the appointed
authority shall be the Director of Parks and Wildlife.
- The Director of Parks and Wildlife shall have the power to create a
committee in each and every municipality in the Philippines and shall appoint
any civic conscious and well-travelled citizen as chairman, and the municipal
mayor, the municipal treasurer, the supervising school teacher, and the
municipal health officer, as ex officio members.
- Signed on June 21, 1963

RA No. 3931 An Act Creating The National Water And Air Pollution Control Commission
- The Act declares as national policy "to maintain reasonable standards of purity
for the waters and of this country with their utilization for domestic, agricultural,
industrial and other legitimate purposes".
- National Water and Air Pollution Control Commission. Have the task to
encourage voluntary cooperation in the field of water pollution abatement; it
shall serve as arbitrator for the determination of reparations involved in the
damages and losses resulting from the pollution; it shall devise, consult,
participate, cooperate and enter into agreements, particularly with various
provincial and municipal governments, for the furtherance of the purpose of
this Act. It shall also prepare and develop a comprehensive plan for the
abatement of existing pollution and issue standards, rules and regulations to
govern city and district engineers in the approval of plans and specifications
for sewage works and industrial wastes, etc.
- Signed on June 18, 1964

RA No. 4850 Laguna Lake Development Act

- This Act provides for the establishment of the Laguna Lake Development
Authority to rationalize the uncontrolled and underutilized resources of the
Lake which was threatened by the spillover effects of urbanization, industrial
pollution and a growing population.
- Signed on July 18, 1966.

RA No. 6969 Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990
- This Act makes provisions in order to regulate, restrict and/or prohibit the
importation, manufacture, processing, sale, distribution, use and disposal of
chemical substances and mixtures presenting risk and/or injury to human and
animal health or to the environment; it provides for the prohibition of entry and
transit of hazardous and nuclear wastes and their disposal into the Philippine
while encouraging research and studies on toxic chemicals.
- The provisions of this Act shall cover the importation, manufacture,
processing, handling, storage, transportation, sale, distribution, use and

NOTES in CLJ 5- Environmental Laws and Protection

19
 disposal of all unregulated chemical substances and mixtures, including entry,
transit, storage and disposal of hazardous and nuclear wastes into the country
for whatever purpose.
- Department of Environment and Natural Resources. The implementing
agency of this act.
- Inter-Agency Technical Advisory Council. Assist the DENR in the
formulation of the pertinent rules and regulations for the effective
implementation of this Act and in the preparation and updating of the inventory
of chemical substances and mixtures. To conduct preliminary evaluation of the
characteristics of chemical substances and mixtures to determine their toxicity
and effects on health and the environment and make the necessary
recommendations to the Department of Environment and Natural Resources
- Signed on October 26, 1990
RA No. 7076 People's Small-scale Mining Act of 1991
- Objective: to promote, develop, protect and rationalize viable small-scale
mining activities in order to generate more employment opportunities and
provide an equitable sharing of the nation's wealth and natural resources,
giving due regard to existing rights.
- Signed in June 27, 1991

RA No. 7160 Local Government Code of 1991

- Law that devolves certain powers and responsibilities from the national
government to local government units (LGUs). While the law primarily focuses
on local governance, it does have provisions related to environmental
protection such as, empowers local government units, particularly the
Sangguniang Bayan (Municipal Council), Sangguniang Panlalawigan
(Provincial Board), and Sangguniang Panlungsod (City Council) given the
authority to enact ordinances to protect the environment and impose
appropriate penalties for acts which endanger the environment.
- Signed on October 10, 1991.

RA No. 7586 National Integrated Protected Areas System Act of 1992

- Objectives: to secure for the Filipino people of present and future generations
the perpetual existence of all native plants and animals through the
establishment of a comprehensive system of integrated protected areas within
the classification of national park as provided for in the Constitution
- National Integrated Protected Areas System (NIPAS). The classification
and administration of all designated protected areas to maintain essential
ecological processes and life-support systems, to preserve genetic diversity, to
ensure sustainable use of resources found therein, and to maintain their
natural conditions to the greatest extent possible.
- 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.
- Categories of Protected Areas: Strict nature reserve, Natural park, Natural
monument, Wildlife sanctuary, Protected landscapes and seascapes,
Resource reserve, and Natural biotic areas
- Approved: June 01 1992

NOTES in CLJ 5- Environmental Laws and Protection

20
RA No. 7611 Strategic Environmental Plan (SEP) for Palawan Act
- Declaration of Policy: It is hereby declared the policy of the State to protect,
develop and conserve its natural resources. Towards this end, it shall assist
and support the implementation of plans, programs and projects formulated to
preserve and enhance the environment, and at the same time pursue the
socioeconomic development goals of the country.
- 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.
It 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
- Environmental Monitoring and Evaluation System (EMES). To monitor
achievement of its goals of the SEP. To ensure a systematic and reliable
means of data generation for the various concerns of the SEP. And to
measure changes in environmental status, identify adverse environmental
trends and crisis areas, recommend solutions, assess the implementation of
the SEP, and suggest measures to make the SEP more responsible to the
changing needs.
- Palawan Council for Sustainable Development. Administrative Machinery
for the Implementation of the SEP
Function: governance, implementation and policy direction of the Strategic
Environmental Plan
- Approved: June 19, 1992

RA No. 7942 Philippine Mining Act of 1995

- Designed to revive the mining industry and attract more foreign investment by
defining the agreements for mineral exploitation, and provide the requirements
for acquiring mining rights.
- Department of Environment and Natural Resources- primary government
agency responsible for the conservation, management, development, and
proper use of the State's mineral resources including those in reservations,
watershed areas, and lands of the public domain.
- Mines and Geosciences Bureau- have direct charge in the administration
and disposition of mineral lands and mineral resources and shall undertake
geological, mining, metallurgical, chemical, and other researches as well as
geological and mineral exploration surveys.
- Signed on June 28, 2010.

RA No. 8485 The Animal Welfare Act Of 1998

- It is the purpose of this Act to protect and promote the welfare of all animals in
the Philippines by supervising and regulating the establishment and operations
of all facilities utilized for breeding, maintaining, keeping, treating or training of
all animals either as objects of trade or as household pets.
- No person shall start an animal business without first securing from the Bureau
of Animal Industry a certificate of registration therefor (sect. 2).
- The certificate shall be issued upon proof that the facilities of such
establishment for animals are adequate, clean and sanitary and will not be
used for, nor cause pain and/or suffering to the animals.
- The certificate shall be valid for a period of one year.

NOTES in CLJ 5- Environmental Laws and Protection

21
 - The Director of the Bureau of Animal Industry shall be charged with
supervision of the animals industry.
- There is hereby created a Committee on Animal Welfare attached to the
Department of Agriculture.
- The Law declares torturing, neglecting to provide adequate care, sustenance
or shelter, or maltreating any animal to be an offence (sect. 6).
- It shall be the duty of every person to protect the natural habitat of the wildlife.
- The destruction of said habitat shall be considered as a form of cruelty to
animals and its preservation is a way of protecting the animals (sect. 7).
- Signed on February 11, 1998

RA No. 8550 The Philippine Fisheries Code of 1998

- The Code makes provision for the management and conservation of fisheries
and aquaculture in the Philippines and the reconstitution or establishment of
fisheries institutions both at the national and local level.
- Chapter 1 declares the policy of the State with respect to fisheries and
contains a large definitions section. It is a declared policy to limit access to the
fishery and aquatic resources of the Philippines for the exclusive use and
enjoyment of all citizens, including women and youth sectors. Another principle
of policy is the protection of municipal fishermen. Fishery and aquatic
resources shall be managed in a manner consistent with the concept of
integrated coastal area management.
- Chapter II contains the main body of rules relative to the management and
conservation of fisheries and to aquaculture. Fisheries are classified in
municipal fisheries, i.e. fishing in municipal waters, and commercial fishing.
Provisions of the Chapter also regulate post-harvest facilities, activities and
trade.
- The Bureau of Fisheries and Aquatic resources is reconstituted and Fisheries
and Aquatic Management Councils are created under provisions of Chapter III.
The Bureau is a national policy advisory and policy implementation body. A
National Fisheries and Aquatic Management Council is created under section
70 and municipal/city councils under section 73. These institutions shall assist
in the formulation of national polices and local policies respectively. The
Department of Fisheries may designate areas in Philippine waters beyond 15
kilometres of the shoreline as fishery reservation or fish refuges and
sanctuaries in bays, foreshore lands, continental shelf or any fishing ground to
be set aside for the cultivation of mangroves to strengthen the habitat and the
spawning grounds of fish.
- Signed on February 25, 1998

RA No. 8749 Philippine Clean Air Act of 1999

- This Act establishes a comprehensive air pollution control policy for the
country by preserving and protecting air quality, establishing an air quality
management system, prohibiting certain forms of waste disposal, and
regulating emissions.
- The Act consists of 7 Chapters and 51 sections: General Provisions (1); Air
Quality Management System (2); Fuels, Additives, Substances and Pollutants
(3); Institutional Mechanism (4); Actions (5); Fines and Penalties (6); Final
provisions (7).
- Signed on June 23, 1999

NOTES in CLJ 5- Environmental Laws and Protection

22
RA No. 9003 Ecological Solid Waste Management Act of 2000
- The act provides for a comprehensive ecological solid waste management
program by creating the necessary institutional mechanisms and incentives,
appropriating funds, declaring certain acts prohibited, and providing penalties.
- It contains seven (7) chapters, sub- divided into 66 sections setting out policy
direction for an effective solid waste management program in the country.
- Signed on January 26, 2001

RA No. 9072 National Caves and Cave Resources Management and Protection Act
- 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, sinkhole or other feature
which is an extension of the entrance.
- Cave resources is defined as "any material or substance occurring naturally
in caves, such as animal life, plant life, including paleontological and
archaeological deposits, cultural artifacts or products of human activities,
sediments, minerals, speleogems and speleothems".
- The Cooperation and exchange of information between governmental
authorities and Academy for scientific, educational, recreational, tourism and
other purposes shall be implemented and taken care of in order to better
manage and protect the above mentioned resources.
- Signed on April 8, 2001

RA No. 9147 Wildlife Resources Conservation and Protection Act

- 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 areas as per the Republic Act No. 7586, National
Integrated Protected Areas System (NIPAS) Act and also to exotic species
that could be traded,live, and/or bred in captivity or propagated in the country.
- The Department of Environment and Natural Resources (DENR) shall
preside over all terrestrial plants and animals, turtles and tortoises and wetland
species, including also crocodiles, waterbirds and all amphibians and dugong;
while the Department of Agriculture (DA) shall provide for all aquatic
habitats deemed critical, all aquatic resources including all fishes, aquatic
plants, invertebrates and all marine mammals, except dugong.
- Signed on July 30, 2001

RA No. 9175 Chain Saw Act of 2002

- This Regulation pursue the policy of the state to conserve, develop and protect
the forest resources through sustainable forest management (SFM).

NOTES in CLJ 5- Environmental Laws and Protection

23
 - This Order is promulgated to regulate the purchase, ownership, possession,
sale, transfer, importation and/or use of chainsaws to prevent them from being
used in illegal logging or unauthorized clearing of forest.
- The Regulation provides for persons authorized to purchase, transfer the
ownership, import, manufacture, distribute, and sell, re-sell chainsaws.
- Registration of the chainsaws is required with the Community Environment
and Natural Resources Office and it is required to get permit/authority for
these actions.
- The regulation further establish penal provisions and judicial confiscation for
any actions without permit, unlawful importation, manufacturing and use of
chainsaw.
- Signed on November 7, 2002

RA No. 9275 Philippine Clean Water Act of 2004

- This Act provides for the abatement and control of pollution from land based
sources, and lays down water quality standards and regulations.
- The Act shall apply to water quality management in all water bodies: fresh,
brackish and marine waters.
- The Act among other things shall provide for: the designation of water quality
management areas by the Department, in coordination with the National Water
Resources Board; the designation of water bodies where specific pollutants
from either natural or man-made sources have already exceeded water quality
guidelines as non-attainment areas for the exceeded pollutants; a national
program on sewerage and septic management; domestic sewage collection,
treatment and disposal; water pollution permits and charges; offences and
penalties; etc.
- Signed on March 22, 2004

RA No. 9512 National Environmental Awareness and Education Act of 2008

- The National Environmental Awareness and Education Act promotes national
awareness of the importance of environmental education for sustainable
national development in the Philippines.
- This policy mandates that environmental education be integrated into school
curricula at all levels, and that students are provided with a core curricular
foundation in environmental issues and laws, the state of international and
local environmental policy, citizens' responsibilities to participate in
environmental behavior, and sustainable development.
- The Department of Education, the Commission on Higher Education, the
Technical Education and Skills Development Authority, the Department of
Social Welfare and Development, in coordination with the Department of
Environment and Natural Resources, the Department of Science and
Technology and other relevant agencies shall be responsible for implementing
public education and awareness programs on environmental protection and
conservation.
- Signed on December 12, 2008

RA No. 9729 Climate Change Act of 2009

- This Act aims to integrate disaster risk reduction measures into climate change
adaptation plans, development and poverty reduction programs.
- The Act provides for the establishment of a Climate Change Commission to

NOTES in CLJ 5- Environmental Laws and Protection

24
 formulate and implement plans for the country to cushion the impact of natural
disasters. The Commission shall be an independent and autonomous body
and shall have the same status as that of a national government agency. The
Commission shall be the sole policy-making body of the government which
shall be tasked to coordinate, monitor and evaluate the programs and action
plans of the government relating to climate change.
- The Commission shall formulate a Framework Strategy on Climate Change
to serve as a basis for a program for climate change planning, research and
development, extension, and monitoring of activities to protect vulnerable
communities from the adverse effects of climate change.
- The Framework shall be formulated based on climate change vulnerabilities,
specific adaptation needs, and mitigation potential and in accordance with
international agreements.
- The Commission shall also formulate a National Climate Change Action
Plan in accordance with the Framework.
- The local government units shall be the frontline agencies in the formulation
planning and implementation of climate change actions plans in their
respective areas.
- Signed on October 23, 2009

RA No. 10121 Philippine Disaster Risk Reduction and Management Act of 2010
- RA 10121 provides a comprehensive, all-hazard, multi-sectoral, inter-agency,
and community-based approach to disaster risk management through the
formulation of the National Disaster Risk Management Framework.
- A National Disaster Risk Management Plan (NDRMP) is being formulated,
developed, and implemented as the master plan that will provide the
strategies, organization, tasks of concerned agencies and local government
units, and other guidelines in dealing with disasters or emergencies.
- The Act mandates the establishment of a Disaster Risk Reduction and
Management Office (DRRMO) in every province, city and municipality, and a
Barangay Disaster Risk Reduction and Management Committee (BDRRMC) in
every barangay.
- The Strategic National Action Plan on Disaster Risk Reduction for 2009-
2019 aims to enhance the capacities of Local Disaster Risk Reduction and
Management Councils.
- It provides for the calamity fund to be used in support of disaster risk
reduction or mitigation, prevention, and preparedness activities for the
potential occurrence of disasters and not just for response, relief, and
rehabilitation efforts.
- Signed on May 27, 2010

RA No. 11038 Expanded National Integrated Protected Areas System (E-NIPAS) Act of
2018
- Encompass ecologically rich and unique areas and biologically important
public lands that are habitats of rare and threatened species of plants and
animals , biogeographic zones and related ecosystems, whether terrestrial,
wetland or marine, all of which shall be designated as 'protected areas'.
- The Law provides for the environmental and natural resources offices and
protected area management offices where protected areas are located.
- Signed on June 22, 2018

NOTES in CLJ 5- Environmental Laws and Protection

25
 SB No. 668 Graduation Legacy for the Environment Act of 2019
- It shall make tree planting mandatory for every graduating elementary, high
school, and college student and include the ethical use of our natural
resources in the Philippine educational system.
- The trees planted by the graduating students shall be their living legacy to the
environment and future generations of Filipinos.
- With over 12 million students graduating from elementary and nearly five
million students graduating from high school and almost 500,000 graduating
from college each year, this initiative, if properly implemented, will ensure that
at least 175 million new trees would be planted each year. In the course of one
generation, no less than 525 billion can be planted under this initiative
- Pending in the Committee (8/13/2019)

CHAPTER 3- BROWN LAWS

1. Clean Air Act- RA No. 9275

2. Clean Water Act- RA No. 8749
3. Ecological Solid Waste Management Act- RA No. 9003

REPUBLIC ACT NO. 8749 - PHILIPPINE CLEAN AIR ACT OF 1999

 Policy of the state to:

- protect and advance the right of people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature;
- attain and maintain a balance between development and environmental protection; and
- maintain a quality of air that protects human health and welfare.
 Air Quality Principles:
- The State shall promote and protect the global environment to attain sustainable
development while recognizing the primary responsibility of local government units to deal
with environmental problems.
- The State recognizes that the responsibility of cleaning the habitat and environment is
primarily area-based and that air quality management and control is most effective at the
level of airsheds.
- The State recognizes the principle that “polluters must pay” and the important role of
economic instruments in air quality management and control.
- The State recognizes that a clean and healthy environment is for the good of all and should
therefore be a concern of all.
 Recognition of Rights. The following rights of the citizens are hereby sought to be recognized
and the State shall seek to guarantee their enjoyment:
- (a) The right to breathe clean air;
- (b) The right to utilize and enjoy all natural resources according to the principles of
sustainable development;
- (c) The right to participate in the formulation, planning, implementation and monitoring of
environmental policies and programs and in the decision-making process;

NOTES in CLJ 5- Environmental Laws and Protection

26
 - (d) The right to participate in the decision-making process concerning development policies,
plans and programs projects or activities that may have adverse impact on the environment
and public health;
- (e) The right to be informed of the nature and extent of the potential hazard of any activity,
undertaking or project and to be served timely notice of any significant rise in the level of
pollution and the accidental or deliberate release into the atmosphere of harmful or
hazardous substances;
- (f) The right of access to public records which a citizen may need to exercise his or her
rights effectively under this Act;
- (g) The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation
of environmental laws and regulations, to compel the rehabilitation and cleanup of affected
area, and to seek the imposition of penal sanctions against violators of environmental laws;
and
- (h) The right to bring action in court for compensation of personal damages resulting from
the adverse environmental and public health impact of a project or activity.
 Regulation of all Motor Vehicles and Engine
- Any imported new or locally-assembled new motor vehicle shall not be registered unless it
complies with the emission standards set pursuant to this Act, as evidenced by a Certificate
of Conformity (COC) issued by the Department.
- Any imported new motor vehicle engine shall not be introduced into commerce, sold or used
unless it complies with emission standards set pursuant to this Act.
- Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major
parts or components shall not be registered unless it complies with the emission standards.
- In case of non-compliance, the importer or consignee may be allowed to modify or rebuild
the vehicular engine so it will be in compliance with applicable emission standards.
- No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the
emission testing requirement promulgated in accordance with this Act. Such testing shall be
conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to
date of registration.
- The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles
and engines including devices in order to ensure that such vehicles will conform to the
emissions which they were certified to meet. These regulations shall include provisions for
ensuring the durability of emission devices.
 Second-Hand Motor Vehicle Engines
- Any imported second-hand motor vehicle engine shall not be introduced into commerce,
sold or used unless it complies with emission standards set pursuant to this Act.
 Pollution From Smoking
- Smoking inside a public building or an enclosed public place including public vehicles and
other means of transport or in any enclosed area outside of one's private residence, private
place of work or any duly designated smoking area is hereby prohibited under this Act. This
provision shall be implemented by the LGUs.
 Regulation of Fuels and Fuel Additives
- The DOE, in coordination with the Department and the BPS, shall regulate the use of any
fuel or fuel additive. No manufacturer, processor or trader of any fuel or additive may import,
sell, offer for sale, or introduce into commerce such fuel for additive unless the same has
been registered with the DOE. Prior to registration, the manufacturer, processor or trader
shall provide the DOE with the following relevant information:

NOTES in CLJ 5- Environmental Laws and Protection

27
 a) Product identity and composition to determine the potential health effects of such fuel
additives;
b) Description of the analytical technique that can be used to detect and measure the
additive in any fuel;
c) Recommended range of concentration; and
d) Purpose in the use of the fuel and additive.
 Misfueling
- In order to prevent the disabling of any emission control device by lead contamination, no
person shall introduce or cause or allow the introduction of leaded gasoline into any motor
vehicle equipped with a gasoline tank filler inlet and labeled "unleaded gasoline only". This
prohibition shall also apply to any person who knows or should know that such vehicle is
designed solely for the use of unleaded gasoline.
 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.
- For existing vehicles, the DTI shall formulate standards and procedures that will allow non-
conforming engines to comply with the use of unleaded fuel within five(5) years after the
effectivity of this Act.
 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.
- Within sixty (60) days after the enactment of this Act, the Department shall publish a list of
substances which are known to cause harmful effects on the stratospheric ozone layer.
 Greenhouse Gases.
- The Philippine Atmospheric, Geophysical and Astronomical Service Administration
(PAGASA) shall regularly monitor meteorological factors affecting environmental conditions
including ozone depletion and greenhouse gases and coordinate with the Department in
order to effectively guide air pollution monitoring and standard-setting activities.
- The Department, together with concerned agencies and local government units, shall
prepare and fully implement a national plan consistent with the United Nations Framework
Convention on Climate Change and other international agreements, conventions and
protocols on the reduction of greenhouse gas emissions in the country.
 Radioactive Emissions.
- All projects which will involve the use of atomic and/or nuclear energy, and will entail release
and emission of radioactive substances into the environment, incident to the establishment
or possession of nuclear energy facilities and radioactive materials, handling, transport,
production, storage, and use of radioactive materials, shall be regulated in the interest of
public health and welfare by the Philippine Nuclear Research Institute (PNRI), in
coordination with Department and other appropriate government agencies.

REPUBLIC ACT NO. 9275 - PHILIPPINE CLEAN WATER ACT OF 2004

The Philippine Clean Water Act of 2004 (Republic Act No. 9275) aims to protect the country’s water
bodies from pollution from land-based sources (industries and commercial establishments, agriculture

NOTES in CLJ 5- Environmental Laws and Protection

28
and community/household activities). It provides for a comprehensive and integrated strategy to
prevent and minimize pollution through a multi-sectoral and participatory approach involving all the
stakeholders.
 Policy of the state to:
- To streamline processes and procedures in the prevention, control and abatement of
pollution of the country’s water resources;
- To promote environmental strategies, use of appropriate economic instruments and of
control mechanisms for the protection of water resources;
- To formulate a holistic national program of water quality management that recognizes that
water quality management issues cannot be separated from concerns about water sources
and ecological protection, water supply, public health and quality of life;
- To formulate an integrated water quality management framework through proper delegation
and effective coordination of functions and activities;
- To promote commercial and industrial processes and products that are environment friendly
and energy efficient;
- To encourage cooperation and self-regulation among citizens and industries through the
application of incentives and market-based instruments and to promote the role of private
industrial enterprises in shaping its regulatory profile within the acceptable boundaries of
public health and environment;
- To provide for a comprehensive management program for water pollution focusing on
pollution prevention;
- To promote public information and education and to encourage the participation of an
informed and active public in water quality management and monitoring;
- To formulate and enforce a system of accountability for short and long-term adverse
environmental impact of a project, program or activity; and
- To encourage civil society and other sectors, particularly labor, the academe and business
undertaking environment-related activities in their efforts to organize, educate and motivate
the people in addressing pertinent environmental issues and problems at the local and
national levels.
 How will water quality be managed? Water Quality Management System
- Management of water quality will either be based on watershed, river basin or water
resources region. Water quality management areas with similar hydrological, meteorological
or geographic conditions which affect the reaction and diffusion of pollutants in water bodies
are to be designated by the DENR in coordination with the National Water Resources
Board.
 How will water quality be managed?
- All owners or operators of facilities that discharge wastewater are required to get permit
from the DENR or the Laguna Lake Development Authority. Existing industries without any
permit are given 12 months from the effectivity of the IRR promulgated pursuant to this Act
to secure permit to discharge.
 How will water quality be managed?
- The DPWH, in coordination with LGUs will prepare a national program on sewage and
septage management not later than 12 months from effectivity of this Act. A priority list will
likewise be prepared which will be the basis by the national government for the construction
and rehabilitation of required facilities.

NOTES in CLJ 5- Environmental Laws and Protection

29
 - The LGUs are to provide the land including road right of the way for the construction of
sewage and/or septage treatment facilities and raise funds for the operations and
maintenance of said facilities.
- The DOH will formulate guidelines and standards for the collection, treatment and disposal
of sewage as well as the guidelines for the establishment and operation of centralized
sewage treatment system. The MWSS and other agencies mandated to provide water
supply and sewerage facilities are required to connect existing sewage lines, subject to the
payment of sewerage service charges/ fees within five years following effectivity of this 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 Republic Act 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 or any violation of any condition therein;
- Noncompliance 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;
- 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; and

NOTES in CLJ 5- Environmental Laws and Protection

30
 - 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.

REPUBLIC ACT NO. 9003 - ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000
 Policy of the state to:
- Ensure the protection of public health and environment;
- Utilize environmentally-sound methods that maximize the utilization of valuable resources
and encourage resource conservation and recovery;
- Set guidelines and targets for solid waste avoidance and volume reduction through source
reduction and waste minimization measures, including composting, recycling, re-use,
recovery, green charcoal process, and others, before collection, treatment and disposal in
appropriate and environmentally sound solid waste management facilities in accordance
with ecologically sustainable development principles;
- Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid
waste through the formulation and adoption of the best environmental practice in ecological
waste management excluding incineration;
- Promote national research and development programs for improved solid waste
management and resource conservation techniques, more effective institutional
arrangement and indigenous and improved methods of waste reduction, collection,
separation and recovery;
- Encourage greater private sector participation in solid waste management;
- Retain primary enforcement and responsibility of solid waste management with local
government units while establishing a cooperative effort among the national government,
other local government units, non-government organizations, and the private sector;
- Encourage cooperation and self-regulation among waste generators through the application
of market-based instruments;
- Institutionalize public participation in the development and implementation of national and
local integrated, comprehensive and ecological waste management programs; and
- Strengthen the integration of ecological solid waste management and resource conservation
and recovery topics into the academic curricula of formal and non-formal education in order
to promote environmental awareness and action among the citizenry.
 Definition of Terms
- Agricultural waste shall refer to waste generated from planting or harvesting of crops,
trimming or pruning of plants and wastes or run-off materials from farms or fields;
- Bulky wastes shall refer to waste materials which cannot be appropriately placed in
separate containers because of either its bulky size, shape or other physical attributes.
These include large worn-out or broken household, commercial, and industrial items such as
furniture, lamps, bookcases, filing cabinets, and other similar items;
- Buy-back center shall refer to a recycling center that purchases or otherwise accepts
recyclable materials from the public for the purpose of recycling such materials;
- Composting shall refer to the controlled decomposition of organic matter by micro-
organisms, mainly bacteria and fungi, into a humus-like product;
- Consumer electronics shall refer to special wastes that include worn-out, broken, and
other discarded items such as radios, stereos, and TV sets;

NOTES in CLJ 5- Environmental Laws and Protection

31
- Controlled dump shall refer to a disposal site at which solid waste is deposited in
accordance with the minimum prescribed standards of site operation;
- Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or placing of any
solid waste into or in any land;
- Disposal site shall refer to a site where solid waste is finally discharged and deposited;
- Ecological solid waste management shall refer to the systematic administration of
activities which provide for segregation at source, segregated transportation, storage,
transfer, processing, treatment, and disposal of solid waste and all other waste management
activities which do not harm the environment;
- Environmentally acceptable shall refer to the quality of being re-usable, biodegradable or
compostable, recyclable and not toxic or hazardous to the environment;
- Generation shall refer to the act or process of producing solid waste;
- Hazardous waste shall refer to solid waste or combination of solid waste which because of
its quantity, concentration, or physical, chemical or infectious characteristics may: cause, or
significantly contribute to an increase in mortality or an increase in serious irreversible, or
incapacitating reversible, illness; or pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored, transported, or disposed of, or
otherwise managed;
- Leachate shall refer to the liquid produced when waste undergo decomposition, and when
water percolate through solid waste undergoing decomposition. It is contaminated liquid that
contains dissolved and suspended materials;
- Materials recovery facility — includes a solid waste transfer station or sorting station,
drop-off center, a composting facility, and a recycling facility;
- Municipal waste shall refer to wastes produced from activities within local government units
which include a combination of domestic, commercial, institutional and industrial wastes and
street litters;
- Open dump shall refer to a disposal area wherein the solid wastes are indiscriminately
thrown or disposed of without due planning and consideration for environmental and health
standards;
- Opportunity to recycle shall refer to the act of providing a place for collecting source-
separated recyclable material, located either at a disposal site or at another location more
convenient to the population being served, and collection at least once a month of source-
separated recyclable material from collection service customers and to providing a public
education and promotion program that gives notice to each person of the opportunity to
recycle and encourage source separation of recyclable material;
- Post-consumer material shall refer only to those materials or products generated by a
business or consumer which have served their intended end use, and which have been
separated or diverted from solid waste for the purpose of being collected, processed and
used as a raw material in the manufacturing of a recycled product, excluding materials and
by-products generated from, and commonly used within an original manufacturing process,
such as mill scrap;
- Recyclable material shall refer to any waste material retrieved from the waste stream and
free from contamination that can still be converted into suitable beneficial use or for other
purposes, including, but not limited to, newspaper, ferrous scrap metal, non-ferrous scrap
metal, used oil, corrugated cardboard, aluminum, glass, office paper, tin cans and other
materials as may be determined by the Commission;

NOTES in CLJ 5- Environmental Laws and Protection

32
- Recycled material shall refer to post-consumer material that has been recycled and
returned to the economy;
- Recycling shall refer to the treating of used or waste materials through a process of making
them suitable for beneficial use and for other purposes, and includes any process by which
solid waste materials are transformed into new products in such a manner that the original
products may lose their identity, and which may be used as raw materials for the production
of other goods or services: Provided, That the collection, segregation and re-use of
previously used packaging material shall be deemed recycling under this Act;
- Resource conservation shall refer to the reduction of the amount of solid waste that are
generated or the reduction of overall resource consumption, and utilization of recovered
resources;
- Resource recovery shall refer to the collection, extraction or recovery of recyclable
materials from the waste stream for the purpose of recycling, generating energy or
producing a product suitable for beneficial use: Provided, That, such resource recovery
facilities exclude incineration;
- Re-use shall refer to the process of recovering materials intended for the same or different
purpose without the alteration of physical and chemical characteristics;
- Sanitary landfill shall refer to a waste disposal site designed, constructed, operated and
maintained in a manner that exerts engineering control over significant potential
environmental impacts arising from the development and operation of the facility;
- Schedule of Compliance shall refer to an enforceable sequence of actions or operations to
be accomplished within a stipulated time frame leading to compliance with a limitation,
prohibition, or standard set forth in this Act or any rule or regulation issued pursuant thereto;
- Segregation shall refer to a solid waste management practice of separating different
materials found in solid waste in order to promote recycling and re-use of resources and to
reduce the volume of waste for collection and disposal;
- Segregation at source shall refer to a solid waste management practice of separating, at
the point of origin, different materials found in solid waste in order to promote recycling and
re-use of resources and to reduce the volume of waste for collection and disposal;
- Solid waste shall refer to all discarded household, commercial waste, non-hazardous
institutional and industrial waste, street sweepings, construction debris, agricultural waste,
and other non-hazardous/non-toxic solid waste.
- Solid waste management shall refer to the discipline associated with the control of
generation, storage, collection, transfer and transport, processing, and disposal of solid
wastes in a manner that is in accord with the best principles of public health, economics,
engineering, conservation, aesthetics, and other environmental considerations, and that is
also responsive to public attitudes;
- Special wastes shall refer to household hazardous wastes such as paints, thinners,
household batteries, lead-acid batteries, spray canisters and the like. These include wastes
from residential and commercial sources that comprise of bulky wastes, consumer
electronics, white goods, yard wastes that are collected separately, batteries, oil, and tires.
These wastes are usually handled separately from other residential and commercial wastes;
- White goods shall refer to large worn-out or broken household, commercial, and industrial
appliances such as stoves, refrigerators, dishwashers, and clothes washers and dryers
collected separately. White goods are usually dismantled for the recovery of specific
materials (e.g., copper, aluminum, etc.); and

NOTES in CLJ 5- Environmental Laws and Protection

33
 - Yard waste shall refer to wood, small or chipped branches, leaves, grass clippings, garden
debris, vegetable residue that is recognizable as part of a plant or vegetable and other
materials identified by the Commission.
 National Solid Waste Management Commission.
- Under the Office of the President, composed of 14 members from the government sector
and 3 members from the private sector
- The Commission shall oversee the implementation of solid waste management plans and
prescribe policies to achieve the objectives of this Act.
 National Ecology Center
- shall provide consulting, information, training, and networking services for the
implementation of the provisions of this Act.

CHAPTER 4- GREEN LAWS

1. Revised Forestry Code- PD NO. 705

2. Chainsaw Act of 1990- RA NO. 9175
3. Wildlife Conservation Act- RA NO. 9147
4. Philippine Mining Act of 1995- RA NO. 7942
5. People’s Small Scale Mining Act- RA NO. 7076
6. Expanded National Integrated Protected Areas System- RA NO. 11038

PRESIDENTIAL DECREE NO. 705 - REVISED FORESTRY CODE OF THE PHILIPPINES

 Proper classification, management and utilization of lands to maximize productivity.
 Lays down the basic principles of forest management and conservation, makes provision for the
administration of forestry.
 Policy of the state to:
- The multiple uses of forest lands shall be oriented to the development and progress
requirements of the country, the advancement of science and technology, and the public
welfare;
- Land classification and survey shall be systematized and hastened;
- The establishment of wood-processing plants shall be encouraged and rationalized; and
- The protection, development and rehabilitation of forest lands shall be emphasized so as to
ensure their continuity in productive condition.
 Definition of Terms:
- Public forest is the mass of lands of the public domain which has not been the subject of
the present system of classification for the determination of which lands are needed for
forest purposes and which are not.
- Permanent forest or forest reserves refer to those lands of the public domain which have
been the subject of the present system of classification and determined to be needed for
forest purposes.

NOTES in CLJ 5- Environmental Laws and Protection

34
 - Alienable and disposable lands refer to those lands of the public domain which have been
the subject of the present system of classification and declared as not needed for forest
purposes.
- Forest lands include the public forest, the permanent forest or forest reserves, and forest
reservations.
- Grazing land refers to that portion of the public domain which has been set aside, in view of
the suitability of its topography and vegetation, for the raising of livestock.
- Mineral lands refer to those lands of the public domain which have been classified as such
by the Secretary of Natural Resources in accordance with prescribed and approved criteria,
guidelines and procedure.
- Forest reservations refer to forest lands which have been reserved by the President of the
Philippines for any specific purpose or purposes.
- National park refers to a forest land reservation essentially of primitive or wilderness
character which has been withdrawn from settlement or occupancy and set aside as such
exclusively to preserve the scenery.
- Marine parks refers to any off-shore area inhabited by rare and unique species of marine
flora and fauna.
- Seashore park refers to any public shore area delimited for outdoor recreation, sports
fishing, water skiing and related healthful activities.
- Watershed reservation is a forest land reservation established to protect or improve the
conditions of the water yield thereof or reduce sedimentation.
- Watershed is a land area drained by a stream or fixed body of water and its tributaries
having a common outlet for surface run-off.
- Pine forest is a forest composed of the Benguet Pine in the Mountain Provinces or the
Mindoro pine in Mindoro and Zambales provinces.
- Industrial tree plantation is any tract of forest land purposely and extensively planted to
timber crops primarily to supply the raw material requirements of existing or proposed
processing plants and related industries.
 Bureau of Forest Development
- merger of all forestry agencies namely: Bureau of Forestry, Reforestation Administration,
Southern Cebu Reforestation Administration, and Parks and Wildlife Office
- the primary government agency responsible for conservation, management, development
and proper use of the country's environment and natural resources, specifically forest and
grazing lands, mineral resources, including those in reservation and watershed areas, and
lands of public domain.
 Executive Order No. 277
- Amended Section 68. Penalizing possession of timber or other forest products without the
legal documents required by existing forest laws, authorizing the confiscation of illegally cut,
gathered, removed and possessed forest products, and granting rewards to informers of
violations of forestry laws, rules and regulations
 Establishment of Forestry Development Center
- There shall be established in the College of Forestry, University of the Philippines at Los
Baños, in coordination with the Department of Natural Resources and the wood industry.
- Tasks to conduct basic policy researches in forestry and develop or help develop an
effective machinery for forestry policy formulation and implementation.

NOTES in CLJ 5- Environmental Laws and Protection

35
REPUBLIC ACT NO. 9175 - CHAINSAW ACT OF 1990
 Policy of the state to:
- Pursue an aggressive forest protection program geared towards eliminating illegal logging
and other forms of forest destruction which are being facilitated with the use of chain saws.
- Regulate the ownership, possession, sale, transfer, importation and/or use of chain saws to
prevent them from being used in illegal logging or unauthorized clearing of forests.
 Definition of Terms:
- Chain saw refer to any portable power saw or similar cutting implement, rendered operative
by an electric or internal combustion engine or similar means, that may be used for, but is
not limited to, the felling of trees or the cutting of timber;
- Chain saw dealer refer to a person, natural or juridical, engaged in the manufacture,
importation, distribution, purchase and/or sale of chain saws.
- Chain saw user refer to any person, natural or juridical, who uses and/or operates a
chainsaw for the purpose of telling, bucking, trimming and/or breakdown into suitable sizes
of timber, coconut, anahaw, and other palms and similar woody materials, as authorized by
the DENR.
- Chainsaw owner/possessor refer to any person, natural or juridical, who owns/possesses
a chainsaw, as authorized by the DENR.
- Forestland refers to the land of the public domain which have not been declared as
alienable and disposable land and includes the public forest, reserve, forest reservations,
timber lands, grazing lands, game refuge and bird sanctuaries.
- Orchard refers to lands planted with fruit trees and other trees of economic value, including
bamboo, coconut, anahaw and othe palms.
 Persons authorized to own, possess and use chainsaws.
- Holder/s of any of the following subsisting instruments: Timber License Agreement,
Production Sharing Agreement, Co-Production Sharing Agreement, Private Land Timber
Permit, Special Private Land Timber Permit, Community-Based Forest Management
Agreement (CBFMA), Integrated Forest Management Agreement (IFMA), Socialized
Industrial Forest Management Agreement (SIFMA), Other similar tenurial instruments.
- Orchard or fruit tree farmer
- Industrial tree farmer
- Licensed wood processor, in which the chainsaw shall be used for the cutting of timber that
has been legally sold to said applicant.
- Any entity, natural or juridical who shows satisfactory proof that the possession and/or use
of the chainsaw is for a legal purpose.
- Agencies of the government, such as but not limited to Local Government Units and
Protected Area Offices, Government-Owned and Controlled Corporations (GOCCs) that use
chainsaws in some aspects of their functions.
 Registration of Chainsaws
- The Certificate of Registration of a chainsaw used for legitimate purpose shall be valid for
two (2) years upon issuance, renewable for the same period; provided that Certificates of
Registration issued to non-commercial orchard and fruit tree farmers, and similar entities
whose line of business or work are not related to wood and/or timber production, processing
and trade shall be valid for a period of five (5) years upon issuance, renewable for the same
period, unless otherwise revoked by the issuing authority.
 Punishable Acts

NOTES in CLJ 5- Environmental Laws and Protection

36
 - 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
 Chainsaws Subject to Confiscation
- Chainsaws sold, purchased, resold, transferred, distributed, leased, rented, lent or
possessed without proper permit or authority from DENR
- Chainsaws possessed and actually used to cut trees and timber in forestland or elsewhere
without valid certificate of Registration.
- Chainsaws used as tool or implement in cutting, gathering, collecting, removing and/or
processing timber or forest products without legal documents.
 Rewards for any person who gives information.
- Any person who voluntarily gives information leading to the recovery or confiscation of an
illegally possessed or unregistered chainsaw and the resultant conviction of persons
charged thereof, shall be entitled to a reward equivalent to twenty percent (20%) of the
value of the chainsaw unit(s) so confiscated.

REPUBLIC ACT NO. 9147 - WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT
 An Act providing for the conservation and protection of wildlife resources and their habitats,
appropriating funds therefor and for other purposes.
 Policy of the state to:
- to conserve and protect wildlife species and their habitats to promote ecological balance and
enhance biological diversity;
- to regulate the collection and trade of wildlife; to pursue, with due regard to the national
interest, the Philippine commitment to international conventions, protection of wildlife and
their habitats; and
- to initiate or support scientific studies on the conservation of biological diversity.
 Definition of Terms
- Bioprospecting means the research, collection and utilization of biological and genetic
resources for purposes of applying the knowledge derived therefrom solely for commercial
purposes;
- By-product or derivatives means any part taken or substance extracted from wildlife, in
raw or in processed form. This includes stuffed animals and herbarium specimens;
- Captive-breeding/culture or propagation means the process of producing individuals
under controlled conditions or with human interventions;
- Collection or collecting means the act of gathering or harvesting wildlife, its by-products or
derivatives;
- Conservation means preservation and sustainable utilization of wildlife, and/or
maintenance, restoration and enhancement of the habitat;
- Critically endangered species refers to a species or subspecies that is facing extremely
high risk of extinction in the wild in the immediate future;
- Economically important species means species which have actual or potential value in
trade or utilization for commercial purpose;
- Endangered species refers to species or subspecies that is not critically endangered but
whose survival in the wild is unlikely if the causal factors continue operating;

NOTES in CLJ 5- Environmental Laws and Protection

37
 - Endemic species means species or subspecies which is naturally occurring and found only
within specific areas in the country;
- Exotic species means species or subspecies which do not naturally occur in the country;
- Export permit refers to a permit authorizing an individual to bring out wildlife from the
Philippines to any other country;
- Gratuitous permit means permit issued to any individual or entity engaged in
noncommercial scientific or educational undertaking to collect wildlife;
- Habitat means a place or environment where a species or subspecies naturally occur or
has naturally established its population;
- Import permit refers to a permit authorizing an individual to bring in wildlife from another
country;
- Indigenous wildlife means species or subspecies of wildlife naturally occurring or has
naturally established population in the country;
- Introduction means bringing species into the wild that is outside its natural habitat;
- Reexport permit refers to a permit authorizing an individual to bring out of the country a
previously imported wildlife;
- Threatened species a general term to denote species or subspecies considered as
critically endangered, endangered, vulnerable or other accepted categories of wildlife whose
population is at risk of extinction;
- Trade means the act of engaging in the exchange, exportation or importation, purchase or
sale of wildlife, their derivatives or by-products, locally or internationally;
- Traditional use means utilization of wildlife by indigenous people in accordance with written
or unwritten rules, usage, customs and practices traditionally observed, accepted and
recognized by them;
- Transport permit means a permit issued authorizing an individual to bring wildlife from one
place to another within the territorial jurisdiction of the Philippines;
- Vulnerable species refers to species or subspecies that is not critically endangered nor
endangered but is under threat from adverse factors throughout their range and is likely to
move to the endangered category in the near future;
- Wildlife means wild forms and varieties of flora and fauna, in all developmental stages,
including those which are in captivity or are being bred or propagated;
- Wildlife collector’s permit means a permit to take or collect from the wild certain species
and quantities of wildlife for commercial purpose; and
- Wildlife farm/culture permit means a permit to develop, operate and maintain a wildlife
breeding farm for conservation, trade and/or scientific purposes.
 Illegal Acts
- killing and destroying wildlife species
- inflicting injury which cripples and/or impairs the reproductive system of wildlife species
- 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
- introduction, reintroduction or restocking of wildlife resources
- trading of wildlife
- collecting, hunting or possessing wildlife, their by-products and derivatives
- gathering or destroying of active nests, nest trees, host plants and the like
- maltreating and/or inflicting other injuries not covered by the preceding paragraph

NOTES in CLJ 5- Environmental Laws and Protection

38
 - transporting of wildlife
 Wildlife Management Fund
- To be administered by the Department as a special account in the National Treasury. It shall
finance rehabilitation or restoration of habitats affected by acts committed in violation of this
Act and support scientific research, enforcement and monitoring activities, as well as
enhancement of capabilities of relevant agencies.

 National Wildlife Research Centers

- Establish national wildlife research centers for terrestrial and aquatic species to lead in the
conduct of scientific researches on the proper strategies for the conservation and protection
of wildlife, including captive breeding or propagation.
 Wildlife Rescue Center
- To take temporary custody and care of all confiscated, abandoned and/or donated wildlife to
ensure their welfare and well-being.
 Wildlife Traffic Monitoring Units
- In strategic air and seaports all over the country to ensure the strict compliance and effective
implementation of all existing wildlife laws, rules and regulations, including pertinent
international agreements.

REPUBLIC ACT No. 7942- PHILIPPINE MINING ACT OF 1995

 Policy of the state to:
- All mineral resources in public and private lands within the territory and exclusive economic
zone of the Republic of the Philippines are owned by the State.
- It shall be the responsibility of the State to promote their rational exploration, development,
utilization and conservation through the combined efforts of government and the private
sector in order to enhance national growth in a way that effectively safeguards the
environment and protect the rights of affected communities.
 Definition of Terms
- Ancestral lands refers to all lands exclusively and actually possessed, occupied, or utilized
by indigenous cultural communities by themselves or through their ancestors in accordance
with their customs and traditions since time immemorial
- Carrying capacity refers to the capacity of natural and human environments to
accommodate and absorb change without experiencing conditions of instability and
attendant degradation
- Contiguous zone refers to water, sea bottom and substratum measured twenty-four
nautical miles (24 n.m.) seaward from the base line of the Philippine archipelago
- Contract area means land or body of water delineated for purposes of exploration,
development, or utilization of the minerals found therein
- Contractor means a qualified person acting alone or in consortium who is a party to a
mineral agreement or to a financial or technical assistance agreement
- Co-production agreement (CA) means an agreement entered into between the
Government and one or more contractors
- Development means the work undertaken to explore and prepare an ore body or a mineral
deposit for mining, including the construction of necessary infrastructure and related
facilities

NOTES in CLJ 5- Environmental Laws and Protection

39
 - Environmental compliance certificate (ECC) refers to the document issued by the
government agency concerned certifying that the project under consideration will not bring
about an unacceptable environmental impact and that the proponent has complied with the
requirements of the environmental impact statement system.
- Environmental impact statement (EIS) is the document which aims to identify, predict,
interpret, and communicate information regarding changes in environmental quality
associated with a proposed project and which examines the range of alternatives for the
objectives of the proposal and their impact on the environment
- Exclusive economic zone means the water, sea bottom and subsurface measured from
the baseline of the Philippine archipelago up to two hundred nautical miles (200 n.m.)
offshore
- Existing mining/quarrying right means a valid and subsisting mining claim or permit or
quarry permit or any mining lease contract or agreement covering a mineralized area
granted/issued under pertinent mining laws
- Exploration means the searching or prospecting for mineral resources by geological,
geochemical or geophysical surveys, remote sensing, test pitting, trenching, drilling, shaft
sinking, tunneling or any other means for the purpose of determining the existence, extent,
quantity and quality thereof and the feasibility of mining them for profit
- Mining area means a portion of the contract area identified by the contractor for purposes of
development, mining, utilization, and sites for support facilities or in the immediate vicinity of
the mining operations
 Ownership of Mineral Resources
- Mineral resources are owned by the State and the exploration, development, utilization, and
processing thereof shall be under its full control and supervision. The State may directly
undertake such activities or it may enter into mineral agreements with contractors.
- The State shall recognize and protect the rights of the indigenous cultural communities to
their ancestral lands as provided for by the Constitution.
 Department of Environment and Natural Resources
- The primary government agency responsible for the conservation, management,
development, and proper use of the State's mineral resources including those in
reservations, watershed areas, and lands of the public domain
 Mines and Geosciences Bureau
- Have direct charge in the administration and disposition of mineral lands and mineral
resources and shall undertake geological, mining, metallurgical, chemical, and other
researches as well as geological and mineral exploration surveys
 Opening of Ancestral Lands for Mining Operations
- No ancestral land shall be opened for mining-operations without prior consent of the
indigenous cultural community concerned.
 Royalty Payments for Indigenous Cultural Communities
- In the event of an agreement with an indigenous cultural community pursuant to the
preceding section, the royalty payment, upon utilization of the minerals shall be agreed upon
by the parties. The said royalty shall form part of a trust fund for the socioeconomic well-
being of the indigenous cultural community.
 Exploration Permit
- An exploration permit grants the right to conduct exploration for all minerals in specified
areas. The Bureau shall have the authority to grant an exploration Permit to a qualified
person.

NOTES in CLJ 5- Environmental Laws and Protection

40
 Terms and Conditions of the Exploration Permit
- An exploration permit shall be for a period of two (2) years, subject to annual review and
relinquishment or renewal upon the recommendation of the Director.
 Modes of Mineral Agreement
- Mineral production sharing agreement is an agreement where the Government grants to
the contractor the exclusive right to conduct mining operations within a contract area and
shares in the gross output. The contractor shall provide the financing, technology,
management and personnel necessary for the implementation of this agreement.
- Co-production agreement is an agreement between the Government and the contractor
wherein the Government shall provide inputs to the mining operations other than the mineral
resource.
- Joint venture agreement is an agreement where a joint-venture company is organized by
the Government and the contractor with both parties having equity shares. Aside from
earnings in equity, the Government shall be entitled to a share in the gross output.
 Quarry Permit
- Any qualified person may apply to the provincial/city mining regulatory board for a quarry
permit on privately-owned lands and/or public lands for building and construction materials
such as marble, basalt, andesite, conglomerate, tuff, adobe, granite, gabbro, serpentine,
inset filling materials, clay for ceramic tiles and building bricks, pumice, perlite and other
similar materials that are extracted by quarrying from the ground.
- The maximum area which a qualified person may hold at any one time shall be five hectares
(5 has.)
- A quarry permit shall have a term of five (5) years, renewable for like periods but not to
exceed a total term of twenty-five (25) years.

REPUBLIC ACT NO. 7076 - PEOPLE'S SMALL-SCALE MINING ACT OF 1991

 Objective:
- to promote, develop, protect and rationalize viable small-scale mining activities in order to
generate more employment opportunities and provide an equitable sharing of the nation's
wealth and natural resources, giving due regard to existing rights
 Definition of Terms
- "Mineralized areas" refer to areas with naturally occurring mineral deposits of gold, silver,
chromite, kaolin, silica, marble, gravel, clay and like mineral resources
- "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 ore-bearing 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 small-scale
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

NOTES in CLJ 5- Environmental Laws and Protection

41
 - "Active mining area" refers to areas under actual exploration, development, exploitation or
commercial production as determined by the Secretary after the necessary field
investigation or verification including contiguous and geologically related areas belonging to
the same claimowner and/or under contract with an operator, but in no case to exceed the
maximum area allowed by law
- "Existing mining right" refers to perfected and subsisting claim, lease, license or permit
covering a mineralized area prior to its declaration as a people's small-scale mining area
- "Claimowner" refers to a holder of an existing mining right
- "Processor" refers to a person issued a license to engage in the treatment of minerals or
ore-bearing materials such as by gravity concentration, leaching benefication, cyanidation,
cutting, sizing, polishing and other similar activities
- "License" refers to the privilege granted to a person to legitimately pursue his occupation as
a small-scale miner or processor under this Act
- "Mining plan" refers to a two-year program of activities and methodologies employed in the
extraction and production of minerals or ore-bearing materials, including the financial plan
and other resources in support thereof
 People's Small-scale Mining Program
- to be implemented by the Secretary of the Department of Environment and Natural
Resources
- in coordination with other concerned government agencies, designed to achieve an orderly,
systematic and rational scheme for the small-scale development and utilization of mineral
resources in certain mineral areas in order to address the social, economic, technical, and
environmental connected with small-scale mining activities
 Features of People's Small-scale Mining Program
- (a) The identification, segregation and reservation of certain mineral lands as people's small-
scale mining areas;
- (b) The recognition of prior existing rights and productivity;
- (c) The encouragement of the formation of cooperatives;
- (d) The extension of technical and financial assistance, and other social services;
- (e) The extension of assistance in processing and marketing;
- (f) The generation of ancillary livelihood activities;
- (g) The regulation of the small-scale mining industry with the view to encourage growth and
productivity; and
- (h) The efficient collection of government revenue.
 Provincial/City Mining Regulatory Board
- implementing agency of DENR
- (a)Declare and segregate existing gold-rush areas for small-scale mining;
- (b) Reserve future gold and other mining areas for small-scale mining;
- (c) Award contracts to small-scale miners;
- (d) Formulate and implement rules and regulations related to small-scale mining;
- (e) Settle disputes, conflicts or litigations over conflicting claims within a people's small-scale
mining area, an area that is declared a small-mining; and
- (f) Perform such other functions as may be necessary to achieve the goals and objectives of
this Act
 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

NOTES in CLJ 5- Environmental Laws and Protection

42
 declared as people's small-scale mining areas, the members of the cultural communities
therein shall be given priority in the awarding of small-scale mining contracts.
 Registration of Small-scale Miners
- All persons undertaking small-scale mining activities shall register as miners with the Board
and may organize themselves into cooperatives in order to qualify for the awarding of a
people's small-scale mining contract.
 Award of People's Small-scale Mining Contracts
- awarded by the Board to small-scale miners who have voluntarily organized and have duly
registered with the appropriate government agency as an individual miner or cooperative
- Provided, that only one (1) people's small-scale mining contract may be awarded at any one
time to a small-scale mining operations within one (1) year from the date of award
- provided, further, that priority shall be given or city where the small-scale mining area is
located.
- Applications for a contract shall be subject to a reasonable fee to be paid to the Department
of Environment and Natural Resources regional office having jurisdiction over the area.
 Extent of Contract Area
- The area shall not exceed twenty hectares (20 has.) per contractor
 Terms and Conditions of the Contract
- shall have a term of two (2) years, renewable subject to verification by the Board for like
periods as long as the contractor complies with the provisions
 Sale of Gold
- All gold produced by small-scale miners in any mineral area shall be sold to the Central
Bank, or its duly authorized representatives, which shall buy it at prices competitive with
those prevailing in the world market regardless of volume or weight.
 People's Small-scale Mining Protection Fund
- fifteen percent (15%) of the national government's share
- used primarily for information dissemination and training of small-scale miners on safety,
health and environmental protection, and the establishment of mine rescue and recovery
teams including the procurement of rescue equipment necessary in cases of emergencies
such as landslides, tunnel collapse, or the like

REPUBLIC ACT NO. 11038 - EXPANDED NATIONAL INTEGRATED PROTECTED AREAS

SYSTEM (E-NIPAS) ACT OF 2018
 Declaration of Policy
- Acknowledges the significant impact of human activities on the natural environment,
including population growth, resource exploitation, and industrial advancement.
- Recognizes the critical importance of protecting and maintaining natural, biological, and
physical diversities, especially in areas with biologically unique features.
- Declares the policy of the State to secure the perpetual existence of native plants and
animals for the present and future generations.

 Definition of Terms
- Biological diversity or biodiversity refers to the variability among the living organisms
from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and
the ecological complexes of which they are part; this includes diversity within species,
between species and of ecosystems;

NOTES in CLJ 5- Environmental Laws and Protection

43
- Bioprospecting refers to the research, collection, and utilization of biological and genetic
resources for purposes of applying the knowledge derived therefrom solely for commercial
purposes;
- Buffer zones refers to identified areas outside the boundaries of and immediately adjacent
to designated protected areas that need special development control in order to avoid or
minimize harm to the protected area;
- By-products or Derivatives refers to parts taken or substances extracted from wildlife, in
raw or in processed form;
- Collecting refers to the act of gathering or harvesting wildlife and its by-products or
derivatives;
- Conveyance refers to every kind of vessel, including motorized or nonmotorized vehicles,
nondisplacement crafts and seaplanes that are used or may be used as a means of
transportation on land or water. It shall include everything found therein except personal
effects;
- Delineation refers to the actual ground survey of the boundaries of protected areas and
their buffer zones and management and management zones using the global positioning
system (GPS) or other applicable survey instruments and technologies, with the intention of
producing a map of the area;
- Demarcation refers to the establishment of the boundaries of protected areas and their
buffer zones using visible markers, monuments, buoys in case of marine areas, and known
natural features and landmarks, among others, as a result of the actual ground delineation;
- Ecosystem goods and services refers to the multitude of material and nonmaterial
provisions and benefits from healthy ecosystems necessary for human sustenance, well-
being, and survival including support processes, provisioning and environment regulating
services, and cultural resource preservation services;
- Endemic species refers to the species or subspecies of flora and fauna which are naturally
occurring and found within specific areas in the country;
- Exotic species refer to the species or subspecies of flora and fauna which do not naturally
occur within the protected area at present or in historical time;
- Exploration refers to the act of searching or prospecting for mineral resources, as defines
by law, by geological, geochemical or geophysical surveys, remote sensing, test pitting,
trenching, drilling, shaft sinking, tunneling, or any other means, for the purpose of
determining the existence, extent, quantity, and quality of resources in an area, and the
feasibility of utilizing these resources for profit;
- Gear refers to any instrument or device and its accessories utilized in taking, catching
gathering , killing, hunting, destroying, disturbing, removing, or possessing resources within
the protected area;
- Genitically modified organism (GMO) refers to any living organism that possesses a novel
combination of genetic material through the use of modern biotechnology;
- Hunting refers to the killing or catching of wild fauna for food and recreational purposes,
with the use of weapons such as guns, bow and arrow, spears, traps and snares, and the
like;
- Indigenous Cultural Community (ICC)/Indigenous People (IP) 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;
- Integrated Protected Area Fund (IPAF) refers to the special account established for the
purpose of financing projects of the NIPAS and individual protected areas;

NOTES in CLJ 5- Environmental Laws and Protection

44
- Invasive alien species refers to species introduced deliberately or unintentionally outside
their natural habitats where they have the ability to establish themselves, invade,
outcompete native species, and take over the new environment;
- Kaingin refers to the slash-and-burn cultivation of vegetated land in a protected area,
whether occupied or not, shifting and permanent with little or no provision to prevent soil
erosion;
- Multiple-use zone refers to the area where settlement, traditional and sustainable land use
including agriculture, agroforestry, extraction activities, and income generating or livelihood
activities, and may be allowed to the extent prescribed in the protected area management
plan;
- National Integrated Protected Areas System (NIPAS) refers to the classification and
administration of all designated protected areas to maintain essential ecological processes
and life-support systems, to preserve genetic diversity, to ensure sustainable use of
resources found therein, and to maintain their natural conditions to the greatest extent
possible;
- National park refers to the lands of the public domain classified as such in the Constitution
which include all areas under the NIPAS pursuant to this Act, primarily designated for the
conservation of native plants and animals, their associated habitats and cultural diversity;
- Natural biotic area refers to an area set aside to allow the way of life of societies living in
harmony with the environment to adapt to modern technology at their pace;
- Natural monument refers to a relatively small area focused on the protection of small
features to protect or preserve nationally significant natural features on account of their
special interest or unique characteristics;
- Natural park refers to a relatively large area not materially altered by human activity where
extractive resources uses not allowed and is maintained to protect outstanding natural and
scenic areas of national or international significance for scientific, educational, recreational
use;
- Occupying refers to a continuous stay of individuals or groups within a protected area,
whether residing or engaging in the cultivation of land or fishing for more that twenty-four
(24) hours;
- Poaching refers to gathering, collecting, or possessing products or natural resources from
the protected area by any individual person, corporation or entity whether local or foreign; in
the case of marine protected areas, operating any foreign fishing vessels by any person,
corporation , or entity without a permit;
- Protected area refers to identified portions of land and/or water set aside by reason of their
unique physical and biological diversity and protected against destructive human
exploitation;
- Protected Area Occupants refers to persons who are residing, utilizing, and cultivating
areas within the protected area. These include private owners, IPs, tenured migrants and
informal settlers;
- Protected Area Retained Income Account refers to the trust fund maintained by any
protected area and administered by the respective Protected Area Management Boards
(PAMB) created pursuant to this Act representing the seventy-five percent (75%) of
revenues generated from the protected area to support its operation and management;
- Protected landscapes and/or seascapes refer to areas of national significance which are
characterized by the harmonious interaction of man and land and water while providing

NOTES in CLJ 5- Environmental Laws and Protection

45
 opportunities for public enjoyment through recreation, tourism, and other economic
activities;
- Protected species refers to plants or animals declared protected under Philippine laws,
rules, and regulations. These shall include all species listed under the Convention on
International Trade in Endangered Species of Wild Fauna and Flora and all its Annexes, the
Convention on the Conservation of Migratory Species (CMS), those specified under the red-
list categories of the International Union for Conservation of Nature and Natural Resources
(DENR), PAMB or any government agency may deem necessary for conservation and
preservation in the protected area;
- Quarrying refers to the process of extracting, removing, and disposing sand gravel, guano,
limestone, and all other resources used as building and construction materials that are
found within the protected area;
- Resource reserve refers to an extensive, relatively isolated, and uninhabited area which is
difficult to access and is designated to protect the natural resources of the area for future
use and prevent or contain development activities that could affect the resources, pending
the establishment of sustainable resources utilization goals which are based upon
appropriate information and planning;
- Special Account in the General Fund (SAGF) refers to the trust fund deposited in the
national treasury representing the twenty-five percent (25%) of the revenues generated from
the operation of individual protected area and earmarked to support the NIPAS;
- Strict nature reserve refers to an area possessing some outstanding ecosystem, features,
and species of flora and fauna of national scientific importance that should be maintained to
protect and to preserve nature in its undisturbed state and to preserve nature in its
undisturbed state and to preserve ecologically representative examples of the natural
environment to ensure their availability for scientific study, environmental to ensure their
availability for scientific study, environmental monitoring, education, and for the for the
maintenance of genetic resources in a dynamic and evolutionary state;
- Tenure migrants refer to protected area occupants who have been actually, continuously
and presently occupants who have been actually, continuously and presently occupying a
portion of the protected area for five (5) years before the proclamation or law establishing
the same as a protected area, and are solely dependent therein for subsistence;
- Threatened species refer to species or subspecies considered critically endangered,
vulnerable, or other accepted categories of wildlife whose population is at risk of extinction;
- Wetlands refers to wide variety of inland habitats such as marshes, peat lands, floodplains,
rivers and lakes, and coastal areas such as saltmarshes, mangroves, intertidal mud fats and
sea grass beds, and also coral reefs and other marine areas no deeper than six (6) meters
at low, as well as human-made wetlands such as dams, reservoirs, rice paddies and
wastewater treatment ponds and lagoons;
- Wildlife refers to the wild forms and varieties of flora and fauna, in all developmental stages,
including those who which are in capacity or are being bred, fed, or propagated; and
- Wildlife Sanctuary. - refers to an area which assures the natural conditions necessary to
protect nationally significant species, group of species, biotic communities or physical
features of the environment which may require specific human manipulations for their
perpetuation.
 Categories of Protected Areas
- Strict nature reserve
- National park

NOTES in CLJ 5- Environmental Laws and Protection

46
 - Natural park
- Wildlife Sanctuary
- Protected landscapes and/or seascapes
- Resource reserve
- Natural biotic area
- Other categories established by law, conventions or international agreements which the
Philippine Government is a signatory.
 Establishment of Protected Areas
- Establishment of 94 protected areas in the country and provide for the management of these
sites.
 Salient Provisions
- The Law provides for the environmental and natural resources offices and protected area
management offices where protected areas are located.
- The Environmental Management Bureau shall consider the environmental impact
assessment.
- The Act further provides for heritage preservation, develop, protected and conserve the
biologically significant areas with their indigenous knowledge systems and practices.
- The exploration for energy resources may be allowed in protected areas only for the
purpose of gathering data and information and only if such activity is carried out with the
least damage to surrounding areas. Renewable energy projects may be allowed only by
permission of the DENR secretary.
- The Integrated Protected Area Fund (IPAF) is established for purposes of financing the
projects and sustaining the operation of protected areas and the System.
- The Act provides for tax exemption on all grants and endowments made to the protected
area fund. Violation of laws, rules and regulations in the protected areas are investigated by
the Department of Justice.
- In Section 20 the prohibited acts are nominated such as killing, destroying and disturbing
any wildlife, hunting, defacing boundary, damaging roads and trails, using blasting caps and
occupying any public land.
- All property and private rights within the protected area and its buffer zones already existing
and/or vested upon the effectivity of this Act shall be protected and respected.
- The Act further provides for reporting responsibility by nominated authorities and monitoring
implementation of this Act by Joint Congressional Oversight Committee.

CHAPTER 5- BLUE LAWS

1. Republic Act No. 8550 - Philippine Fisheries Code of 1998

2. Republic Act No. 4850 - Laguna Lake Development Act

REPUBLIC ACT NO. 8550 - PHILIPPINE FISHERIES CODE OF 1998

 Declaration of Policy

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 - to limit access to the fishery and aquatic resources of the Philippines for the exclusive use
and enjoyment of all citizens, including women and youth sectors
- protection of municipal fishermen
- Fishery and aquatic resources shall be managed in a manner consistent with the concept of
integrated coastal area management.
 Definition of Terms (As amended by RA 10654)
- Appropriate Fishing Technology — adaptable technology, both in fishing and ancillary
industries, that is ecologically sound, locally source-based and labor intensive.
- Aquaculture — fishery operations involving all forms of raising and culturing fish and other
fishery species in fresh, brackish and marine water areas.
- Catch Ceilings — refer to the annual catch limits allowed to be taken, gathered or
harvested from any fishing area in consideration of the need to prevent overfishing and
harmful depletion of breeding stocks of aquatic organisms.
- Closed Season — the period during which the taking of specified fishery species by a
specified fishing gear is prohibited in a specified area or areas in Philippine waters.
- Coastal Area/Zone — is a band of dry land and adjacent ocean space (water and
submerged land) in which terrestrial processes and uses directly affect oceanic processes
and uses, and vice versa; its geographic extent may include areas within a landmark limit of
one (1) kilometer from the shoreline at high tide to include mangrove swamps, brackish
water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a
seaward limit of 200 meters isobath to include coral reefs, algal flats, seagrass beds and
other soft-bottom areas.
- Commercial Fishing — the taking of fishery species by passive or active gear for trade,
business & profit beyond subsistence or sports fishing, to be further classified as:
1. Small scale commercial fishing — fishing with passive or active gear utilizing fishing
vessels of 3.1 gross tons (GT) up to twenty (20) GT;
2. Medium scale commercial fishing — fishing utilizing active gears and vessels of 20.1
GT up to one hundred fifty (150) GT; and
3. Large commercial fishing — fishing utilizing active gears and vessels of more than one
hundred fifty (150) GT.
- Demarcated Areas — boundaries defined by markers and assigned exclusively to specific
individuals or organizations for certain specified and limited uses such as:
a. Aquaculture, sea ranching and sea farming;
b. Fish aggregating devices;
c. Fixed and passive fishing gears; and
d. Fry and fingerlings gathering.
- Electrofishing — the use of electricity generated by batteries, electric generators and other
source of electric power to kill, stupefy, disable or render unconscious fishery species,
whether or not the same are subsequently recovered.
- Fine Mesh Net — net with mesh size of less than three centimeters (3 cm.) measured
between two (2) opposite knots of a full mesh when stretched or as otherwise determined by
the appropriate government agency.
- Fishing gear — any instrument or device and its accessories utilized in taking fish and other
fishery species.
a. Active fishing gear — is a fishing device characterized by the pursuit of the target
species by towing, pushing the gears, surrounding, covering, dredging, and scaring the

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 target species to impoundments; such as, but not limited to, trawl, purse seines, Danish
seines, paaling and drift gill net.
b. Passive fishing gear — is characterized by the absence of pursuit of the target species;
such as, but not limited to, hook and line, fishpots, traps and gill nets set across the path of
the fish.
- Fishing with Explosives — the use of the dynamite, other explosives or other chemical
compounds that contain combustible elements or ingredients which upon ignition by friction,
concussion, percussion or detonation of all or parts of the compound, will kill, stupefy,
disable or render unconscious any fishery species. It also refers to the use of any other
substance and/or device which causes an explosion that is capable of producing the said
harmful effects on any fishery species and aquatic resources and capable of damaging and
altering the natural habitat.
- Fishing Light Attractor – refers to a fishing aid which employs lights using, among others,
mercury vapor, high pressure sodium vapor, standard tungsten, tungsten halogen,
fluorescent or light-emitting diode, that are attached to a structure above water or
suspended underwater to attract both fish and members of their food chain to specific areas
in order to harvest them.
- Fishing with Noxious or Poisonous Substances — the use of any substance, plant
extracts or juice thereof, sodium cyanide and/or cyanide compounds or other chemicals
either in a raw or processed form, harmful or harmless to human beings, which will kill,
stupefy, disable or render unconscious any fishery species and aquatic resources and
capable of damaging and altering the natural habitat.
- Municipal fishing — refers to fishing within municipal waters using fishing vessels of three
(3) gross tons or less, or fishing not requiring the use of fishing vessels.
- Municipal waters — include not only streams, lakes, inland bodies of water and tidal waters
within the municipality which are not included within the protected areas as defined under
Republic Act No. 7586 (The NIPAS Law), public forest, timber lands, forest reserves or
fishery reserves, but also marine waters included between two (2) lines drawn perpendicular
to the general coastline from points where the boundary lines of the municipality touch the
sea at low tide and a third line parallel with the general coastline including offshore islands
and fifteen (15) kilometers from such coastline. Where two (2) municipalities are so situated
on opposite shores that there is less than thirty (30) kilometers of marine waters between
them, the third line shall be equally distant from opposite shore of the respective
municipalities.
- Harvest Control Rules – refers to actions or set of actions to be taken to achieve a medium
or long term target reference point while avoiding reaching or breaching a limit reference
point.
- Illegal Fishing – means fishing activities conducted by Philippine fishing vessels operating
in violation of Philippine laws, Regional Fisheries Management Organization resolutions,
and laws of other coastal states.
- Reference Points – means benchmark values often based on indicators such as fishery
stock size or the level of fishing that serves as standard to compare estimates of a fishery
stock size and fishing mortality over time depending on the biological characteristics of the
species. Reference points can mark: (a) a limit or a level that should be avoided; (b) a
target, which should be achieved and maintained; or (c) a trigger that signals the need to
take prescribed actions.
 Serious Violation (As amended by RA 10654)

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 - Fishing without a valid license, authorization or permit;
- Fishing without reporting the catch or misreporting the catch;
- Fishing in a closed area or during a closed season;
- Fishing of prohibited species;
- Fishing with the use of prohibited gear or methods;
- Falsifying, concealing or tampering with vessel markings, identity or registration to conceal
vessel identity or lack of registration;
- Concealing, tampering or disposing of evidence relating to an investigation of a violation;
- Assaulting, resisting, intimidating, harassing, seriously interfering with, or unduly obstructing
or delaying a fisheries law enforcer, authorized inspector or observer or other duly
authorized government officer;
- Intentionally tampering with or disabling the vessel monitoring system; and
- Committing multiple violations which taken together constitute a serious disregard of this
Code.
 Renewal of Commercial Fishing Vessel License (As amended by RA 10654)
- The commercial fishing vessel license shall be renewed every three (3) years.
- The owner/operator of a fishing vessel has a period of sixty (60) days prior to the expiration
of the license within which to renew the same.
 Prohibited Acts
- Unauthorized Fishing
- Engaging in Unauthorized Fisheries Activities
- Failure to Secure Fishing Permit Prior to Engaging in Distant Water Fishing
- Unreported Fishing
- Unregulated Fishing
- Poaching in Philippine Waters- for any foreign person, corporation or entity
- Fishing Through Explosives, Noxious or Poisonous Substance, or Electricity
- Use of Fine Mesh Net
- Fishing in Overexploited Fishery Management Areas
- Use of Active Gear in Municipal Waters, Bays and Other Fishery Management Areas
- Ban on Coral Exploitation and Exportation
- Ban on Muro-ami, Other Methods and Gear Destructive to Coral Reefs and Other Marine
Habitat
- Illegal Use of Superlights or Fishing Light Attractor
- Conversion of Mangroves
- Fishing During Closed Season
- Fishing in Marine Protected Areas, Fishery Reserves, Refuge and Sanctuaries
- Fishing or Taking of Rare, Threatened or Endangered Species
- Capture of Sabalo and Other Breeders/Spawners
- Exportation of Breeders, Spawners, Eggs or Fry
- Importation or Exportation of Fish or Fishery Species
- Violation of Harvest Control Rules
- Aquatic Pollution
- Failure to Comply with Minimum Safety Standards
- Failure to Submit a Yearly Report on All Fishponds, Fish Pens and Fish Cages
- Gathering and Marketing of Shell Fishes or Other Aquatic Species
- Obstruction to Navigation or Flow or Ebb of Tide in any Stream, River, Lake or Bay

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 - Noncompliance with Good Aquaculture Practices
- Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk, Fishworker or Crew
- Obstruction of Defined Migration Paths
- Obstruction to Fishery Law Enforcement Officer
- Noncompliance with Fisheries Observer Coverage
- Noncompliance with Port State Measures
- Failure to Comply with Rules and Regulations on Conservation and Management Measures
- Noncompliance with Vessel Monitoring Measures
- Constructing, Importing or Converting Fishing Vessels or Gears Without Permit from the
Department
- Use of Unlicensed Gear
- Falsifying, Concealing or Tampering with Vessel Markings, Identity or Registration
- Concealing, Tampering or Disposing of Evidence Relating to an Investigation of a Violation
- Noncompliance with the Requirements for the Introduction of Foreign or Exotic Aquatic
Species
- Failure to Comply with Standards and Trade-Related Measures
- Possessing, Dealing in or Disposing Illegally Caught or Taken Fish
- Unauthorized Disclosure of Sensitive Technical Information

REPUBLIC ACT NO. 4850 - LAGUNA LAKE DEVELOPMENT ACT

 Objective:
- to be the national policy to promote, and accelerate the development and balanced growth
of the Laguna Lake area and the surrounding provinces, cities and towns
 Laguna Lake Development Authority
- The Authority shall execute the powers and functions herein vested and conferred upon it in
such a manner as will, in its judgment, aid to the fullest possible extent in carrying out the
aims and purposes set forth
 Special Powers and Functions of Laguna Lake Development Authority
- 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 spots, regional problems.
- to draft a comprehensive and detailed plan designed to conserve and utilize optimally the
resources to promote the region's rapid social and economic development
- 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

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- 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
- 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
- To make an annual report to the stockholders regarding the operation of the Authority more
particularly a statement of its financial conditions, activities undertaken, progress of projects
and programs and plans of actions for the incoming years
- To lend or facilitate the extension of financial assistance and/or act as surety or guarantor to
worthwhile agricultural, industrial and commercial enterprises
- 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

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