2012-2013 Primary Student Planners for Academic Planners Plus
Philippine Institute of Environmental Planners (PIEP ... · PDF fileEnvironment and Resources...
-
Upload
truongkiet -
Category
Documents
-
view
226 -
download
7
Transcript of Philippine Institute of Environmental Planners (PIEP ... · PDF fileEnvironment and Resources...
Environment and Resources Sector
Philippine Institute of Environmental Planners (PIEP)
Refresher Course on Environmental Planning
1
Karen Ann B. Jago-on, Ph.D.School of Urban and Regional Planning
University of the Philippines
May 9, 2013
Outline
� Introduction
� Classification of Resources
� History and Practice of Resource and
2
� History and Practice of Resource and
Environmental Management
� Environmental Management Plan
� Tools for Environmental Assessment
� Environmental policies, laws and
regulation
2 basic economic functions
Production Consumption
� Inputs of raw materials
Inputs of energy
� Goods and services
� Distribution among individuals and
3
� Inputs of energy individuals and groups in society
Leftover waste or “residuals
Pollution/ degradation
Environment
Firms
(Production)
OutputsInputs
Energy
Air
Air
pollution
Solid
wasteECONOMY
The Economic System and the Environment
4
Households
(Consumption)
OutputsInputs
Water
Amenities
waste
Water
pollution
Waste
heat
Raw materials (natural resources)
ECONOMY
Resource/ Natural Resource
Something useful to people, societies and their economies
Changes in the form of society:
Hunting/gathering- agriculture- Industrialization- globalization
change in the types of resources used and the quantity
6
� change in the types of resources used and the quantity extracted from the natural systems
Factors involved:
• settlement and population growth
• science and technology
• transportation and communication
• Energy
• social and cultural developments
types or sectors� types or sectors
� renewable/ non-renewable
� discrete/ continuous
Classification of Resources (1)
7
� discrete/ continuous
� flow/ stock
� public/ private/common pool/ open access
I. Common types or sectors
� Water
� air
II. Use
� Renewable resourceGrow and replace
Classification of Resources (2)
8
� air
� land, agriculture and food
� minerals and fossil fuels
� energy
� fish and wildlife
� forests
� population/ human resources
Grow and replace themselves within a reasonable time
� Nonrenewable resourceDo not replenish themselves
III. Management
perspective
Discrete resource
IV. Ownership and
access
Classification of Resources (3)
9
� Discrete resource
� Continuous resource
� Private
� Public
� Common pool
� Open access
Water ResourceWater Resource
Precipitation
Soil moisture Evaporation
Evaporation
Soil moisture Evaporation
Evapotranspiration
Discharged
treated water
Water supply
Soil moisture
Infiltration
Recharge
Aquifer
Extraction
Runoff Lake
11
32.3%
Sta. Rosa Watershed Basin (Laguna)Sta. Rosa Watershed Basin (Laguna)
12
13.5%
54.3%
Source: Santa Rosa Watershed Hydrology and Hydrogeology Report 2009
Considers renewability of resource use,
� Management of natural resource to enhance the quality of life of present and future generations.
Resource Management
13
� Influenced by the planned development of resources as engine for greater economic, social and political development.
� Considers renewability of resource use, access, ownership and control of the resource.
Resource Management History (1)
Earliest phase
� dominionistic, utilizationist, or individualistic
phase
14
� resources: commonly open access and abundant;
government regulation if not ownership was
largely absent
� resource development goals: short-term (private)
profit maximization
Resource Management History (2)
Modern resource management
• movement against wasteful, extremely short-term resource development and use
• stewardship, conservation, wise use of resources
15
• control of the worst side effects of resource development (i.e. pollution and flooding from deforestation)
• broader goals; anthropocentric; public interest and public good; seek the most benefit for the most people
Resource Management History (3)
Preservationist movement
� prevent use and development of resources
(i.e. bird feathers for fashion; scenic and natural areas protected in parks)
16
areas protected in parks)
� Eco-centric, recognizing intrinsic values of species, ecosystems, and resources
Practice of Resource Management (1)
� Inventory of resources and environmental condition
- Institutionalization of data collection, monitoring and management- Accurate (best possible) data is required for better planning (better
policies and decisions)
17
� Determination of maximum sustainable yield(maintain a population at the level where its annual growth was greatest –
maximizing a sustainable economic yield)- Applied to renewable resource (fish, wildlife, trees)
� Cost-benefit analyses
� Environmental impact assessment
Practice of Resource Management (2)
• direct effects of harvesting resources
18
• effects of physical changes of the environment on local ecosystems, species and human health
• effects of waste or pollution load
• Social impacts
Practice of Resource Management (3)
� Environmental valuation
• Value the benefits from environmental improvement/ value the services provided by
19
improvement/ value the services provided by the environment
• Value the damage brought by environmental degradation
1987: World Commission on Environment and Development
(WCED), “Our Common Future” Report.- defined sustainable development “as meeting the needs of the present
Sustainable development
Practice of Resource Management (4)
20
- defined sustainable development “as meeting the needs of the present
without compromising the ability of future generations to meet their own
needs.”
• Economic growth and environmental sustainability could coexist
• Conservation of the natural resource base and combining environment and economics in decision-making
� Community involvement and participation
• local and community relationships and management of resources
Practice of Resource Management (5)
21
• Management process and ownership at local levels
• Community based conservation/ natural resource management
� help balance the traditional, top-down technocratic forms ofresource management
Role of LGU in Resource and
Environmental Management
Management of natural resources and maintenance of ecological balance
Local Government Code has mandated local executives to
22
“Adopt adequate measures to safeguard and conserve land, mineral, marine, forest and other resources of the municipality.” (Sec. 444 (b)(3)(vii)
Management of natural resources and maintenance of ecological balance
The Sanggunian is called upon to
“Protect the environment and impose penalties for acts
Role of LGU in Resource and
Environmental Management
23
“Protect the environment and impose penalties for acts which endanger the environment, such as dynamite fishing and other forms of illegal fishing, illegal logging and smuggling of logs, smuggling of natural resources products and of endangered species of flora, fauna, slash and burn farming, and such other activities which result in pollution, acceleration of eutrophication of rivers and lakes, or of ecological balance.”{Sec. 447 (a) (1) (vi)}
Environmental Management Plan
� consolidates the environmental implications and providesmitigating and preventive measures for their anticipatedimpacts
� consists of programs to maintain clean air, water and landresources and for the rehabilitation of degraded
25
resources and for the rehabilitation of degradedenvironment
� concerned about sustainable resource use
� concerned about natural resources that provide economicecological services such as wildlife and biodiversity
� Preservation/ conservation and management of protectedareas
Ecological Profile
is the more comprehensive replacement of the usual socio-
economic profile which gives equal coverage to the physical,
biological, socio-economic, cultural and built environments
Tools for Environmental Assessment
26
Objectives of Ecological Profiling:
• To determine the resources available
• To identify environmental factors which will affect policy
and to which policy is expected to bring changes
• To identify problem situations affecting the target or
specific segments of the population
I. Natural Resources Inventory
� Collecting and collating data on natural resources
(forests, lands, mines, protected areas, wildlife)
ENR Components in Ecological Profile
27
� Existing/ remaining stock in terms of commercial value/ volume
� Rate of flow or exploitation
� Products and services derived from the resource
� Protection and conservation measures
1. LANDS
1.1 Lands of the public domain
1.2. Private and alienable and disposable lands
1.3 Ancestral domain
FOREST LANDS
Environment and Natural Resources
28
2. FOREST LANDS
2.1. Protection forests
2.2 Production forests
3. MINERAL LANDS
3.1. Metallic mineral lands
3.2. Non-metallic mineral lands
4. PARKS, WILDLIFE AND OTHER RESERVATIONS
5. WATER RESOURCES
5.1. Freshwater (ground, surface)
5.2. Coastal and marine waters
6. AIR QUALITY
Environment and Natural Resources
29
6. AIR QUALITY
7. WASTE MANAGEMENT
7.1. Solid waste
7.2. Liquid waste
7.3. Toxic and hazardous
II. Degree of Industrial Hazards and Pollution
� Decision criterion to choose which type of industries that the LGU will allow to locate/ operate within its territory
ENR Components in Ecological Profile
30
� classification of industries
� fire hazards; health hazards
� pollutive discharges of air, water and solid contaminants
Tools for Environmental Assessment
Pressure – State – Response Approach (OECD, 1999)
Pressure: various demands exerted by human society on a given ecosystem for their survival and well-being.
31
human society on a given ecosystem for their survival and well-being.
State: existing condition of the ecosystem as a result of the application of human pressure
Response: mitigation, rehabilitation, protection and conservation measures
Driving force - Pressure- State- Impact - Response (DPSIR) Framework (EEA, 1999)
Driving forces (social and economic development) exert Pressure on the environment , and as a result, the State
Tools for Environmental Assessment
32
Pressure on the environment , and as a result, the Stateof the environment changes (depletion of resources).
These changes have Impacts to ecosystems and human. Society then Responds to the driving forces, or directly to pressure, state or impacts through preventive, adaptive or curative solutions.
DPSIR Framework
Driving force Response
・Urban population increase
・Economic growth
・Industrialization
・Recognition of land subsidence
・regulation/ measure
Pressure
State
Impact・Increase water demand
・Increase groundwater abstraction
・Declining groundwater level
・Land subsidence
Case of land subsidence
If too much water is pumped out of the aquifer, the pressure is reduced in the
Pipe appears to rise out of the ground
Pumps extract water from “aquifers” –layers of sand and gravel soaked with water.
How groundwater withdrawal causes land to subside
35
pressure is reduced in the pore spaces between grains of sand and gravel.
Water in the clay layers is sucked into the aquifer.
This causes the clay layers to shrink . . . . . . and the ground
surface to sink.
modified from USGS Source: Siringan, 2006
Potential sources of contamination
Local industry Underground storage tanks Landfills/ dumpsites
Abandoned
Household waste
Septic tanks
Livestock waste Fertilizers/
Pesticides/
herbicides
Abandoned
wells
36
PressurePressure
Driving Forces
Population growthIndustrialization
Water demandGroundwater useLand use change
Wastewater dischargeOil leakage
Leachate from landfills
Change in consumption & production
Alternative source of water Improve sanitation & waste disposal
PressurePressure
Driving Forces
Population growthIndustrialization
Water demandGroundwater useLand use change
Wastewater dischargeOil leakage
Leachate from landfills
Change in consumption & production
Alternative source of water Improve sanitation & waste disposal
Application of DPSIR framework to subsurface
environmental problems
37
ResponseState State
Impact Impact
Groundwater QualityGroundwater Quantity
Decrease GW levelsDecrease GW
recharge
Land subsidenceFlooding
Damage to infrastructures
Human health risksImpacts on organisms
Chemical contaminationMicrobial contamination
Salinity
Control pumping areas
Flood control
disposal
Improve water quality
ResponseState State
Impact Impact
Groundwater QualityGroundwater Quantity
Decrease GW levelsDecrease GW
recharge
Land subsidenceFlooding
Damage to infrastructures
Human health risksImpacts on organisms
Chemical contaminationMicrobial contamination
Salinity
Control pumping areas
Flood control
disposal
Improve water quality
Philippine Agenda 21
Policy framework of the country’s strategy for sustainable development.
Significant features:
1. Realization that GDP is not an accurate measure of well-being
39
2. Realization of the continuing deterioration of the natural and social environment
3. A vision of “appropriate productivity” within the limits of the natural environment’s carrying capacity
4. Redefining development as that which draws out of the full human potential
Philippine Agenda 21
Significant features:
5. Adoption of a policy mix of market-based instruments and command and control measures as techniques to induce changes in production and consumption patterns.
40
6. Adoption of social marketing approaches in the effort to inform, educate and communicate the imperative of sustainable development to the public at large to effect a reorientation of fundamental societal values.
Philippine Agenda 21
5 Goal elements of PA 21
A. POVERTY REDUCTION: PA 21 has a poverty reduction
agenda that includes measures to create an enabling economic
environment for sustained and broad based growth; improve
employment, productivity and income; and attain food security.
41
employment, productivity and income; and attain food security.
B. SOCIAL EQUITY : Social equity should mean allocation of
resources on the bases of efficiency and equity to achieve
balanced development. Efficiency and equity mean the channeling
of resources to developing areas where greater economic benefits
accumulate and where there is greater need, distribution being
dependent on the practicality and urgency of needs.
Philippine Agenda 21 5 Goal elements of PA 21
C. EMPOWERMENT AND GOOD GOVERNANCE: Empowerment is a
precondition of informal choices. Good governance is a necessary
precondition to empowerment, as empowerment is to good
governance. These two are defining element of each other.
42
D. PEACE AND SOLIDARITY – The cycle of poverty and conflict goes on as
the cost of war escalate in terms of various kinds of destruction while
withholding funds for basic services, resulting in more poverty and
underdevelopment.
E. ECOLOGICAL INTEGRITY – the path towards enhancing the integrity of
the country’s ecological domain will have to involve heightened and
sustained implementation of environmental laws, as well as the
continued pursuit.
Philippine EIA System
Environmental Impact Assessment:
�process of evaluating and predicting the likely impacts of projects (including cumulative impacts ) on the environment during construction, commissioning operation and abandonment .
43
abandonment .
�includes designing appropriate mitigating and enhancement measures addressing these consequences to protect the environment and community’s welfare.
�undertaken by among others the project proponent , and /or EIA consultant, EMB, a Review Committee and communities and other stakeholders
Historical background of EIA
� 1977 PD 1151 Phil. Environmental Policy
Required proponents of all government and private projects affecting the quality of the environment to prepare an assessment of the project’s environmental impacts
44
� 1977 PD 1152 Phil. Environment Code
Required all land use management regulating or enforcing agencies to consider significant environmental impacts, as well as other aspects in locating industries.
Philippine EIA System
Philippine Environmental Impact Assessment (EIA) System under PD 1586 (1978).
Proponents of environmentally critical projects (ECPs) and those located in environmentally
45
(ECPs) and those located in environmentally critical areas (ECAs) are required to examine the projects’ impacts on the environment.
Secure an Environmental Compliance Certificate (ECC) from the President or his duly authorized representative
Philippine EIA System
Presidential Proclamation 2146 (1981)
� Proclaimed certain areas and types of projects as environmentally critical (ECAs & ECPs) and within the scope of the EIS system
46
DAO 37 Series of 1996
� Revising DENR AO 21, Series of 1992, to further strengthen the implementation of the Environmental Impact Statement (EIS) System
Section 3. Definition of Terms
� Environmental Impact Statement (EIS) – the document of
studies on the environmental impacts of a project including
the discussions on direct and indirect consequences upon
human welfare and ecological and environmental integrity.
Philippine EIA System
DAO 37, series of 1996
47
human welfare and ecological and environmental integrity.
The EIS shall contain all relevant information and details
about the proposed project or undertaking, including the
environmental impacts of the project and the appropriate
mitigating and enhancement measures.
Section 3. Definition of Terms
� Environmental Compliance Certificate (ECC) – the document
issued by the DENR Secretary or the Regional Director
certifying that based on the representations of the proponent
and the preparers, as reviewed and validated by the EIARC, the
Philippine EIA System
DAO 37, series of 1996
48
and the preparers, as reviewed and validated by the EIARC, the
proposed project or undertaking will not cause a significant
negative environmental impact; that the proponent has
complied with all the requirements of the EIS System and that
the proponent is committed to implement its approved
Environmental Management Plan in the Environmental Impact
Statement or mitigation measures in the Initial Environmental
Examination.
Section 3. Definition of Terms
� Environmental Environmental Examination (IEE) – the
document required of proponents describing the
environmental impact of, and mitigation and enhancement
measures for projects or undertakings located in an ECA.
Philippine EIA System
DAO 37, series of 1996
49
measures for projects or undertakings located in an ECA.
� Environmentally Critical Area (ECA) – an area that is
environmentally sensitive and is so listed under Presidential
Proclamation No. 2146, Series of 1981 as well as other areas
which the President of the Philippines may proclaim as
environmentally critical.
Section 3. Definition of Terms
� Environmentally Critical Project (ECP) – an area that has a
high potential for significant negative environmental impact
and listed as such under Presidential Proclamation No. 2146,
Philippine EIA System
DAO 37, series of 1996
50
and listed as such under Presidential Proclamation No. 2146,
Series of 1981 as well as other projects which the President of
the Philippines may proclaim as environmentally critical
Article II
Section 1. Coverage
� Environmentally Critical Projects (ECPs)
A. Heavy Industries
Philippine EIA System
DAO 37, series of 1996
51
1. Non-ferrous industries
2. Iron and steel mills
3. Petroleum and petro-chemical industries, including oil and gas
4. Smelting plants
Article II
Section 1. Coverage
� Environmentally Critical Projects (ECPs)
B. Resource extractive industries
Philippine EIA System
DAO 37, series of 1996
52
1. Major mining and quarrying projects
2. Forestry projects
a. Logging
b. Major wood processing projects
c. Introduction of fauna (exotic animals) in public/ private forests
2. Forestry projects
d. Forest occupancy
e. Extraction of mangrove products
f. Grazing
Philippine EIA System
DAO 37, series of 1996
53
3. Fishery projects
a. Dikes for/ and fishpond development projects
C. Infrastructure projects
1. Major dams
2. Major power plants (fossil-fueled, nuclear
fueled, hydro-electric, or geothermal
Philippine EIA System
DAO 37, series of 1996
54
fueled, hydro-electric, or geothermal
3. Major reclamation projects
4. Major roads and bridges
D. Golf course projects
Projects located in Environmentally Critical Areas (ECAs)
1. All areas declared by law as national parks, watershed reserves, wildlife preserves, and sanctuaries
2. Areas set aside as aesthetic potential tourist spots
Philippine EIA System
DAO 37, series of 1996
55
2. Areas set aside as aesthetic potential tourist spots
3. Areas which constitute the habitat for any endangered or threatened species or indigenous Philippine wildlife (flora and fauna).
Projects located in Environmentally Critical Areas (ECAs)
4. Areas of unique historic archaeological or scientific interest
5. Areas which are traditionally occupied by cultural
Philippine EIA System
DAO 37, series of 1996
56
5. Areas which are traditionally occupied by cultural communities or tribes (indigenous cultural communities)
6. Areas frequently visited and/or hard-hit by natural calamities (geologic hazards, floods, typhoons, volcanic activity, etc.)
Projects located in Environmentally Critical Areas (ECAs)
7. Areas with critical slopes
8. Areas classified as prime agricultural lands
Philippine EIA System
DAO 37, series of 1996
57
9. Recharged areas of aquifers
10. Water bodies characterized by one or any combination of the following conditions:
Projects located in Environmentally Critical Areas (ECAs)
10. Water bodies characterized by one or any combination of the following conditions:
a. tapped for domestic purposes
Philippine EIA System
DAO 37, series of 1996
58
b. within the controlled and/or protected areas declared by appropriate authorities
c. which support wildlife and fishery activities
Projects located in Environmentally Critical Areas (ECAs)
11. Mangrove areas characterized by one or any combination of the following conditions:
a. with primary pristine and dense young growth
Philippine EIA System
DAO 37, series of 1996
59
b. adjoining mouth of major river systems
c. near or adjacent to traditional productive fry or
fishing grounds
d. which act as natural buffers against shore erosion,
strong winds and storm floods
e. on which people are dependent for their livelihood
Projects located in Environmentally Critical Areas (ECAs)
12. Coral reefs characterized by one or any combination of the following conditions:
a. with fifty percent (50%) and above coralline cover
b. spawning and nursery grounds for fish
Philippine EIA System
DAO 37, series of 1996
60
b. spawning and nursery grounds for fish
c. which act as natural breakwater of coastlines
No person shall undertake or operate any such declared ECP
or project within an ECA without first securing an ECC.
Article II
Section 2. Non-Coverage
� The following projects and undertakings are not covered by the EIS System:
a. Projects which are not considered as
Philippine EIA System
DAO 37, series of 1996
61
a. Projects which are not considered asenvironmentally critical or located within an ECA;
b. ECPs or projects within ECAs which wereoperational prior to 1982 except in cases where theiroperations are expanded in terms of daily productioncapacity or area, or the process is modified;
Article II
Section 2. Non-Coverage
c. Countryside business and barangay entities (CBBEs)
covered by Republic Act No.6810, otherwise known as
the Magna Carta for Countryside and Barangay Business
Philippine EIA System
DAO 37, series of 1996
62
the Magna Carta for Countryside and Barangay Business
Enterprises (Kalakalan 20), and registered with the
Department of Trade and Industry between 1991 to
1994, inclusive. Provided that, unless otherwise amended
by law, non-coverage of such CBBEs shall only subsist for
a five (5) year period beginning from its date of
registration.
Revised Forestry Code of 1977(PD 705)
� Regulates access to and use of forest lands
� Emphasis on protection, development and
rehabilitation of forest lands
63
rehabilitation of forest lands
� Land classification and survey to delineate forest
lands
� Multiple use of forest lands for national
development and public welfare
Revised Forestry Code of 1977(PD 705)
Section 15. Topography
� No land of the public domain 18% or over shall be classified as
alienable and disposable, nor any forest land 50% in slope or
over, as grazing land.
64
Section 16. Areas needed for forest purposes
� The following lands, even if they are below 18% in slope, are
needed for forest purposes, and may not, therefore, be
classified as A&D land, to wit:
� Areas less than 250 hectares which are far from or not
contiguous with any certified A&D land
Revised Forestry Code of 1977(PD 705)
Section 16. Areas needed for forest purposes
� Isolated patches of forest of at least 5 hectares with rocky
terrain, or which protect a spring for communal use
� Areas which have already been reforested
� Areas within forest concessions which are timbered or have
65
� Areas within forest concessions which are timbered or have
good residual stocking to support an existing, or approved to be
established, wood processing plant
� Ridge tops and plateaus regardless of size found within, or
surrounded wholly or partly by, forest lands where headwaters
emanate
� Appropriately located road rights-of-way
Revised Forestry Code of 1977(PD 705)
Section 16. Areas needed for forest purposes
� Twenty (20) meter strips of land along the edge of the normal
high waterline of rivers and streams with channels of at least 5
meters wide
� Strips of mangrove or swamplands at least 20 meters wide,
66
� Strips of mangrove or swamplands at least 20 meters wide,
along shorelines facing oceans, lakes and other bodies of water,
and strips of land at least 20 meters wide facing lakes
� Areas needed for other purposes, such as national parks,
national historical sites, game refuges and wildlife sanctuaries,
forest station sites, and others of public interest
� Areas previously proclaimed by the President as forest
reserves, national parks, game refuge, bird sanctuaries, national
shrines, national historic sites.
Revised Forestry Code of 1977(PD 705) Section 20. License Agreement, License, Lease or Permit
�No person may utilize, exploit, occupy, possess or conduct any
activity within any forest or grazing land, or establish, install, add
or operate any wood or forest products processing plant, unless
he had been authorized to do so under a license agreement,
67
he had been authorized to do so under a license agreement,
license, lease or permit.
Section 27. Duration of License Agreement or License to
Harvest Timber in Forest Lands
� The maximum period of any privilege to harvest timber is 25
years, renewable for a period not exceeding 25 years.
Revised Forestry Code of 1977(PD 705)
Section 34. Industrial tree plantations, tree farms and
agroforestry farms
� A lease for a period of 50 years for the establishment of an
industrial tree plantation, tree farm or agro-forestry farm, may
68
industrial tree plantation, tree farm or agro-forestry farm, may
be granted… with a minimum area of 100 hectares for industrial
tree plantations and agro-forestry farms and 10 hectares for tree
farms.
Philippine Water Code
Philippine Water Code (PD 1067) in 1976
(Amended in 2005)
69
Establish the basic principles and framework
relating to the appropriation, control and
conservation of water resources to achieve the
optimum development and rational utilization of
these resources. (Article 2, Section a)
Philippine Water Code
Article 9. Appropriation of waters
- Acquisition of rights over the use of waters or the taking
or diverting of waters from a natural source in the
manner and for any purpose allowed by law
70
Article 10. Water may be appropriated for the following
purposes:
a. Domestic e. Fisheries
b. Municipal f. Livestock raising
c. Irrigation g. Industrial
d. Power generation h. �Recreational
i. Other purposes
Philippine Water Code
Article 13. Except as otherwise herein provided, no
person, including government instrumentalities or
government-owned or controlled corporations, shall
appropriate water without a water right, which shall be
71
appropriate water without a water right, which shall be
evidenced by a document known as a water permit.
Water right is the privilege granted by the government
to appropriate and use water.
Philippine Water Code
Article 14. Subject to the provisions of this Code concerning
the control, protection, conservation, and regulation of the
appropriation and use of waters, any person may
appropriate or use natural bodies of water without securing
a water permit for any of the following:
72
a water permit for any of the following:
a.Appropriation of water by means of handcarried
receptacles; and
b. Bathing or washing, watering or dipping of domestic or
farm animals; and navigation of watercrafts or
transportation of logs and other objects by flotation.
Rule II: Control, Conservation and Protection of Waters, Watersheds and Related Land Resources
Except for domestic use, no person shall
Section 42. Permit to Drill a Well
Philippine Water Code
Not regulatedExcept for domestic use, no person shall drill any well... or alter... any existing well without… a permit
Section 43. Requirement for Drilled Wells:
H) The extent of pumping… shall take into consideration the possibility of salt water intrusion, land subsidence and mining of groundwater.
73
Not regulated
Not regulated
J) Free-flowing wells shall be provided with control valves or other similar devices to control and regulate the flow of water from such wells for conservation purposes.
Not regulated
L) In general, spacing requirements except for wells less
Section 43. Requirement for Drilled Wells:
Philippine Water Code
L) In general, spacing requirements except for wells less than 30 meters deep shall be in accordance with the table below:
74
Not regulated
Mineral Resources
� RA 7076: People’s Small-Scale Mining Act of 1991
� RA 7942: Philippine Mining Act of 1995
75
� DAO 29, Series of 1996: Implementing Rules and Regulations of RA 7942
Philippine Mining Act of 1995
(RA 7942)
� Exploration, development, utilization and
conservation of all mineral resources in the
public and private lands through the combined
efforts of government and the private sector in
76
order to enhance national growth in a way that
effectively safeguards the environment and
protect the rights of affected communities.
Small-scale Mining Act 1991
(RA 7076)
� Rationalizes viable small scale mining activities to
generate more employment opportunities and
declares areas exclusively for small scale mining
operations.
77
� Mandates the creation of provincial or city
mining regulatory board as the permitting and
regulatory arm of the government for small scale
mining
Other mining related laws
� PD 1198
Required the restoration and rehabilitation of
mined-out areas to their original condition
78
� PD 1251
Imposed mine tailing fees on mining firms as
reserved fund for the compensation of mining-
related damages to agricultural properties and
private land.
National Integrated Protected Area
System (NIPAS) Act of 1992
• provides the legal and developmental framework for
the establishment and management of protected areas
in the Philippines
• classification and management of all designated PAs
maintenance of essential ecological processes and life • maintenance of essential ecological processes and life
support systems
• Preservation of genetic diversity,
• sustainable use of resources and
• Maintenance of natural conditions
79
Categories of Protected Areas
• Strict nature reserveAn area with outstanding ecosystem, features and/or species of flora
and fauna of national scientific importance maintained to protect nature
scientific study, environmental monitoring, education, and maintenance
of genetic resources
• Natural Park
A relatively large area not materially altered; extractive uses are not
allowed; maintained to protect outstanding natural and scenic areas of
national and international significance for scientific, educational and
recreational use.
80
Categories of Protected Areas
• Natural monument
Relatively small area focused on protection of small features to protect
or preserve nationally significant natural features due to their special
interest or unique characteristics.interest or unique characteristics.
• Protected landscapes/ seascapesAreas of national significance characterized by the harmonious
interaction of man and land while providing opportunities for public
enjoyment through recreation and tourism within the normal lifestyle
and economic activity of the areas
81
Categories of Protected Areas
• Resource reserve
Extensive and relatively isolated and uninhabited area normally with
difficult access designated as such to protect natural resources of the
area for future use and prevent or contain development activitiesarea for future use and prevent or contain development activities
that could affect the resource pending the establishment of
objectives
• Natural biotic area
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.
82
Indigenous People’s Right Act of
1997 (RA 8371)- An Act to recognize, protect and promote the
rights of indigenous cultural communities/ indigenous people
- Institutionalization and establishment of the necessary mechanisms to enforce and guarantee
83
- Institutionalization and establishment of the necessary mechanisms to enforce and guarantee the realization of these rights, taking into consideration their customs, traditions, values, beliefs, their rights to their ancestral domains
- Creates a National Commission of Indigenous People (NCIP)
-
Indigenous People’s Right Act of
1997 (RA 8371)Section 3. Definition of Terms
Ancestral domain – refer to all areas generallybelonging to ICCs/ IPs comprising lands, inlandwaters, coastal waters, and natural resourcestherein, held under claim of ownership, occupied
84
waters, coastal waters, and natural resourcestherein, held under claim of ownership, occupiedor possessed by ICCs/IPs, themselves or throughtheir ancestors, communally or individually sincetime immemorial
Ancestral lands – land occupied, possessed and utilizedby individuals, families, clans who are membersof the ICCs/ IPs since time immemorial
Indigenous People’s Right Act of
1997 (RA 8371)Section 3. Definition of Terms
Time immemorial – a period of time when as far back as memory can go.
85
Section 4. Concept of Ancestral lands/ domain
Ancestral lands/ domains shall include suchconcepts of territories which cover not only thephysical environment but the total environment,including the spiritual and cultural bonds to the areawhich the ICCs/IPs possess, occupy and use and towhich they have claims of ownership.
Indigenous People’s Right Act of
1997 (RA 8371)Section 5. Indigenous concept of ownership
Indigenous concept of ownership sustains the
view that ancestral domains and all resources found
therein shall serve as the material bases of their
cultural integrity. The indigenous concept of ownership
86
cultural integrity. The indigenous concept of ownership
generally holds that ancestral domains are the ICCs/IP’s
private but community property which belongs to all
generations and therefore cannot be sold, disposed or
destroyed.
Indigenous People’s Right Act of
1997 (RA 8371)Section 7. Rights to ancestral domains
� Rights of ownership
� Right to develop lands and natural resources
� Right to stay in the territories
87
� Right to stay in the territories
� Right in case of displacement
� Right to regulate entry of migrants
� Right to safe and clean air and water
� Right to claim parts of reservations
� Right to resolve conflict
Indigenous People’s Right Act of
1997 (RA 8371)Section 8. Rights to ancestral lands
� Rights to transfer land/ property
� Right to redemption
88
Section 9. Responsibilities of ICCs/IPs to their ancestral domains
� Maintain ecological balance
� Restore denuded areas
� Observe laws
Indigenous People’s Right Act of
1997 (RA 8371)Section 11. Recognition of ancestral domain rights
�The rights of ICCs/ IPs to their ancestral domains by
virtue of Native Title shall be recognized and
respected. Formal recognition, when solicited by ICCs/
89
respected. Formal recognition, when solicited by ICCs/
IPs concerned, shall be embodied in a Certificate of
Ancestral Domain Title (CADT), which shall recognize
the title of the concerned ICCs/ IPs over the territories
identified and delineated.
Indigenous People’s Right Act of
1997 (RA 8371)Section 17. Right to determine and decide priorities for development
�The ICCs/ IPs shall have the right to determine and
decide their own priorities for development affecting
90
decide their own priorities for development affecting
their lives, beliefs, institutions, spiritual well-being, and
the lands they own, occupy or use. They shall
participate in the formulation, implementation and
evaluation of policies, plans and programs for national,
regional and local development which may directly
affect them.
Indigenous People’s Right Act of
1997 (RA 8371)Section 18. Tribal barangays
�The ICCs/ IPs living in contiguous areas or
communities where they form the predominant
population but which are located in municipalities,
91
population but which are located in municipalities,
provinces or cities where they do not constitute the
majority of the population, may form or constitute a
separate barangay in accordance with the Local
Government Code on the creation of tribal barangays.
Indigenous People’s Right Act of
1997 (RA 8371)Section 38. National Commission on Indigenous Cultural Communities/ Indigenous Peoples (NCIP)
To carry out the policies herein set forth, there shall be
created the National Commission on Indigenous
92
created the National Commission on Indigenous
Cultural Communities/ Indigenous Peoples (NCIP),
which shall be the primary government agency
responsible for the formulation and implementation of
policies, plans and programs to promote and protect
the rights and well-being of the ICCs/IPs and the
recognition of their ancestral domains as well as their
rights thereto.
Indigenous People’s Right Act of
1997 (RA 8371)Section 57. Natural resources within ancestral domains
�The ICCs/IPs shall have the priority rights in the
harvesting, extraction, development or exploitation of
any natural resources, within the ancestral domains. A
93
any natural resources, within the ancestral domains. A
non-member of the ICCs/IPs concerned may be
allowed to take part in the development and utilization
of the natural resources for a period of not exceeding
twenty-five (25) years renewable for not more than
twenty-five (25) years.
Indigenous People’s Right Act of
1997 (RA 8371)Section 58. Environmental consideration
� Ancestral domains or portions thereof, which are found
to be necessary for critical watersheds, mangroves,
wildlife sanctuaries, wilderness, protected areas, forest
cover, or reforestation as determined by appropriate
94
cover, or reforestation as determined by appropriate
agencies with the full participation of the ICCs/ IPs
concerned shall be maintained, managed and developed
for such purposes. The ICCs/ IPs concerned shall be
given the responsibility to maintain, develop, protect
and conserve such areas with the full and effective
assistance of government agencies.
Philippine Clean Air Act of 1999
(RA 8749)
� Holistic national program on air pollution
management
� cooperation and self-regulation among citizens
95
� cooperation and self-regulation among citizens
through the application of market-based
instruments
� primary focus on pollution prevention rather
than on control
� Aims to achieve and maintain a healthy air
environment for the Filipinos
Philippine Clean Air Act of 1999
(RA 8749)
� Pollution sources can be classified into:
� Mobile sources
96
� Mobile sources
� Stationary sources
� Area sources
Philippine Clean Air Act of 1999
(RA 8749)
• All stationary sources must comply with the National
Emission Standards for Source Specific Air Pollutants
(NESSAP) and National Ambient Air Quality Standards
(NAAQS) and must secure their permit prior to operation.
97
� Maintenance of attainment and non-attainment areas.
Attainment areas refer to areas where existing ambient air
quality complies with the guidelines set in the NAAQS.
Philippine Clean Water Act of 2004
(RA 9275)
- provides a comprehensive and integrated
strategy to prevent and minimize pollution in
water bodies through a multi-sectoral and
98
water bodies through a multi-sectoral and
participatory approach involving all stakeholders.
- primarily applies to abatement and control of
pollution from land-based sources
Philippine Clean Water Act of 2004
(RA 9275)
� Water quality management in all water bodies
� Enforcement of water quality standards, regulations
and penalties- irrespective of the sources of pollution
99
and penalties- irrespective of the sources of pollution
� IRR of this Act: DENR AO No.2005-10
Solid Waste Management Act of
2000 (RA 9003)
The State shall adopt a systematic, comprehensive and ecological solid waste management program which shall:
100
� ensure the protection of public health and environment;
� utilize environmentally-sound methods that maximize the utilization of valuable resource reduction and encourage resources conservation and recovery;
� set guidelines and targets for solid waste
avoidance and volume reduction through source
reduction and waste minimization measures,
including composting, recycling, reuse, recovery,
Solid Waste Management Act of
2000 (RA 9003)
101
including composting, recycling, reuse, recovery,
and others, before collection, treatment and
disposal in appropriate and environmentally-
sound solid waste management facilities in
accordance with ecologically sustainable
development principles;
� Source reduction and minimization of waste
� Resource recovery, recycling and reuse (at the community/ barangay level)
Solid Waste Management Act of
2000 (RA 9003)
102
� Collection, proper transfer and transport of waste (city/ municipality)
� Management/ destruction or reuse of residuals/ final disposal
Solid Waste Management Act (RA 9003)
Mandatory Segregation of Waste at Source
� Segregation shall be primarily conducted at source to include:
- household
103
- institutions/ offices
- industrial facility/ firms
- farms/ agricultural area
- commercial/ business establishment/ stores
Solid Waste Management Act (RA 9003)
Section 4. National Solid Waste Management Commission
� Composed of 14 members from the government and 3 members from the private sector.
� Government sector:
104
Government sector:
1. DENR 8. DA
2. DILG 9. MMDA
3. DOST 10. League of Provincial Governors
4. DPWH 11. League of City Mayors
5. DOH 12. League of Municipal Mayors
6. DTI 13. TESDA
7. DA 14. Philippine Information Agency
Solid Waste Management Act (RA 9003)
Section 4. National Solid Waste Management Commission
� Private sector:
1. Representative from NGOs whose principal purpose is
105
1. Representative from NGOs whose principal purpose is to promote recycling industry;
2. Representative from the recycling industry; and
3. Representative from the manufacturing or packaging industry
Solid Waste Management Act (RA 9003)
Section 10. Role of LGUs in Solid Waste Management
� Pursuant to LGC 1991, LGUs shall be primarily responsible for the implementation and enforcement of the provisions of RA 9003.
106
of the provisions of RA 9003.
� Segregation and collection of waste shall be conducted at the barangay level specifically for biodegradable, compostable and reusable wastes.
� The collection of non-recyclable materials and special wastes shall be the responsibility of the municipality or city.
Solid Waste Management Act (RA 9003)
Section 16. Local Government Solid Waste Management Plans
�The province, city or municipality, through its local solid
waste management boards, shall prepare its respective
107
waste management boards, shall prepare its respective
10-year solid waste management plans consistent with
the national solid waste management framework.
Provided, that the waste management plan shall be for
the re-use, recycling and composting of wastes
generated in their respective jurisdiction.
Solid Waste Management Act (RA 9003) Section 17. Components of the local government solid waste management plan
� Source reduction
� Recycling
108
� Composting
� Open dump site shall not be allowed as final disposal
sites. If an open dump site is existing within the city
or municipality, the plan shall make provisions for its
closure or eventual phase out within the period
specified under the framework
Solid Waste Management Act (RA 9003)
Section 17. Components of the local government solid waste management plan
� Source reduction
109
� Source reduction
� Recycling
� Composting
Solid Waste Management Act Section 40. Criteria for Siting a Sanitary Landfill
a) The site selected must be consistent with the overall land use plan of the LGU;
b) The site must be accessible from major roadways or
110
b) The site must be accessible from major roadways or thoroughfares;
c) The site should have an adequate quantity of earth cover that is easily handled and compacted;
d) The site must be chosen with regard for the sensitivities of the community’s residents;
Solid Waste Management Act Section 40. Criteria for Siting a Sanitary Landfill
e) The site must be located in an area where the landfill’s operation will not detrimentally affect environmentally sensitive areas such as aquifer, groundwater reservoir or watershed area;
111
f) The site shall be large enough to accommodate the community’s wastes for a period of five (5) years
g) The site chosen should facilitate developing a landfill that will satisfy budgetary requirements, incl. development, operation for many years, closure, post-closure care and possible remediation costs;
Solid Waste Management Act Section 40. Criteria for Siting a Sanitary Landfill
h) Operating plans must include provisions for coordinating with recycling and resource recovery projects; and
i) Designation of a separate containment area for household
112
i) Designation of a separate containment area for household hazardous wastes.
Toxic Substances and Hazardous and
Nuclear Waste Control Act of 1990
(RA 6969)
� Regulates, restricts, prohibits the importation, manufacture,
processing, sale, distribution, use and disposal of chemical
substances and mixtures that present unreasonable risk and/
or injury to public health or the environment.
113
� Prohibits the entry, even in transit, of hazardous and nuclear
waste and their disposal into Philippine territorial limits
� Makes the waste generators responsible for management and
disposal of hazardous wastes and financially responsible for the
cost of proper storage, treatment, and disposal of hazardous
waste they generate.
Renewable Energy Act of 2008 (RA 9593)
� An Act Promoting the development, utilization and commercialization of renewable energy sources and for other purposes
� Accelerate the exploration of and development of
114
� Accelerate the exploration of and development of renewable energy sources
� biomass, solar, wind, hydro, geothermal and ocean energy sources
- Promote energy self-reliance; reduce dependency on fossil fuels
Climate Change Act of 2009 (RA 9729) � An Act mainstreaming climate change into
government policy formulations, establishing theframework strategy and program on climatechange
Creation of the Climate Change Commission
115
� Creation of the Climate Change Commission
- independent and autonomous body with the same
status as NGA attached to the Office of the President.
- policy-making body of the government which shall be
tasked to coordinate, monitor and evaluate the programs and
action plans of the government related to climate change
pursuant to the provisions of RA 9729.
Climate Change Act of 2009 (RA 9729) Section 11. Framework Strategy and Program on ClimateChange
� Serves as the basis for a program for climate change
planning, research and development, extension, and
116
planning, research and development, extension, and
monitoring of activities
� Formulated based on climate change vulnerabilities,
specific adaptation needs, and mitigation potential,
and in accordance with the international
agreements.
Climate Change Act of 2009 (RA 9729) Section 13. National Climate Change Action Plan
a. Assessment of the national impact of climate change;
b. Identification of the most vulnerable communities/ areas,
including ecosystems to the impacts of climate change,
variability and extremes;
117
variability and extremes;
c. Identification of differential impacts of climate change on
men, women and children;
d. Assessment and management of risk and vulnerability;
e. Identification of GHG mitigation potentials;
f. Identification of options, prioritization of appropriate
adaptation measures for joint projects of national and
local governments.
Philippine Disaster Risk Reduction and
Management Act of 2010 (RA 10121) � An Act Strengthening the Philippine Disaster Risk Reduction
and Management System, Providing for the National
Disaster Risk and Reduction and Management Framework
and Institutionalizing the National Disaster Risk Reduction
and Management Plan, Appropriating Funds Therefor and
for other Purposes.
118
for other Purposes.
� Address the root causes of vulnerabilities to disasters,
strengthening the country’s institutional capacity for
disaster risk reduction and management, and building
resilience of local communities to disasters including
climate change.
Philippine Disaster Risk Reduction and
Management Act of 2010 (RA 10121) � Develop, promote and implement a comprehensive
National Disaster Risk Reduction and Management Plan(NDRRMP)
- to strengthen the capacity of NG and LGUs, together
with partner stakeholders, to build the disaster
119
with partner stakeholders, to build the disaster
resilience of communities
- to institutionalize arrangements and measures for
reducing disaster risks, including projected climate
risks, and enhancing disaster preparedness and
response capabilities at all levels.
Philippine Disaster Risk Reduction and
Management Act of 2010 (RA 10121)
�Mainstream DRR and CCA and mitigation in development
processes such as policy formulation, socioeconomic
development planning, budgeting, and governance,
particularly in the areas environment, agriculture, water,
energy, health, education, poverty reduction, land use and
120
energy, health, education, poverty reduction, land use and
urban planning, and public infrastructure and housing, among
others.