2nd Draft of the Environmental Code

ARTICLE IGENERAL PROVISIONS

Section 1. Short Title. This E-Code shall be known and cited as the Environment Code of the Province of Laguna, and shall be commonly referred to as the E-Code.

Section 2. Purposes. The purposes of the enactment of this E-Code are the following:a) To reflect in this E-Code the shared vision and the path towards the realization of this vision by all of the citizens of the Province of Laguna for its vast natural resources including its mountains, arable lands, lakes and rivers; and its rich cultural heritage;b) To ensure the sustainability of these environmental resources and cultural heritage and their resilience to socioeconomic, population and climatic pressures, as the basis for the continued growth and development of its people, through an integrated and holistic endeavor of harmonizing the array of environmental laws, consistent with the laws of nature, andc) To safeguard these natural resources and rich cultural heritage as the present generations responsibility and accountability to the next generations.

Section 3. Governing Laws. This E-Code finds legal bases, but not limited to, the following laws of the land:

Constitution

a) Article II, Sections 15 and 16, Article XII, Section 2 of the 1987 Philippine Constitution as to the States ownership of the national patrimony, the States mandate to protect and promote the right of people to health; and protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature;

Republic Act

b) Republic Act 7160, otherwise known as the Local Government Code of 1991, as to the mandate of the Local Governments to share with the national government the responsibility to maintain the ecological balance within their jurisdiction; and vesting the local government authority to adopt adequate measures to safeguard the integrity of their natural resources;c) Republic Act 8749 otherwise known as the Clean Air Act of 1999 which prescribes the management of air quality within the airsheds;d) Republic Act No. 8550, otherwise known as the Fisheries Code of 1998 as to the policies pertaining to fisheries and aquatic resources;e) Republic Act No. 9147, which pertains to Conservation and Protection of Wildlife;f) Republic Act No. 1586 which established the Philippine Environmental Impact Assessment;g) Republic Act No. 7942, otherwise known as the Mining Act of 1995;h) Republic Act 6969, the Toxic Chemicals and Hazardous and Nuclear Waste Control Act of 1990; i) RA 9003 or the Ecological Solid Waste Management Act of 2000;j) Republic Act No. 7076 (Small-Scale Mining Law); k) RA No. 3931- Pollution Control Law, a decree revising PD No. 984, 1976;l) RA 9514 - Fire Code of the Philippines of 2008.m) RA 8558. Fisheries Code of 1998 with its IRRn) Republic Act No. 9275. An Act Providing for a Comprehensive Water Quality Management and for other Purposes of 2004;o) Republic Act No. 4850. An Act Creating the Laguna Lake Development Authority prescribing its powers, functions and duties, providing funds thereof, and for other purposes.p) Republic Act No. 10066- National Cultural Heritage Act of 1999.- It provides the protection and conservation of cultural heritage, strengthening National Commission on Culture and the Arts and its affiliate agencies.

Presidential Decree

q) PD 1152, also known as Philippine Environment Code of 1977;r) PD 984, the 1976 National Pollution Control Decree; s) PD 1586, the Philippine Environmental Impact Statement Systemt) PD 1899 (Individual Application for small Scale Mining); u) PD 856, otherwise known as the Code of Sanitation of 1975, v) PD 825, otherwise known as Garbage Disposal of 1975 (Presidential Decree No. 1586)w) PD 1096 National Building Code of the Philippines;x) PD 984. The National Pollution Control Decree of 1976.y) PD 705, The Forestry Reform Code of the Philippinesz) PD 813. Amending Certain Sections Of Republic Act Numbered Forty Eight Hundred Fifty (R.A. 4850), otherwise known as the Laguna Lake Development Authority Act Of 1966;aa) PD 374 of 1974. Amending Certain Sections of Republic Act No. 4846, Otherwise Known As The "Cultural Properties Preservation and Protection Act".

Department Administrative Order

ab) DENR Administrative Order 2010-08 (Consolidated Department Administrative Order re: Implementing Rules and Regulations of Republic Act No. 7942, Otherwise Known as the Philippine Mining Act of 1995);ac) DENR Administrative Order No. 23, series of 1995, as amended by DAO 40, series of 1996 entitled Implementing Rules and Regulations of the Mining Act of 1995;ad) DENR Memorandum Order No. 2010-04 (Reforms in the Department Mining Tenement System); andae) DENR Memorandum Order No. 2012-02 (Uniform Replacement Ratio for Cut or Relocated Trees)

Executive Order

af) Executive Order No. 79 (Institutionalizing and implementing reforms in the Philippine Mining Sector, Providing Policies and guidelines to ensure environmental protection and responsible mining in the utilization of mineral resources); ag) Executive Order No. 02 of 1998 prohibits the dumping of any garbage in any area in the Province of Laguna, which is not in consonance with the ecological waste management system.ah) Executive Order No. 927. Further defining certain functions and powers of the Laguna Lake Development Authority;ai) Executive Order No. 121. Creating The Mt. Makiling Reserve Area and Laguna De Bay Commission;aj) Executive Order No. 349. Adopting The Mt. Makiling Reserve Area and Laguna De Bay Region Master Plan, providing for the implementation thereof and for other purposes;

Provincial Ordinances

ak) Provincial Resolution No. 585 S-1997;al) Provincial Resolution No. 752.S-1997;am) Provincial Administrative Order No. 11- Adoption of ecological solid waste management/reuse, reduce, recycle and recovery methods for community-wide implementation in the Province of Laguna;an) Provincial Governor Executive Order No. 06 of S-2002- creating the Provincial Solid Waste Management Board;dd) Provincial Ordinance No. 3, S. 1999. Creation of Laguna Waste Management Councilee) Provincial Executive Order No.01, S, 1999- Amending Executive Order No. 02, S, 1998;ff) Provincial Governor Executive Order No. 05, 2005. Implementation of waste segregationreduction, re-use and recycling in all offices under the provincial government of Laguna, national offices and food stall/canteen within the provincial capitol compound, San Luis RECS Complex, Pedro Guevarra Memorial National High School and Laguna Provincial Hospital; gg) Provincial Board Resolution No.1 S, 2006.-Requesting the DENR-National Solid Waste Management Commission. A one year moratorium for the implementation of sanitary landfill scheme in the Province of Laguna;hh) Provincial Ordinance No. 5, S.1999. Prohibiting garbage dumpsites, providing for its conversion in the interim into controlled dumpsite and directing the adoption of other proper waste disposal system.

Section 4.Statement of Vision. It is the vision of the Province to rebuild a new Laguna where productive, educated, healthy and morally upright citizens work and live in a prosperous, ecologically-sound and peaceful environment. It is the vision of the Provincial Government to create and enhance peoples wealth and well-being on the basis of protecting and sound management of the very rich natural resources of the Province of Laguna, being endowed with awe-inspiring landscapes, still-pristine mountains like Mt. Makiling, the grand Sierra Madre and the twin mountains of Banahaw and San Cristobal; 11 lakes, numerous rivers, hot springs, waterfalls; and productive agricultural lands; and being host to the largest lake in the country and second in Southeast Asia, the Laguna de Bay. Laguna Province is also endowed with historical and cultural heritage that puts premium on tourism, trade and education as centerpiece of development.

Section 5.Operative Principles. This E-Code is based on the following underlying principles:a) Inter- and intragenerational Equity. Instill among its citizens the responsibility and accountability for protecting and conserving the vast natural resources and cultural heritage for the benefit, not only of todays generation, but for generations yet unborn;b) Public participation shall be encouraged in all aspects of the implementation, review and amendments of this E-Code.c) Precautionary principle. Action shall be immediately taken in cases where something can potentially inflict severe or irreparable environmental damage, using the best available knowledge, even in the absence of conclusive scientific evidence.d) Interdisciplinary and integrative. Use of diverse field of knowledge to augment the traditional knowledge system in understanding and making needed environmental decisions.e) Payment for environmental services. True value of natural resources (e.g. water, watershed, air) shall be the basis for penalty, fines, and incentives.f) Indigenous peoples rights, gender sensitivity, and peoples religiosity shall be respected at all times;g) Transparency and accountability of public funds generated thereof will be ensured; and h) Value formation programs through information, education and communication strategies will be strengthened.i) Biosphere as a unit of jurisdiction and influence such as watersheds, air sheds, hydrology, biogeography of wildlife, and disaster risks transcends political and administrative boundaries of the Province.

Section 6.Declaration of Policy. It is the policy of the Province of Laguna, in coordination with city and municipal governments, relevant national and local agencies, non-government organizations, private sector and peoples organizations, to protect and ensure the maintenance of the integrity of the vast natural resources and cultural heritage of the Province of Laguna, because these resources are the bedrock of sustainable development.

Section 7.Definition of Terms. All the definition of terms is found in Annex A.

ARTICLE IIPGENRO

ARTICLE IIIFOREST RESOURCES

Section 8. Purpose of the Article

a) To promote sustainable development, utilization and management of forest resources;b) To conserve wildlife and biodiversity resources;c) To manage and protect the ecological integrity and intergenerational services of the watersheds of the Province;d) To improve existing strategies, approaches and methods that would accelerate reforestation/ rehabilitation and other forest development activities;e) To rehabilitate and protect open lands with 18% in slope or over, especially the lands located in riparian and buffer zones and work for their declaration as part of the riparian forest, subject to the existing private rights;f) To strengthen the capabilities of local agencies, private sector, and the civil society organizations and collaborate with national government agencies in the implementation of plans, programs, projects and activities related to the management of forest resources, watersheds, biodiversity, climate change and other environment-related concerns.

Section 9. Operative Principles

The Province shall adopt good environmental governance in the management of its forest resources using the following operative principles:a) Institutionalize participatory method in the planning and implementation of programs and projects that concerns sustainable forest management by involving affected communities, private sectors, civil society and other stakeholders; b) Ensure that the balance between ecological, economic and cultural services of the forest resources are maintained to the level that could sustain economic growth and development requirement of the Province;c) Protection of natural forests and landscapes for biodiversity maintenance, scientific research and educational purposes;d) Conservation and rehabilitation of watersheds so as to maintain their capacity to sustainably supply the water requirements for domestic, agricultural, fisheries, industrial and recreational needs of the Province;e) Ensure that all developmental activities within the remaining natural forest of the Province of Laguna shall be in accordance with national laws, rules and regulations;f) Ensure that the remaining natural forests are managed for non-destructive purposes such as ecotourism, habitat for wildlife, and preservation of plants for future generations.g) Encourage and support initiatives from the private sector in forest conservation, reforestation, and biodiversity enhancement-related initiatives within public and private lands;h) Coordinate with the academe in establishing the Laguna Biodiversity Center to which biological and environmental resources would be shared and showcased among students and scholars of the Province.

Section 10. Regulatory Provisions

Sustainable Development of Forest Resources

a) Exploitation, exploration, development and use of the natural resources within the Province of Laguna, shall be regulated in accordance with existing laws, rules and regulations, as well as applicable ordinances;b) Cutting and extraction of timber and non-timber products within the protected areas in the Province of Laguna are strictly prohibited;c) Conversion of forestlands with slope 18% or over to residential, sub-division, recreational, ecotourism and other commercial activities shall not be allowed pursuant to Section15, PD 705;d) Indigenous tree species, fruit trees and medicinal trees shall be used primarily in the reforestation of degraded and barren areas of the public domain, areas reverted to forestlands, riparian zones and easement areas;e) Destruction/injuring/cutting of centennial trees, flowering plants and shrubs or plants of scenic value along public roads, in plazas, parks, school premises or in any other public ground are strictly prohibited, pursuant to RA 3571;f) Planting of invasive and exotic species and unauthorized introduction of untested exotic species in parks, plazas, school premises and any other public grounds shall be prohibited unless a clearance is secured from the Bureau of Plant Industry and Municipal/City ENRO; g) All municipalities, cities and barangays are encouraged to establish and manage forest/tree parks, green belts, ecotourism areas, pursuant to DENR Memorandum Order No. 13, Per LOI 1312 and Section 17 (b) (2) (ii) of RA 7160, including the collection of fees for their services and the use of facilities established therein, pursuant to Section 3.2 (a), DAO 30, series of 1992;h) Seed banks of indigenous forest tree species and fruit trees shall be established and maintained to supply nurseries in the production of seedlings for tree parks reforestation, greening and urban forestry program of the Province and tree planting activities at the Municipal/City Governments of Laguna through their Municipal/City ENROs (or delegated in barangays), pursuant to AO No. 02, Series 1997;i) All municipalities and cities shall designate a coordinator to work with the Provincial Environment and Natural Resource Office (PGENRO) for the establishment of a nursery. The PGENRO shall provide the necessary technical assistance and shall conduct periodic monitoring and evaluation to ensure the success of the project, pursuant to AO No. 02, Series 1997;j) All furniture establishments and sash factory owners shall be required to secure certificate of legitimacy of raw material sources from DENR-CENRO;k) All elected local government officials shall be required to plant and maintain at least 20 fruit-bearing trees or ornamental plants every year along both sides of the road at an interval of not less than two (2) meters or more than ten (10) meters, within their jurisdiction, provided that such would not obstruct nor prevent access to any public utility services;l) Owners of idle private lands shall be encouraged to plant trees or adopt agro-forestry inside their private lands to make the land productive within a period of 8 years. Incentives shall be formulated to promote utilization of vacant lots for vegetable gardening. m) Cutting, trimming, and lopping of trees, plants and other vegetation both in private and public lands without clearance from the MENRO/City ENRO and the necessary permit from DENR, pursuant to Resolution No. 72, Series of 2005 is prohibited;n) Harvesting of both planted and naturally growing forest tress and fruit trees inside privately owned land shall be covered with the necessary clearances from the concerned Municipal/City ENRO and DENR-CENRO. Total harvesting of trees shall be regulated to protect general welfare. The Province shall require selective cutting of trees;o) Provisions for the planting of ornamental and/or shade trees or establishment of green belts shall be required before issuance of permit to operate, locational clearance and development permit. The species to be used must be indicated in the plan. These shall apply to the following:1. Commercial centers, resorts, factories, industrial and business centers2. Subdivisions, human settlements or housing project developers should be required to plant indigenous ornamental plants on both shoulders of all roads or streets inside the subdivision, at a distance of not less than two (2) meters nor more than ten (10) meters.p) Support to the National Greening Program (NGP) by:1. Provision of quality planting materials comprising of indigenous forest trees and fruit trees.2. Plantation development in the identified NGP sites in the rovince of Laguna particularly CBFM areas, protected area, watershed area and urban areas.3. Mobilization of different stakeholders such as community, Non-Government Organizations, private sectors, students and student organizations, state universities and colleges and other local government units to join and participate in the NGP.q) The Province shall prohibit the use, sell and import of chainsaws without the corresponding permit from the DENR pursuant to RA 9175 or Chainsaw Act of 2002; r) All owners or operators of power saws before the approval of this E-Code are required to register their power saws in their respective municipality/city treasurers pursuant to Resolution No. 444, Series of 1996 (Provincial Ordinance No. 5, Series of 1996) ;s) The Province shall ensure that the cutting of trees from the natural forest (e.g. secondary or residual forests) under the public domain for charcoal making for domestic or commercial purposes is strictly prohibited;t) The Province will promote the establishment of tree plantations in A&D lands as source of fuelwood or production of charcoal for domestic and commercial purposes, subject to accreditation by the PGENRO and DENR CENRO;u) The Province shall request technical staff of DENR to conduct trainings on silvicultural practices and plantation management to ensure sustainability and profitability of the plantation v) Production as well adoption of green charcoal technology shall likewise be promoted in the Province. The ERDB/ERDS of the DENR shall be requested to provide the necessary training on green charcoal production, fabrication of equipment and marketing;w) The extraction, removal or cutting of tree(s) within the distance of twenty (20) meters from the riverbanks and creeks is strictly prohibited;x) All reforestation and urban tree plantation activities within the Province of Laguna should use indigenous species including, but not limited to the following: Apin (Ternstroemia gitingensis Elmer), Apin-bundok (Ternstroemia gymnanthera (W. & A.), Laneteng-gubat (Kibatalia gitingensis (Elmer) Woods, Paguringon (Cratoxylum sumatranum (Jack) ,Banatong-puti (Mallotus korthalsii (Muell, Arg.), Aniakau (Cryptocarya foxworth), Matang-hipon (Breyniavitis idaea (Burm.f.), Makaasim (Syzygium nitidum Benth.), Igyo (Dysoxylum gaudichaudianum (A. Juss), Batino (Alstonia macrophylla), Bungliu (Polyscias florosa Philips., Durogo (Knema stellata var. cryptocaryoides), Bungliu (Polyscias florosa Philips.), Balasbas (Evodia crassifolia Merr.), Dao (Dracontolemon dao);y) The Province shall ensure that occupation of forestlands including critical watersheds, riverbanks shall not be allowed, pursuant to RA 7586, NIPAS Act of 1992;z) The Province in collaboration with the Department of Education (DepEd) shall promote environmental education through the inclusion in schools curricula topics on the impacts of environmental degradation, climate change, value of conservation and the role of the citizenry in protection and rehabilitation of natural resources and the environment in the context of sustainable development.aa) The Province shall provide/allocate environmental funds for every municipality/city for the protection, management, rehabilitation and monitoring of forest resources.

Conservation of Wildlife and Biodiversity

a) Adoption of appropriate Environment and Natural Resources conservation and rehabilitation strategies in the implementation of the Rehabilitation in Conservation Hotspots (RICH) and Conservation of Rare and Endangered Species (CARE) in areas identified and delineated by DENR;b) The PGENRO shall establish and maintain, in coordination with DENR, an updated data base of wildlife resources to support management and decision making;c) The PGENRO shall develop and implement localized and site-specific program for the conservation, protection and production of threatened, rare or endangered species of wild flora and fauna in coordination with the DENR;d) Protect biodiversity resources particularly those that serve as the main attraction of the ecotourism industry of the Province;e) Hunting, capture, extraction and transport of wild flora and fauna is strictly prohibited.f) Breeding or propagation of wildlife for commercial purposes shall not be allowed unless duly authorized by the PGENRO and the DENR;g) The PGENRO shall support an environmental education campaign that will promote environmental awareness on wildlife and biodiversity conservation in all private and public schools in the Province.

Integrated Watershed Management Approach

a) The Province shall adopt the Integrated Watershed Management Approach;b) The Province shall undertake further the profiling of watersheds with particular emphasis on the expansion of the area covered in the vulnerability assessment undertaken by the Ecosystem Research and Development Bureau (ERDB), DENR;c) The Province shall develop incentives for the implementation of programs such as adopt-a-watershed program, reforestation and rehabilitation of bare and denuded portions of watersheds.d) The Province shall be responsible for the implementation of soil and water conservation programs including the protection and stabilization of hazardous or risk-prone portions of watersheds;e) The PGENRO shall pursue the formulation of water resources and land-use management policies that would protect the water quality of watersheds from deleterious effects of deforestation and land use change attributable to both agricultural expansion and urbanization;f) The PGENRO, in consultation with DENR and LLDA, shall identify and classify the various areas of the watershed into different bio-geographic zones for the purpose of achieving the following:1. Maintenance of the recreational and aesthetic values of the land.2. Maintenance of ground water level.3. Protection of water supply.4. Preservation of the natural beauty and processes of the watersheds; and5. Protection of public health and interests or welfare of the community.g) The PGENRO, in collaboration with DENR and LLDA, shall immediately implement stream bank stabilization and restoration projects to prevent stream bank erosion blamed for the cause of flooding, re-routing of waterways and deterioration of the water quality;h) The PGENRO, in collaboration with DENR and LLDA, shall administer programs and activities that would facilitate and ensure success of reforestation and rehabilitation of bare and denuded sections of the watersheds. The programs shall involve the active participation of the community, local government units, non-government organizations, private individuals and sectors and other stakeholders;i) The Province shall encourage resort/swimming pool owners/ operators and other commercial establishment like purified water refilling/bottling stations/establishment to share and participate in the protection and/or rehabilitation of the watersheds in the Province through the implementation of the Payment for Environmental Services (PES).

Section 11. Prohibited and Punishable Acts

a) Slash and burn farming or kaingin making is strictly prohibited in forest reservations, national parks and those within 20m along riparian zones. .b) Cutting of trees from natural forest for charcoal making for domestic and commercial purposes shall not be allowed.c) Hunting, capture, extraction and transport of wild flora and fauna is strictly prohibited.d) Breeding or propagation of wildlife for commercial purposes shall not be allowed unless duly authorized by the PGENRO and the DENR.e) The extraction of resources such as quarrying without the necessary permits from the PMRB, occupation and any act of destruction, inside the forest and watersheds of the Province is hereby strictly prohibited.f) Transport of timber, wild terrestrial or aquatic plants and animals from the forest, within the Province of Laguna shall be prohibited, unless a current and valid permit is issued by the Municipal or City ENRO, prior to the clearance by the Municipal or City Mayor.g) Any structure or obstruction on a strip of land within twenty (20) meters along creeks, stream banks, river banks, river banks and other waterways shall be cleared, dismantled and/or removed in accordance with law and due process.h) Extraction of forest products from the community-based forestry areas, integrated social forestry areas, small watershed areas and communal forests without valid permit from authorities is strictly prohibited.i) The unauthorized use of watersheds for residential, commercial, pasture and similar incompatible uses is likewise prohibited. Areas affected by the illegal occupation shall be rehabilitated at the expense of the violator.j) The occupation of critical watersheds declared by proper government authority is strictly prohibited.

Section 12. Fines and Penalties

Any person who violates any provision of this article or any regulatory provisions by the governing laws pursuant to this article and found guilty at the discretion of the Court shall be penalized with a fine accordingly:

a) First offense- fine of not less than Php1,500 or equivalent community environment work;b) Second offense- fine of not less than Php3,000 or equivalent community environmental work;c) Third offense- fine of not less than Php5,000 or equivalent community environment work and imprisonment of not more than one (1) year or both for succeeding offense.

If the violator is a firm, corporation or partnership, the manager or person-in charge shall be held liable. It shall also be a ground for termination of business permits.

ARTICLE IVPROTECTED AREA MANAGEMENT: MT. MAKILING, MTS. BANAHAW AND SAN CRISTOBAL CONSERVATION AND MANAGEMENT

The Mt. Makiling, a 4,224 hectare biodiversity-rich forest reserve is under the jurisdiction of the University of the Philippines Los Baos by virtue of Presidential Proclamation No. 552, later amended by RA 6967 designating Mt. Makiling as a training laboratory for the advancement of scientific and technical knowledge on the preservation, conservation, and development of the forest resources. On the other hand, the Mts. Banahaw and San Cristobal Protected Landscape was declared as protected area by virture of RA 9847 or the NIPAS Act of 2009.

Section 13 . Purpose of the Article

a) To institute collaborative mechanisms among institutions that will sustain the role of the protected areas as venue for instruction, research and extension;b) To ensure that watershed areas of the Province are protected and developed for the sustenance of flow of downstream benefits and that their purpose as site of training is not endangered;c) To conserve genetic resources by providing safeguard that will protect the integrity of biodiversity of protected areas;d) To mobilize bona fide occupants, peoples organizations and other concerned sectors of the society in the conservation, protection and sustainable management of the protected areas;e) To intensify public awareness, appreciation, and understanding of the cultural, aesthetic, ecological roles and values of Mt. Makiling Forest Reserve, Mt. Banahaw and San Cristobal Protected Landscape.


The Province shall adopt the following operative principles:

a) Establishment of collaborative mechanisms among institutions for effective monitoring, reporting and maintenance of records of environmental quality to ensure compliance with environmental laws, rules and regulations;b) Promotion of social and ecological awareness among the constituents and industries within the direct influence areas of Mt. Makiling Forest Reserve , Mt. Banahaw and San Cristobal Protected Landscape to ensure their participation in any conservation and protection programs of the Province;c) Strengthening the partnership among the Acedeme, LGUs and NGAs for the conservation and protection of Mt. Makiling Forest Reserve, Mt Banahaw and San Cristobal Protected landscape;d) Ensure the regulation and control on the use of natural resources and lands within the bounds of the law and related policies;e) Establishment of mechanisms for generation and utilization of funds using the Payment for Environmental Services (PES) concept out of the profits of industries and businesses within the direct influence areas of Mt. Makiling Forest Reserve, Mt. Banahaw and San Cristobal Protected Landscape;f) Adoption of participatory method in the implementation of plans, programs, projects and other forest related activities in involving all communities, private sectors, civil society and other stakeholders for proper management, protection and preservation of forest resources;g) Encourage better partnership and cooperation among the forest occupants and direct users of the resources, business and recreational establishments, industries concerned Local Government Units and National Agencies within the watersheds areas.


a) The Province in coordination with LGUs, DENR-PAMB, PNP, and relevant stakeholders shall be responsible to police its citizens from encroaching and conducting destructive activities within forest reserves and protected areas.

b) The Province shall exert efforts on establishing mechanisms to help UPLB in protecting and managing the Mt. Makiling Forest Reserve.

c) The Province shall exert efforts on establishing mechanisms to help DENR-PAMB in protecting and managing the Mts. Banahaw and San Cristobal Protected Landscape.

d) The Province, in coordination with UPLB, DENR-PAMB, LGUs, and relevant stakeholders shall ensure the protection, conservation, and management of these protected areas.

e) Buffer Zones in all Protected Areas of the Province shall be clearly delineated and declared as such within twelve (12) months upon enactment of this E-Code. The concerned local government unit shall recommend to DENR issuance of appropriate tenurial instruments, regulate use, type of development and activities within the buffer zones, with due consideration to the rights of the private land owners who had acquired the private properties prior to the designation of the area as buffer zone. Section 16. Institutional Arrangementa) Management, conservation, protection and monitoring of areas within the buffer zones of MFR shall be the responsibility of DENR, Local Government Units (LGUs) particularly Calamba City, Los Baos, Bay and the Municipality of Santo Tomas, Batangas in consultation with UPLB. d) The right of the present actual occupants shall be recognized. If claimants or actual occupants cannot be granted right over the property for reason of its location such as in danger zone areas, the LGU concerned in coordination with DENR shall identify, designate and develop resettlement areas of affected occupants/families within the same locality. No force evacuation shall be undertaken unless the areas for resettlement shall be ready;e) The LGUs of Laguna shall initiate rehabilitation and development of buffer zone by involving stakeholders in a participatory manner;f) In addition to the institutional arrangements established by RA 9847 and RA 6967, the Provincial government shall be informed of any development activities that could potentially impact the buffer zone and the province as a whole.

Section 18 . Prohibited and Punishable ActsThis article shall invoke the Prohibited and Punishable Acts stipulated in RA 9847 and RA 6967, RA 7586, and PD 705.

ARTICLE VWATER RESOURCES

Water is not a commercial product like any other but, rather, a heritage which must be protected, defended and treated as such. Water Framework Directives

Water is vital in all aspects of our lives. It is a national development resource and it has become increasingly necessary for government to intervene actively in improving the protection, conservation, restoration and management of our water resources. Water, as used in this E-Code will follow the Water Code definition for consistency. Water shall refer to water under the grounds (termed as groundwater), water above the ground (termed as surface water), water in the atmosphere (collective term for both water vapor and rainwater) and the waters of the sea within the territorial jurisdiction of the Philippines.


a) To develop, utilize and manage water resources in a sustainable manner to achieve water security for the benefit of all;b) To protect, conserve, restore and rehabilitate surface and groundwater resources to maintain continuity of a balance ecosystem;c) To use all doable and practical means consistent with other essential consideration of national laws and policies for the strict implementation of adequate adaptation and mitigation measures in curbing the probable effects of Climate Change; (Note: doable and practical means includes water recycling and conservation techniques, rainwater harvesting, CPR of watershed, strict enforcement of solid waste management, use of renewable energy among others, consistent with those already declared in existing laws)d) To implement the Integrated Water Resources Management (IWRM) approach as a key to unifying the water supply and demand management of competing uses for the benefit of the people and the environment;e) To strengthen capabilities of local government authorities in cooperation with concerned private organizations and all stakeholders as trustee and guardian of the water resource to assure the succeeding generations of a safe, decent, healthful, productive and aesthetic environment.

Section 21.Operative Principles

a) Water resources in the Province shall be developed, utilized, allocated and controlled by upholding the appropriate provision of the Water Code of the Philippines and the Clean Water Act. In the face of limited supply and growing demand and/or under possible extreme conditions or in the case of changing climate, its utilization, allocation monitoring and management shall follow the Integrated Water Resources Management (IWRM) approach for the primary purpose of:1. meeting indefinitely the basic requirement for potable and safe water of all residents, and;2. for sustained agricultural production, industrial needs and environmental flow pursuant to the Water Code. The premise of IWRM is that the many uses of water are interdependent such that decisions will be made by considering the effect of each use to other uses.b) Water as a key driver of economic and social development while it also serves the basic function of maintaining the integrity of the natural environment shall be developed, utilized and managed not in isolation from other vital resources through water resources pricing, institution of local water pollution control legislation including incentives if deemed appropriate. Further, it is hereby declared the policy of the Provincial Government of Laguna that water resources shall be equitably shared and that no Municipality, down to the barangay shall be deprived of safe and clean water. c) The Province will support the implementation of water-related programs that include water efficient technologies, water saving initiatives and strategies of reducing by half the proportion of people without sustainable access to safe potable water and basic sanitation to achieve the Millennium Development Goal (MDG)


Development, Exploitation, Utilization and Appropriation of the water resource

The Provincial Government of Laguna shall pursue the following policies and guidelines for proper development, exploitation, utilization and appropriation of water. In addition to the provisions of the Water Code of the Philippines, utilization of the water resources for domestic, agricultural, industrial and the environment shall be allowed PROVIDED it is in consonance with the global and national agenda of fulfilling sustainable development;

a) In case of water rights for irrigation, domestic water supply, industrial, fisheries, ecological, recreational including eco-tourism and the development of water power, beneficial use shall be the measure and limit of the grant;b) In the context of self-reliance by the local government units, development and utilization of all water resources is encouraged provided it is necessary and appropriate without jeopardizing the source. Provided further, that it undergoes the EIA process. However, efficiently managing existing ones is a better option rather than developing new sources whereas more development means greater impact on the environment.c) The Governor in consultation with the Mayors shall declare and allocate water upon the advice of the PGENRO during critical periods, emergency and extreme conditions such as drought, the priority use for water pursuant to the Water Code of the Philippines following the most beneficial use. It shall also identify critical activities as priorities and those activities that may be stopped indefinitely until the water supply is sufficient. d) Water peddlers, water refilling stations and commercial surface and/or groundwater permittees in the Province should maintain the safety and quality of the water according to its specified use, more so when it is passed on to customers. Water quality monitoring report should be submitted by the permittees on a regular basis determined upon the nature of their business to their respective MENRO.e) Rainwater collection and harvesting system pursuant to EO 774 shall be put in place. In the construction of new buildings, dwellings and/or any facility, provisions for rainwater collection system are required. f) Subdivision and residences developers especially those focused on upper watersheds shall be required to put up recharging wells on strategic areas to capture surface run-off that would otherwise flow into creeks and rivers, thus reduce flooding in urban centers and improve water tables or acquifers.g) Waterfalls found within the Province of Laguna shall be developed for eco-tourism as the priority use except during critical periods, emergency and extreme conditions in which the Province in consultation with the Water Council shall declare the priority used following the principle of most beneficial use.h) Monitor and regulate water use for recreational purposes such as for swimming pools, bath houses, boating, golf courses in resorts and other places of recreation. Such facilities are required to treat and recycle their wastewater to regulate freshwater withdrawal and prevent contamination of the receiving water.

Water Supply Protection Area

Water protection areas shall be established for groundwater sources to ensure the highest quality and highest volume of our groundwater reservoir. The Water Resources Council is hereby designated to create and carry-out a source and recharge area protection plan that uses multi-barrier approach for protection. Broad consultation involving municipalities, conservation authorities, property owners, farmers, industry, businesses, community groups, public health officials shall be undertaken throughout the development of the source and recharge area protection plan. The source protection plan shall identify risks to local drinking water sources and development strategies to reduce and eliminate the risks. It shall also contain definition, assessment and/or inventory of groundwater protection areas.

Protection zones are particularly effective to control pollution from diffuse sources ( e.g. agriculture or traffic), while the prevention or control of point sources of pollution may be achieved through rather straightforward approaches such as permit systems or other legal controls on the quantity, types of substances and places where discharges may take place.

Zone I the land area required within a minimum radius of 10-15 m around a public water supply well or well-field to protect individual wells and their immediate environment against any contamination and interference. This is a no activity zone.

Zone II the land area within a minimum radius of 250 meters around the source depending on the size of abstraction or may also be defined by 50 days travel time, to provide protection against bacteriological contamination. In order to determine the boundaries, a hydro-geological survey is conducted for spring and well. All possible activities causing bacteriological contamination are prohibited.

Zone III includes the land area covering the whole catchment areas based on topographic boundaries where the application of water hazardous pesticides, the infiltration of liquid waste, human settlements with unorganized discharges of the waste water within the catchment area and waste disposal are restricted. It is defined as the area around a source within all groundwater recharge is presumed to be discharged at the source.

Protection of Public Water Infrastructures and Watersheds

The Provincial Government of Laguna shall identify the component watersheds of the Water Quality Management Area (WQMA) of Laguna which are presently supporting inter-municipality waterworks and irrigation system as well as those which are potential sites of similar projects. These watersheds shall be forested to ensure continuous water supply and monitored such that no human activity will create disturbances. Likewise, the Provincial Engineering Office, in coordination with the concerned Municipality shall ensure that engineering works and infrastructure projects within the Province do not adversely impact on water quality.

Other Protective Measures of the Resource

The Provincial Governor shall invoke the provisions of the Local Government Code in sharing with the national government the responsibility in the management and maintenance of ecological balance within their territorial jurisdiction to ensure protection and preservation for the future constituents of the Province of Laguna. Under the consideration of the foregoing premises, the E-Code hereby;

a) Reiterates the ordinance enacted by the Sangguniang Panlalawigan prohibiting the disposal , discharge or dump garbage and any waste material into any river, riverbanks and tributaries thereto and the lakes within the Province of Laguna.b) Consult, participate, cooperate and enter into agreement ( specifically MOA) with other agencies of the government particularly NWRB, Water Districts, DPWH and with affected political groups, political subdivisions, and enterprises such that the Province could prevent and limit exploitation of both groundwater and surface water. It is recommended that metering of withdrawal from private and industrial pumps for the purpose of monitoring the volume of water used and possible changes in yields shall be done.Clean-up Operations. It shall be the responsibility of the polluter to contain, remove and clean up water pollution incidents at his own expense, IN case of failure to do so, the government agencies concerned shall undertake containment, removal and clean-up operations and expenses incurred in said operations shall be charged against the persons and /or entities responsible for such pollution.

IWRM approach to climate variability and climate change Concerns about climate variability and climate change shall be given utmost importance by improving water resources management to cope with more intense floods and drought. For the purpose of this E-Code, the framework of IWRM, defined as a process which promotes the coordinated development and management of water, land and related resources, in order to maximize the resultant economic and social welfare in an equitable manner without compromising the sustainability of vital ecosystems shall be adopted.

The following overriding criteria in implementing IWRM shall be pursued:

a) Economic efficiency in water use: Water must be used with maximum possible efficiency;b) Equity. The basic right for all people to have access to water of adequate quantity and quality for the sustenance of human well-being must be universally recognized;c) Environmental and ecological sustainability: The present use ff the resource should be managed in a way that does not undermine the life-support system thereby not compromising the use by future generations of the same resource.

Moreover, in the context of IWRM the management of land use is as important as managing the water resources itself since it will affect flows, patterns of demand and pollution loads. Moreover, effective landuse planning and implementation can also help promote water recycling and planned reuse.

Designation of Water Quality Management Area. Pursuant to the provision of the Clean Water Act of 2004, the Water Quality Management Area of Laguna shall be identified, defined and designated for the purpose of maintaining water production, conservation and protection. Strict protection of the WQMA shall be implemented such that no activity whatsoever shall be observed within no less than 100 meter radius zone from WQMA of Laguna. The WQMA designated by the Province of Laguna in consultation with the Mayors of the WQMA shall be delineated together with DENR and NWRB. The designation and delineation of the WQMA within Laguna shall be undertaken following the Guidelines set by the DENR.

In support, a Water Quality Management Area Monitoring Plan shall be formulated by the Province of Laguna together with the concerned national government agencies, local water districts, Mayors and private sector groups. It shall contain but not limited to the following:

a) Inventory and classification of water resources in accordance with Presidential Decree 1067 and DENR Administrative Order No. 34, Series of 1990 for the purpose of determining appropriate uses, protection measures needed and water quality standard to be applied;b) Characterization of the status of priority watersheds in terms of water producing capacity, water quantity, water quality and use;c) The measures to be implemented to improve and restore water quality of water resources such as rivers/ streams and falls to a state for which they can serve their most beneficial use other than as sink for all types of pollutants;d)Assessment of the production capacity of the watershed ;e) The appropriate institutional arrangements;f)The investment requirement, and duration;g) Appropriate policy incentives and regulations to ensure that the watershed is managed in a sustainable manner.

Drainage and Sewerage Systems. The Provincial Government of Laguna shall adopt necessary measures to ensure that adequate Municipal and barangay drainage and sewerage systems are established and maintained to prevent the negative effects of all types of effluents on both surface and ground water quality. The Provincial Government through its units (Provincial Engineering, MPDO) shall establish proper sewerage system pursuant to the provisions of the Clean Water Act (RA 9275). Direct investments in public health education and strict enforcement of the Building Code, provision of sanitary toilets following the most water efficient technology especially in areas with problems on water and sewerage system services should be done.


a) No industrial, agricultural or domestic sewage shall be discharged into Class AA and Class SA waters, including all Rivers with lower classification as defined under DENR Administrative Order No. 34, Series of 1990 and the Clean Water Act.b)In order to avoid deterioration of the quality of a receiving water body (RWB), no industrial plant or project with high waste load potential and/or hazardous substances shall discharge into a body of water. c)No industrial or manufacturing plant shall be operated without wastewater treatment system in good order or in proper operation.d)No industrial or manufacturing plant or source of pollution shall be operated at capacities beyond the limits of operation or capability of wastewater treatment facility in order to maintain the effluent quality within the standards or pertinent conditions required by law and/or as stipulated in the permit to operate. e)It shall be unlawful for any person natural or juridical to dispose , discharge or dump garbage and any waste material into any river, riverbanks and tributaries thereto and the lakes within the Province of Laguna.f) No person shall build, erect, install or use any equipment, contrivance or any means the use of which will conceal and/or dilute effluent discharger and which otherwise constitute a violation of the provisions of this E-Code.g) The construction of houses, resorts and other physical structures within the seashore or banks of rivers shall be prohibited and governed by existing laws.h) No person shall develop a stream, lake, marshland or pond for recreational or commercial purposes without first securing a permit from the National Water Resources Board and the appropriate LGU, in addition to an Environmental Compliance Certificate issued by the DENR or the Mayor in accordance with existing laws.i) No person shall raise or lower or cause the raising or lowering of the water level of a stream, river, lake, marsh or pond, nor drain the same without the necessary government clearances and/or permits.j) No person shall impound water in large amounts such as to prejudice downstream or upstream users.k) No person shall drill a well without a permit from the National Water Resources Board or from its duly deputized agency and to the concerned LGU in the case of subterranean waters. No groundwater shall be extracted if this will result to the deterioration of critically important source including surface waters. The permitting agency with the recommendation from Province shall reserve the right to revoke or cancel any permit for the extraction of groundwater if this is found to be detrimental to its sustainability or inimical to other higher priority water uses.l) Dumping of wastes and sediments from construction sites and quarrying operations, as well as farm water, hydropower plants or any facility carrying pesticide residues and/or pollutants such as swine or livestock effluents directly to water body, is hereby prohibited. m) The construction or setting up of any structure, temporary or otherwise, that would destroy the scenic value of natural waterways or result to the disruption of water flows shall be prohibited.n) No person shall operate and maintain any collection system, sewage disposal system, treatment facility or wastewater treatment facility unless the same is provided with adequate and effective treatment and covered by a current and valid permit or certificate of compliance issued by the concerned agency or LGU, as the case may be.

Unless otherwise provided herein, any person who commits any of the prohibited acts provided in the immediately preceding or violates any provision of this Article shall be penalized and be fined an amount not less than P 10,000 nor more than P 200,000. The penalty provided in this E-Code shall be in addition to the penalty that may be provided by any other law or ordinances. Provided however, that the prosecution or law enforcer shall charge the offender or violator with the law providing a heavier penalty in case it appears that a single act is punishable by two or more laws, ordinance and provisions thereof with different penalties or in case filing more than one charges may amount to double jeopardy.

Section 24. Creation of Water Resources Council. Within 3 months upon effectivity of this E-Code, the Governor shall organize and maintain the continuous and effective operation of a 12-member multi-sectoral Water Resources Council (WRC) to be composed of the Governor as Chairman and Sangguniang Panlalawigan Committee Chairman on Environment, DENR, NIA, LWUA Head in Laguna, Provincial Engineers Office, River Council/non-government organization, DOH, LLDA, and BFAR as members, including one representative each from the Industry and Agriculture sector. The PGENRO shall serve as the permanent Secretariat of the said council. The Council shall be vested with the following duties and responsibilities:

a) Coordinate a regular forum/assembly in which water users and government officials gather to discuss and seek solutions to problems and make decisions on water related issues and concerns;b) Coordinate with the mayors the number and location of provincial-wide water sampling stations based on proximity to human settlements and possible sources of pollution. The sampling stations shall include lakeshore areas, estuaries, rivers, community deep wells, artesian wells, aquifers, and similar bodies of water as determined by the Council.c) Coordinate with PGENRO the conduct of regular monitoring, sampling and analysis of using the parameters, standards, and procedures established by national laws. The priority parameters to be measured shall include biological oxygen demand (BOD), total suspended solids (TSS) and total coliform. d) Inform regularly the public particularly the Municipality and Barangays concerned on the water quality and quantity monitoring results. e) Assist national government agencies in the strict enforcement of anti-pollution and water supply laws including Presidential Decree No. 984, DENR Administrative Order 34 (Revised Water Usage and Classification Water Quality Criteria), DENR Administrative Order No. 35 (Revised Effluent Regulations of 1990), Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990) and the Clean Water Act.f) Organize small and medium enterprises (SMEs) and tourism establishments in the Province according to their geographical location and type of wastewater so that they can share water pollution control and reduction techniques, work as a group with the government and non-governmental organizations on pollution control and reduction. g) Recommend to the Governor the allocation of the Water Resources Trust Fund as provided under Section 25 of this E-Code. h) Prepare, review and recommend to the Governor annual work and financial programs and plans for the operation of the Council.

Section 25. Water Resources Trust Fund. The PG-Laguna shall allocate funds which shall comprise all amounts from the operation of water utilities by national government agencies and instrumentalities also known as share of national wealth.

Section 26. All acts not directly specified shall be guided and referred to related governing National Laws.

ARTICLE VIBIODIVERSITY CONSERVATION

Section 27. Purpose of this Article

a) To conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological diversity; b) To ensure that the National Biosafety Guidelines are implemented in the Province; and c) To regulate the collection and trade of wildlife in the Province of Laguna.


a) It is important to protect and maintain the natural biological and physical diversities of the environment to sustain human life and development.b) It is the policy of the provincial government to secure for its constituents of present and future generations the perpetual existence of all native plants and animals.

Section 29. Conservation of Biodiversity

a) The extent, condition, status, and over-all situation of biodiversity and wildlife resources in the Province shall be determined and updated annually by the PGENRO upon consultation with the various municipalities and barangays and in coordination with the DENR.b) The introduction, re-introduction or restocking of endemic and indigenous species of wildlife may be allowed only for population enhancement or recovery purposes.c) The PGENRO shall develop and establish a program for the conservation of endangered, threatened, extinct, or rare species of wildlife flora and fauna in the Province.


a) The collection, possession, transport, exportation or importation, and trade of wildlife flora and fauna shall be prohibited, except when duly authorized by the Provincial Governor and appropriate DENR Office.b) No exotic wildlife flora and fauna shall be introduced in the Province unless a clearance had been issued by the Provincial Governor and appropriate DENR Office.c) Breeding or propagation of wildlife for commercial purposes shall not be allowed unless duly authorized by the Provincial Governor and appropriate DENR Office.d) Bio-prospecting may be allowed only if accompanied by the necessary permit/clearance from the Provincial Governor and appropriate DENR Office.

Section 31. Institutional Set-Up

a) The Provincial Government Environment and Natural Resources Officer (PGENRO) shall be responsible in the conservation of biodiversity, protection of wildlife and their habitats, and the regulation of collection and trade of wildlife.b) The PGENRO shall coordinate with concerned local or national government agencies, private sector, and the civil society organizations, in the implementation of plans, programs, projects and activities related to biodiversity conservation, wildlife collection and trade, and bio-prospecting activities within the Province.c) The PGENRO shall propose necessary ordinances not herein included as result of the necessity to address issues concerning the conservation of biodiversity, protection of wildlife and their habitats, the regulation of collection and trade of wildlife, and bio-prospecting activities within the Province that may arised) All concerned offices of the provincial government, including the Philippine National Police and other law enforcement agencies based in the Province, shall provide the necessary assistance to the PGENRO in the enforcement of laws, rules and regulations affecting wildlife resources inside the Province.

Section 32. Bio-safety

a) The importation and/or introduction of certain species of animals which are liable to become agricultural crop pests and are capable of causing injury to agricultural crops is strictly prohibited.b) The importation and/or introduction into the Province of plants, plant products, soil, packing materials of plant origin capable of harboring and are a source or medium of infection/infestation of plant pests, is strictly prohibited.c) In order to prevent and arrest the spread of injurious plants and animals, these shall be inspected, treated if necessary, and certified as safe in case of their movement within the Province.d) All activities dealing on genetic engineering and pathogenic organisms in the Province, including the importation, introduction, field release and breeding of organisms that are potentially harmful to human and the environment, shall be regulated based on National Biosafety Guidelines (EO 247).

Section 33. Prohibited Acts

a) Any form of bio-prospecting activity undertaken within the Province without permit from competent authorities.b) The importation and/or introduction of certain species of animals which are liable to become agricultural crop pests and are capable of causing injury to agricultural crops. c) The importation and/or introduction into the Province of plants, plant products, soil, packing materials of plant origin capable of harboring and are a source or medium of infection/infestation of plant pests. d) The collection, possession, transport, exportation and trade of endangered, threatened, extinct, or rare species of wildlife flora and fauna are prohibited except when duly authorized by competent authorities.e) The dumping of waste products detrimental to wildlife, squatting or otherwise occupying any portion of a critical habitat of wildlife, mineral exploration and/or extraction inside critical habitats of wildlife.


Any person who violates any provision of this article shall be penalized with a fine of Php 1,500.00 or equivalent community environmental work for the first offense; Php 3,000.00 or equivalent community environmental work for the second offense; and for the third and each succeeding offense, Php 5,000.00 or imprisonment of not less than 30 days nor more than one (1) year or both, at the discretion of the Court

If the offense is committed by a firm, corporation, partnership or other juridical entity the chief executive officer, president, general manager or person-in-charge shall be held liable.

These penalties are without prejudice to those imposed by applicable national laws, rules and regulations.

ARTICLE VIIECOTOURISM DEVELOPMENT AND MANAGEMENT


In addition to the authority of the local governments as embodied in Republic Act 7160, otherwise known as the Local Government Code of 1991, the Provincial Government of Laguna, through its provincial, municipal and barangay offices, a) will perform tasks related to ecotourism development and management that will ensure the integrity of existing and potential ecotourism areas, including both the natural and cultural heritage of the Province; b) promote ecotourism as a vibrant socioeconomic enterprise that can generate sustainable livelihoods of the local residents of the Province; c) promote ecotourism potentials within the bounds of their respective carrying capacity for sustainable growth; and d) protect these areas as a national heritage to the future generation of citizens of Laguna Province.The Province through this E-Code shall put premium on ecotourism as a primary centerpiece in the development of the Province of Laguna, being internationally known as home to a number of unique natural attractions such asa) Laguna Lake, the largest lake in the Philippines; b) Crocodile Lake of Los Baos, Pagsanjan Falls, the hot spring resorts of Los Baos and Calamba on the slopes of Mount Makiling, cold springs in the slopes of Mt. Banahaw, the Mt. Makiling as a biodiversity-rich mountain ecosystem nearest to the National Capital Region, the Sierra Made Mountain Range and the mystical twin mountains, Mts. Banahaw-San Cristobal, Taytay Falls in Majayjay, and the Hidden Valley Springs of Calauan, to name a few. Ecotourism is further enhanced by: (a) the vast cultural heritage that can be found in the Province such as the University of the Philippines Los Baos, considered to be a premier university in the country, (b) Pilas historic town plaza, the wood carvings and papier-mch created by the people of Paet, (c) the fine embroidery of local fibers such as pia and jusi products, the bougainvillas of Bay, (d) the annual Sampaguita Festival in San Pedro, (e) the turumba of Pakil, (f) the tsinelas footwears from Liliw, (g) the Pandan Festival of Luisiana, (h) the Seven Lakes of San Pablo (the first city in the Province), (i) and the Hidden Valley Springs in Calauan. Laguna is also the birthplace of Jose Rizal, the countrys national hero and pride.


a) The Provincial Government shall put premium on ecotourism as a primary strategy to accelerate the development of the Province and at the same time protect the quality of the environment. In coordination with concerned Mayors, or appropriate national and local agency, the Provincial Government shall adopt measures to protect and enhance the services and facilities such as roads, water system, communication, police and emergency health service providers, to accommodate domestic and international visitors to natural as well as cultural sites.b) The Provincial Government shall adopt and support the community based ecotourism, or co-management approach that commits to establish and maintain the ecotourism sites with the participation of the local residents and other relevant stakeholders, marketing these appropriately, enforcing regulations and using the proceeds of the enterprise to fund the ecotourism areas management, as well as community development.c) The Provincial Government shall, in coordination with Mayors and national and local agencies, ensure that negative impacts attributed to ecotourism will be avoided; and that other developmental activities will not damage the sustainability of these resources.d) The Provincial Government, in coordination with Mayors, and relevant national and local agencies, shall ensure that management personnel of the area shall be equipped with the appropriate technical capabilities for, and attitude towards the operations of an ecotourism destination site.The Provincial Government shall invest in human resource capability building, marketing, linkaging and development of ecotourism products prior to promoting an area or activity.


a) The Province, through PGENRO, Laguna Tourism, Culture, Arts, and Trade Office (LTCATO) and respective municipal local tourism offices, shall monitor the frequency of visitors to ecotourism sites, ensure operation of on-site pollution control measures of ecotourism facilities, and provide proper visitor services and amenities.b) Establishment and development of ecotourism enterprises shall be in areas designated as ecotourism zone by the Comprehensive Land Use Plans of each of the municipalities of the Province. Municipalities who have not yet identified their ecotourism areas, within 6 months from the enactment of this E-Code, must delineate areas for ecotourism purposes and update its CLUP for its inclusion, in order that these resources are protected, developed, and packaged by the Laguna Tourism Council, to be renamed Laguna Ecotourism Council (LEC);c) Development of ecotourism-related infrastructures shall respect the limitations imposed by other laws governing natural resources and biodiversity, and reiterates regulatory provisions which prohibits any construction along the riparian zone of lakes and rivers.d) Each municipality in the Province shall develop its own eco-parks or tree parks in urban centers to provide a quality recreation to the citizens, especially for children and the elderly.

Section 38. Laguna Ecotourism Council, Ecotourism Program Review and Formulation

Within the first 90 days of the effectivity of this E-Code, the Governor shall call on the Laguna Tourism Council, created by AO No. 01, S. 2011 with the Governor as the Chair, to be renamed as Laguna Ecotourism Council upon enactment of this E-Code, and would include representatives from concerned municipalities, Provincial Government ENRO, DENR-PENRO/CENRO, PPDCO and Sangguniang Panlalawigan representative, non-government organizations and private sector representatives. The renaming is made to emphasize the focus on natural resource-based tourism, enhanced with cultural tourism and whose major component includes environmental/cultural and education of visitors to the ecotourism areas and among the citizens of the Province. The LEC, in coordination with Municipal Tourism Councils, PGENRO and LTCATO, will perform the following:

a) Inventory of the existing and potential ecotourism sites and its status; and update baseline information of other biophysical resources, to include both unique biodiversity resources and geological and archeological sites, in the Province and its municipalities;b) Determine the carrying capacity of each ecotourism site;c) Prioritize the identified ecotourism sites based on market potential, infrastructure investment requirements, economic viability, community participation and environmental protection;d) Establish mechanisms for on-site pollution regulation, number of visitors/hr/day; adequate setbacks to allow for natural regeneration, e.g. regulating trails inside natural areas;e) Establish mechanics for peoples initiatives and participation in community-based ecotourism initiatives;f) Establish mechanisms for monitoring and information management of the status of ecotourism sites; and g) Recommend to the Provincial Government for approval the appropriate types of development and management for each prioritized area.

The LEC, together with the Laguna Tourism, Culture, Arts and Trade Office (LTCATO) and PGENRO, shall conduct consultations in order to formulate an ecotourism development framework for the Province of Laguna; which shall be submitted to the Office of the Governor for inclusion to the Legislative Agenda of the Provincial Government.a) The LEC, in coordination with PGENRO and LTCATO shall conduct periodic review and update of the ecotourism development framework and plans.b) The LEC shall work in close coordination with the PGENRO and the LTCATO.c) Within 6 months of the enactment of the Code, the Governor, will convene the LEC, PGENRO and the LTCATO, with PGENRO as convenor, to determine the appropriate sharing of benefits from resources generated from ecotourism activities.d) The LTCATO, in coordination with PGENRO and respective Municipal Tourism Councils (MTCs), shall ensure that there is a plan for human resource capacity building for ecotourism, including conduct of training programs for environmental guides and accreditation programs for them.e) The LTCATO shall lead, in coordination with PGENRO, in the education and information communication program for ecotourism.

Section 39. Environment Fund

A separate Environment Fund (EF) will be created by the Provincial Government, to be jointly administered by the PGENRO and LTCATO. The provincial share of benefits from ecotourism activities will be placed in the EF, which will be used only for environmental protection and enhancement purposes of the natural resources.

Section 40. The Laguna Tourism, Culture, Arts and Trade OfficeThis office, in coordination with PGENRO and Laguna Ecotourism Council, shall lead in the promotion of the Province-wide Ecotourism Development Framework Plan. Other functions of the unit include:a) To provide assistance to local and foreign investments in ecotourism through provision of information about the Provincial Ecotourism Development Framework Plan which includes the priority ecotourism thrusts; and relevant laws and procedures related to investments in ecotourism activities;b) To receive complaints and address conflicts related to ecotourism;c) To lead in the review of ecotourism plans, programs and policies; and amendments, through a consultative process;d) To study new markets for ecotourism; and design appropriate marketing strategies; ande) To ensure that the quality of the ecotourism services is sustained, in coordination with PGENRO and other relevant units, as designated by the governor.

Section 41. Maintenance of Envrionmental Standards of Ecotourism Sites

The PGENRO shall ensure that the environmental standards on water and air quality, noise, operation quality and efficiency and sanitation, set by law are met by the ecotourism enterprise/industry. The PGENRO shall monitor compliance to other environmental standards of practice such as proper waste management as stipulated in RA 9003, energy and water conservation as cited in Executive Order 774, and maintenance of air quality and noise minimization. The PGENRO shall also conduct information and education dissemination on strategies that minimize the use of energy, alternative energy sources, water conservation technologies and efficient use of other natural resources.


In addition to acts punishable by other articles of this E-Code and by other relevant national laws, acts prohibited and penalized under this Article as applicable to ecotourism shall include, but not be limited to the following:a) Construction or expansion of facilities and infrastructures and holding of activities in non-designated or preserved areas that will destroy, alter or expose fragile habitats to human encroachment. b) Entering and/or visiting preserved areas or those to which access is prohibited, except for access/activities which are conducted in pursuance of scientific or legal study or researches, which shall likewise seek permit to conduct study. c) Collecting, transporting and exporting of endangered and threatened flora and fauna from its natural habitat within the Province whether public or private domain, including introduction of species harmful to the area, except those which are transported or introduced for scientific purposes or legal causes. d) Developing streams, marshland, lake, pond and river for tourism and recreational purposes without prior permit from the National Water Resource Board (NWRB) or its deputized agency and the municipality/ies concerned, in addition to an Environmental Compliance Certificate (ECC) issued by the DENR, and endorsement from the barangay/s where the project is to be implemented;

e) Establishments of livestock farms, heavy industries, mineral extractions and major commercial establishments within ecotourism delineated areas. Residential areas within the ecotourism areas shall be controlled.

f) Construction within natural and protected areas/sanctuaries in the Province;

g) Selling, distribution, transfer, buying and picking of natural items such as rocks, minerals, wild animals and endemic plants from ecotourism sites;

h) Vandalism, use of illegal drugs, squatting, prostitution, and littering in ecotourism sites;

i) Dumping or disposing of any waste or garbage within tourist zones except in designated place/ areas; and

j) Mutilating, defacing or destroying objects of natural beauty, or burial grounds, objects belonging to religious and cultural groups, as well as monuments, landmarks and other objects or artifacts of archaeological importance.


Violation of provisions of this Article in this E-Code shall be penalized and fined an amount of not less than Php 1,000.00 but not more than Php 5,000.00, community service or thirty (30) days to 1 year imprisonment, or a combination thereof, at the discretion of the Court. If the violator is a business firm, corporation, partnership or other juridical entity, the permit to operate will be revoked. This penalty is without prejudice to payment of civil damages.Fines from violations will be deposited in the Environment Fund.

ARTICLE VIIINATURAL AND CULTURAL HERITAGE CONSERVATION

Section 44: Purposes of this Article

a) Encourage and facilitate the conservation of the values of our natural and cultural heritage for the present and future generation.b) Retain and care for the posterity of the values of our traditional arts, culture and history. c) Reinforce community identity and relationship of our ancestors to the environmental resources.d) Develop an integrated planning system for conservation, protection and development that will ensure the sustainability of our heritage. Natural heritage places should be developed for sustainable eco-tourism managed by the community and some cultural heritage office, for sustainable tourism. e) Strengthen private-public partnerships in the identification, characterization, classification, conservation, rehabilitation and sustainable development of our natural and cultural heritage.f) Establish Laguna Registry of Natural and Cultural Heritage.g) Increase public awareness on heritage significance, the issues as well as the benefits of sustainable heritage conservation practices. h) Promote knowledge and understanding of our natural and cultural heritages through scientific research and education. i) Enhance technology and human resource capability in managing, storing and utilizing information and heritage resources in a sustainable manner to promote and encourage fair and safe public access to these resources


a) Natural and cultural heritages are irreplaceable sources of our life and inspiration.

b) Cultural and natural diversity and local distinctiveness is a treasure to protect as it is of national and provincial significance.

c) It is a must to conservation the natural and cultural heritages for trans-generational benefits.

d) All conservation decisions should be based on a scientific evaluation of significance. e) Conservation should take into consideration all aspects of significance, both tangible and intangible.f) Conservation processes and activity should be transparent and adequately documented, monitored and evaluated.g) Conservation processes should seek to resolve conflicts, but where irreconcilable differences between conservation aims and other aims arise, conservation will prevail.h) Conservation of a place should take into consideration all aspects of its natural significance, and similarly, aspects of cultural significance in a place must be respected. i) Any action should have as minimal adverse impact on significant features as possible.j) Where there is a serious threat of damage to the significance of the place or object, lack of full information should not be used as a reason to delay preventive action.k) Information and education campaign is needed to inform the community on the significance and values of sustainable conservation of our heritage resources.

Section 46 Regulatory Provisions

a) The city/municipality should comply with RA 10099 (National Cultural Heritage Conservation Act) and institute ordinance or resolution to protect and conserve natural and cultural heritages in their locality in cooperation with private sectors, non- government organizations, academe and the concerned constituents.

b) The Laguna Tourism, Culture, Arts and Trade together with the cities and municipalities, academe, research institutions, non-government, scientific and civic organizations, and the constituents should identify, characterize and classify natural and cultural heritages in the Province and establish Laguna Registry of Natural and Cultural Heritages. Philippine criteria for cultural heritage (RA 10066) and the criteria for natural heritage of the 2004 Convention of World Heritage shall be used. Heritage trees and geological monuments like Pagsanjan Falls and Seven Lakes of San Pablo City shall be conserved and protected from the threats of land and infrastructure development, quarrying, mining and hydropower development to ensure equitable access to resources particularly for the poor sector in the rural areas..

c) The city/municipality recommends to the Laguna Tourism, Culture, Arts and Trade for endorsement to the National Commission on Culture and Arts for the inclusion of city/municipal/ cultural heritage into the national cultural treasures or important cultural property.

d) The city/municipality through the Laguna Tourism, Culture, Art and Trade should request funding support from the National Commission on Culture and Arts for the conservation of the national cultural treasures in their locality.

e) The city/municipality shall encourage public private partnership on the planning for preservation, protection and conservation of the natural and cultural heritages in their locality.

f) Natural and cultural heritage places located in public land of a city/municipality in cooperation with the constituents shall be recommended by Laguna Tourism, Culture, Art and Trade to the DENR-Provincial Environment and Natural Resource Office as sustainable ecotourism/tourism site. The carrying capacity of the ecotourism sites must be determined to ensure their assimilative capacity is not exceeded.

g) The Laguna Tourism, Culture, Arts and Trade shall recognize city, municipality and/or individual or group initiatives for their outstanding planning and implementation of the restoration, protection and conservation, monitoring and evaluation of the provincial natural and cultural heritages.

h) The Laguna Tourism Culture, Arts and Trade shall encourages the city/municipality identify and characterize the potential natural and cultural heritages like heritage trees and geological monuments like Pagsanjan Falls and Seven Lakes of San Pablo City for conservation and protection from the threat of land and infrastructure and hydropower development, quarrying and mining.

Section 47: Punishable and Prohibited Acts:

a) Section 48 of Article XIII on Penal Provision of Republic Act 10066 on National Cultural Heritage Act of 2009 provides offenses against the conservation of cultural heritage.b) Person is not allowed to desecrate, damage or alter the natural and cultural heritage.

ARTICLE IXSUSTAINABLE AGRICULTURE AND AGRICULTURAL WASTE MANAGEMENT


a) To attain economic growth in the agricultural sector without causing the deterioration of the natural resource base as croplands and freshwater ecosystems; b) To ensure that agricultural activities will not ruin the integrity of essential ecological processes and life support system; c) To regulate the use of pesticides and the management of agricultural wastes to attain and maintain acceptable quality of common resources such as air and water, and protect the health of the people; d) To conserve soil and water through the promotion of soil and water conservation technologies and appropriate agro-forestry systems in the sloping agricultural lands of the Province;e) To contribute to the mitigation of global warming by reducing greenhouse gas emission from agricultural activities. f) To promote organic agriculture through information and communication materials, policy, and technology support


a) Compliance with existing environmental regulations;b) A concern for meeting the needs of the present generation without compromising the ability of future generation to meet their own needs;c) A concern for the efficiency of the agricultural resources;d) Recognition of the fragility of critical areas such as sloping lands, critical watersheds and water bodies and the need for extra care in the utilization of these areas;e) Creating awareness of the limits of the carrying capacity of the agro-ecosystems and assimilative capacity of the waste sinks;f) Raising awareness on the possible environmental effects of the agricultural operations and wastes disposal practices;g) Reduction in the use of raw materials, energy, and supplies, and maximizing recycling of agricultural wastes;h) Regulation on conduct of experiments that would pose high risk and hazard to agricultural communities;i) Promotion of peoples participation in the planning and implementation of agricultural development programs;j) Monitoring of the progress and review of environmental performance of the agricultural sector and continuously seeking for its improvement;k) Utilization of idle lands for agricultural use, which shall include improvement of degraded marginal lands through innovative mechanisms;l) Promotion and implementation of organic agriculture, and provision of support system such as seeds, irrigation, training, fertilizer, green pesticides, stocks and feeds including marketing and value-adding.m) Assistance to farmers in marketing farm produce by establishment, maintenance, and operation of organic products trading posts.


a) Agriculture related enterprises, structures, and establishments must follow the regulations and requirements stipulated in the Comprehensive Land Use Plan of their respective City or Municipality;b) The PGENRO in coordination with the City/Municipal ENRO shall closely monitor the practices in the agricultural sector and ensure that the practices are within the environmental standards/laws contained in this E-Code and do not cause negative environmental impacts.c) The use of the land for agricultural purposes should be in accordance with the CLUP of each City or Municipality. Encroachment of the agricultural sector in the forestlands should be strictly prohibited. Forestlands should be vegetated with trees. Livestock and poultry farms shall be located at least 500 to 1,000 meters away from built-up areas such as residential, commercial, institutional and industrial sites. Existing livestock and poultry farms that are already located near built-up areas, must be required to formulate and submit to the City or Municipal ENRO, a pollution management plan that contains the mitigating/control measures. Government and private abattoirs or slaughterhouses, should be located at least 1 kilometer away from residential or institutional areas to minimize odor nuisance. Livestock and poultry raising communities must have a buffer zone to protect the industry from urban sprawl;d) A permit should be sought from the Provincial government as a requisite to conversion of sloping agricultural lands to residential lands;e) Riparian corridors should be planted with trees or bamboo to trap and prevent eroded soil sediments, nutrients, animal wastes from entering the stream and river system;f) Soil and water conservation technologies and suitable agroforestry systems should be promoted by the Provincial, City or Municipal Agricultural Offices to the farmers operating in the sloping agricultural lands. Good agricultural practices (GAP) and Good Animal Husbandry Practices of the Department of Agriculture should be promoted by the City and Municipal Agricultural Offices;g) The Province shall develop a program to promote Organic Agriculture in the Province. The City and Municipal Agricultural Offices shall provide regular training on organic agriculture and integrated pest management to reduce the use of chemical fertilizers and pesticides. The program shall also include the promotion of organic livestock production technology;h) Pollutant agricultural enterprises or farms such as swine farms shall be required to develop an environmental management plan to include appropriate pollution control and wastewater treatment facilities. This environmental management plan shall be one of the requirements necessary to obtain business permit, CEC from the City or Municipal Government. Backyard and medium scale livestock and poultry farms that are exempted from obtaining Environmental Compliance Certificate from DENR must secure Environmental Certificate from City or Municipal ENRO;i) No effluent and sludge from livestock and poultry farms shall be disposed into the drainage system without appropriate wastewater treatment. Dead animals shall be buried in well-drained sites, away from freshwater ecosystems;j) Utilization or recycling of farm residues and wastes should be encouraged and maximized. Burning of farm residues should be prohibited as stipulated in RA 9003. The City or Municipal Agricultural Offices should conduct training and put up demonstration projects to show proper composting of farm residues and wastes into organic fertilizers. The demonstration projects shall include the establishment of biogas digesters in livestock farms especially in swine farms to capture methane gas, which contributes to global warming;k) The use of red label pesticides for food crops shall be strictly prohibited;l) The City Health Office shall promote occupational health and safety practices to agricultural workers from production, processing and marketing operations to improve their working environment and well-being and avoid loss of lives;m) Sale of antibiotics or any veterinary drugs with high residues in animal products should require prescription of a veterinarian before it is sold by agricultural suppliers or veterinary drug stores.

Section 51. Institutional Set-up

a) The PGENRO shall be given the responsibility of overlooking the environmental performance of the agricultural sector of the Province. As such, PGENRO will have to seek cooperation of the City or Municipal ENROs, Agricultural Offices, and other provincial government offices;b) Issuance of environmental permits and monitoring of agricultural businesses, such as farms and factories, shall be the responsibility of the City or Municipality ENROs. As such, they will have to seek coopera

2nd Draft of the Environmental Code

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Transcript of 2nd Draft of the Environmental Code