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

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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

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� 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

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� 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

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Households

(Consumption)

OutputsInputs

Water

Amenities

waste

Water

pollution

Waste

heat

Raw materials (natural resources)

ECONOMY

Classification of Resources

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Resource Management

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

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� 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)

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� discrete/ continuous

� flow/ stock

� public/ private/common pool/ open access

I. Common types or sectors

� Water

� air

II. Use

� Renewable resourceGrow and replace


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� 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


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� Discrete resource

� Continuous resource

� Private

� Public

� Common pool

� Open access

V. Changes through time

� Stock


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� Stock

� Flow

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

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32.3%

Sta. Rosa Watershed Basin (Laguna)Sta. Rosa Watershed Basin (Laguna)

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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

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� 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

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� resources: commonly open access and abundant;

government regulation if not ownership was

largely absent

� resource development goals: short-term (private)

profit maximization


Modern resource management

• movement against wasteful, extremely short-term resource development and use

• stewardship, conservation, wise use of resources

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• 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


Preservationist movement

� prevent use and development of resources

(i.e. bird feathers for fashion; scenic and natural areas protected in parks)

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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)

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� 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


• direct effects of harvesting resources

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• effects of physical changes of the environment on local ecosystems, species and human health

• effects of waste or pollution load

• Social impacts


� Environmental valuation

• Value the benefits from environmental improvement/ value the services provided by

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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


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- 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


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• 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


Management of natural resources and maintenance of ecological balance

Local Government Code has mandated local executives to

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“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


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“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

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Tools for Environmental Assessment

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

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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


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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

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� 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

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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

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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

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� classification of industries

� fire hazards; health hazards

� pollutive discharges of air, water and solid contaminants


Pressure – State – Response Approach (OECD, 1999)

Pressure: various demands exerted by human society on a given ecosystem for their survival and well-being.

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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


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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

Pressure

State

Impact

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

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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

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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

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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

Environmental Policies, Laws and Regulations

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Regulations

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

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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


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.

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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.


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.

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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.

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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 .

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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

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� 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 Environmental Impact Assessment (EIA) System under PD 1586 (1978).

Proponents of environmentally critical projects (ECPs) and those located in environmentally

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(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


Presidential Proclamation 2146 (1981)

� Proclaimed certain areas and types of projects as environmentally critical (ECAs & ECPs) and within the scope of the EIS system

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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.


DAO 37, series of 1996

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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.


� 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



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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.


� 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.



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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.


� 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,



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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



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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



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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



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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



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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



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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).


4. Areas of unique historic archaeological or scientific interest

5. Areas which are traditionally occupied by cultural



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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.)


7. Areas with critical slopes

8. Areas classified as prime agricultural lands



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9. Recharged areas of aquifers

10. Water bodies characterized by one or any combination of the following conditions:


10. Water bodies characterized by one or any combination of the following conditions:

a. tapped for domestic purposes



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b. within the controlled and/or protected areas declared by appropriate authorities

c. which support wildlife and fishery activities


11. Mangrove areas characterized by one or any combination of the following conditions:

a. with primary pristine and dense young growth



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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


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



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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



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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



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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

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rehabilitation of forest lands

� Land classification and survey to delineate forest

lands

� Multiple use of forest lands for national

development and public welfare


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.

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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



� 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

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� 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



� 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,

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� 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,

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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.


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

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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)

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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)


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

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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


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

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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.


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:

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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


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.

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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:


L) In general, spacing requirements except for wells less than 30 meters deep shall be in accordance with the table below:

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Not regulated

Mineral Resources

� RA 7076: People’s Small-Scale Mining Act of 1991

� RA 7942: Philippine Mining Act of 1995

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� 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

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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.

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� 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

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� 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

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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.

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• 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

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• 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.

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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

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- 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)

-


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

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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


1997 (RA 8371)Section 3. Definition of Terms

Time immemorial – a period of time when as far back as memory can go.

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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.


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

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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.


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

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� 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


1997 (RA 8371)Section 8. Rights to ancestral lands

� Rights to transfer land/ property

� Right to redemption

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Section 9. Responsibilities of ICCs/IPs to their ancestral domains

� Maintain ecological balance

� Restore denuded areas

� Observe laws


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/

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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.


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

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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.


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,

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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.


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

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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.


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

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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.


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

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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

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� 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


(RA 8749)

� Pollution sources can be classified into:

� Mobile sources

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� Mobile sources

� Stationary sources

� Area sources


(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.

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� 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

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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

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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:

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� 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,


2000 (RA 9003)

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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)


2000 (RA 9003)

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� 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

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- institutions/ offices

- industrial facility/ firms

- farms/ agricultural area

- commercial/ business establishment/ stores


Section 4. National Solid Waste Management Commission

� Composed of 14 members from the government and 3 members from the private sector.

� Government sector:

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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


Section 4. National Solid Waste Management Commission

� Private sector:

1. Representative from NGOs whose principal purpose is

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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


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.

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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.


Section 16. Local Government Solid Waste Management Plans

�The province, city or municipality, through its local solid

waste management boards, shall prepare its respective

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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

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� 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


Section 17. Components of the local government solid waste management plan


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� 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

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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;


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;

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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;


h) Operating plans must include provisions for coordinating with recycling and resource recovery projects; and

i) Designation of a separate containment area for household

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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.

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� 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

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� 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

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� 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

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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;

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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.

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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.


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

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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.


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

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energy, health, education, poverty reduction, land use and

urban planning, and public infrastructure and housing, among

others.

Thank you!

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Thank you!

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