national laws concerning the environment

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Prepared by: Joel P. Ogoc, Ed. D. Master Teacher II Science Department National Laws Concerning the Environment

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Page 1: National laws concerning the environment

Prepared by:

Joel P. Ogoc, Ed. D.

Master Teacher II

Science Department

National Laws Concerning the Environment

Page 2: National laws concerning the environment

Also known as the “National Integrated Protected Areas Systems (NIPAS) Act of 1992

The law protects the natural environment from the profound effect of human activities likeIncreasing populationResource exploitationIndustrial advancement

Areas considered protected are those with biologically unique features to sustain human

lifeUnique plant and animal life

Republic Act # 7586

Page 3: National laws concerning the environment

Protected area refers to identified portion of land and water set aside by reasons of their unique physical and biological significance managed to enhance biodiversity

The following are considered protected areasNature reservesWildlife sanctuariesNatural parks and monumentsProtected land and seascapes

The lead agency for implementing the law is the DENR

Violators of the law will be penalized from 5000 to 500,000 and imprisonment of 1 year or as determined by court

Page 4: National laws concerning the environment

Also known as “The Indigenous Peoples’ Rights Act of 1997”

The law recognizes, protects and promotes the rights of indigenous cultural communities and indigenous people

The National Commission on Indigenous People (NCIP) will carry out the formulation and implementation of policies for this act

Convicted violators will be punished by imprisonment of not less than 9 months and not more than 12 years or a fine of not less than 10,000 and not more than 500,000 or both as the court dictates

Republic Act #8371

Page 5: National laws concerning the environment

Also known as “The Philippine Fisheries Code of 1998”

The law provides for the development, management and conservation of the fisheries and aquatic resources for food security

A position is created on the Department of Agriculture for an Undersecretary for Fisheries and Aquatic Resources to oversee the implementation of this act

To ensure services, the Bureau of Fisheries and Aquatic Resources will prepare and implement a development plan, issue license and identification for commercial fishing

Republic Act # 8550

Page 6: National laws concerning the environment

Violations of prohibited acts by a commercial fishing boat captain shall be fined 10,000 and imprisonment of 6 months with automatic revocation of license and confiscation of catch and fishing gears

For an unregistered fisherfolk who violates , he will be fined 5000 and confiscation of catch

For foreign fishing vessels poaching in Philippine waters will be fined 100,000 US dollars in addition to the confiscation of catch and fishing equipments/vessel

Possession of explosives, imprisonment from 6 months to 2 years

Actual use of explosive, imprisonment of 5 years to 10 years

Page 7: National laws concerning the environment

Selling of illegally caught fisheries, imprisonment of 6 months to 2 years

Use of fine mesh nets, fine of 2,000 to 20,000 and imprisonment of 6 months to 2 years or both as determined by court

Coral exportation and exploitation, imprisonment for 6 months to 2 years and a fine of 2,000 or 20,000 or both as determined by court

Muro ami method of fishing, 2 to 10 years imprisonment and fine of 100,000 to 500,000 or both as deemed by court

Sell or export of white sand and pebbles, imprisonment of 2 to 10 years and fine of 100,000 to 500,000 or both as decided by court

Page 8: National laws concerning the environment

Also known as “The Clean Air Act of 1999”The law protect and advance the right of

people to a balanced and healthful ecologyIt promote and protect global environment to

attain sustainable developmentIt recognizes the responsibility of cleaning

the habitat and environmentIt recognizes the responsibility to deal with

environmental problemsThe law recognizes the principle that

“polluters must pay”

Republic Act # 8749

Page 9: National laws concerning the environment

The lead agency is the DENR with its Environmental Management Bureau (EMB) together with DOST, DOE and the DOTC

Violation of Standards for Stationary Sources, the Pollution Adjudication Board shall impose a fine of not more than 100,000 for every day of violation

Violation of Standards for Motor Vehicles, non registration of the vehicle at the DOTC

For the driverFirst offense – not more than 2000Second offense – not less than 2000 not

more than 4000Third offense – 1 year suspension and

fine of not less than 4000 but not more than 6000

Page 10: National laws concerning the environment

Also known as the “Ecological Solid Waste Management A ct of 2000”

The law adopts a systematic, comprehensive and ecological solid waste management program which shall ensure protection of public health and environment and utilize environmentally-sound methods of resource conservation and recovery

The lead agency is the DENR through its EMB together with DILG, DOST, DPWH, DOH, DTI and TESDA

Republic Act # 9003

Page 11: National laws concerning the environment

Littering on public places and burning of solid waste,

fine of not less than 300 but not more than 1000 or community service of 1 to 15 days or both

Dumping, squatting and burying on flood prone areas, fine of not less than 1000 but not more than 3000 or imprisonment of not less than 15 days but not more than 6 months or both

Operation of open dumps and use of non-environment ally friendly packaging materials, fine of not less than 500,000 plus not less than 5% but not more than 10% of his earnings for the previous year of operation

An imprisonment of not less than 1 year but not to exceed 3 years at the discretion of the court for second or subsequent violation

Page 12: National laws concerning the environment

Also known as the “National Caves and Cave Resources Management and Protection Act”

The law conserves, protects and manages caves and cave resources as part of the country’s natural wealth

The lead implementing is DENR in coordination with DOT, National Museum, the National Historical Institute and LGUs

Prohibited acts include knowingly destroying, defacing, altering, disturbing, marring or harming of speleogem or speleothem and gathering, selling and possessing cave resources without authority

Republic Act 9072

Page 13: National laws concerning the environment

Violators will be fined 20,000 to 500,000 or imprisonment of 2 to 6 years or both

The person furnishing the capital will be fined 500,000 to 1,000,000 or imprisonment of 6 years and 1 day up to 8 years or both as determined by court

Plus restoration of the area to its original form whenever practicable or compensation for the damages

And if the offender is a government employee, he must be removed from government service

Page 14: National laws concerning the environment

Also known as the “Wildlife Resources Conservation and Protection Act”

The law conserves the country’s wildlife resources and their habitats for sustainability by protecting, conserving and regulating it

The DENR is the lead agency for its implementation together with the DA

For killing and destroying wildlife species, imprisonment of 6 to 12 years and fine of 100,000 to 1,000,000

Republic Act 9147

Page 15: National laws concerning the environment

killing and destroying wildlife species, except in the following instances; when it is done as part of the religious rituals of

established tribal groups or indigenous cultural communities;

when the wildlife is afflicted with an incurable communicable disease;

when it is deemed necessary to put an end to the misery suffered by the wildlife;

when it is done to prevent an imminent danger to the life or limb of a human being; and

when the wildlife is killed or destroyed after it has been used in authorized research or experiments.

inflicting injury which cripples and/or impairs the reproductive system of wildlife species;

Page 16: National laws concerning the environment

effecting any of the following acts in critical habitat(s)

dumping of waste products detrimental to wildlife;

squatting or otherwise occupying any portion of the critical habitat;

mineral exploration and/or extraction; burning; logging; and quarrying

Page 17: National laws concerning the environment

For illegal acts under paragraph (b) of the immediately preceding section, the following penalties and/or fines shall be imposed;

imprisonment of minimum of four (4) years and one (1) day to six (6) years and/or a fine of Fifty thousand pesos (P50,000.00) to Five hundred thousand pesos (P500,000.00), if inflicted or undertaken against species listed as critical;

imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty thousand pesos (P30,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against endangered species;

imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against vulnerable species;

Page 18: National laws concerning the environment

imprisonment of six (6) months and one (1) day to one (1) year and/or fine of Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against other threatened species; and

imprisonment of one (1) month to six (6) months and/or a fine of Five thousand pesos (P5,000.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken against other wildlife species.

For illegal acts under paragraphs (c) and (d) of the immediately preceding section, an imprisonment of one (1) month to eight (8) years and/or a fine of Five thousand pesos (P5,000.00) to Five million pesos (P5,000,000.00) shall be imposed.

Page 19: National laws concerning the environment

introduction, reintroduction or restocking of wildlife resources;

trading of wildlife; collecting, hunting or possessing wildlife,

their by-products and derivatives; gathering or destroying of active nests, nest

trees, host plants and the like; maltreating and/or inflicting other injuries

not covered by the preceding paragraph; and transporting of wildlife.

Page 20: National laws concerning the environment

For illegal acts under paragraphs (c) and (d) of the immediately preceding section, an imprisonment of one (1) month to eight (8) years and/or a fine of Five thousand pesos (P5,000.00) to Five million pesos (P5,000,000.00) shall be imposed.

For illegal acts under paragraph (e), the following penalties and/or fines shall be imposed:

imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Five thousand pesos (P5,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted or undertaken against species listed as critical;

imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Two thousand pesos (P2,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against endangered species;

Page 21: National laws concerning the environment

imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of One thousand pesos (P1,000.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken against vulnerable species;

imprisonment of one (1) month and one (1) day to six (6) months and/or a fine of Five hundred pesos (P500.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against species listed as threatened species; and

imprisonment of ten (10) days to one (1) month and/or a fine of Two hundred pesos (P200.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken against other wildlife species.

Page 22: National laws concerning the environment

For illegal acts under paragraphs (f) and (g) of the immediately preceding section, the following penalties and/or fines shall be imposed:

imprisonment of two (2) years and one (1) day to four (4) years and a fine of Thirty thousand pesos (P30,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted or undertaken against species listed as critical;

imprisonment of one (1) year and one (1) day to two (2) years and a fine of Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against endangered species;

imprisonment of six (6) months and one (1) day to one (1) year and a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken against vulnerable species;

Page 23: National laws concerning the environment

imprisonment of one (1) month and one (1) day to six (6) months and a fine of Five thousand pesos (P5,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against species as other threatened species; and

imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos (P1,000.00) to Five thousand pesos (P5,000.00), if inflicted or undertaken against other wildlife species: Provided, That in case of paragraph (f), where the acts were perpetuated through the means of inappropriate techniques and devices, the maximum penalty herein provided shall be imposed.

Page 24: National laws concerning the environment

For illegal acts under paragraph (h) and (i) of the immediately preceding section, the following penalties and/or fines shall be imposed:

imprisonment of six (6) months and one (1) day to one (1) year and a fine of Fifty thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00) if inflicted or undertaken against species listed as critical species;

imprisonment of three (3) months and one (1) day to six (6) months and a fine of Twenty thousand pesos (P20,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against endangered species;

Page 25: National laws concerning the environment

imprisonment of one (1) month and one (1) day to three (3) months and a fine of Five thousand pesos (P5,000.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken against vulnerable species;

imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos (P1,000.00) to Five thousand pesos (P5,000.00), if inflicted or undertaken against species listed as other threatened species;

(e) imprisonment of five (5) days to ten (10) days and a fine of Two hundred pesos (P200.00) to One thousand pesos (P1,000.00), if inflicted or undertaken against other wildlife species.

Page 26: National laws concerning the environment

That’s all for today