Lec 10 Environment LAWS [Compatibility Mode].pdf

Lec 10 Environment LAWS [Compatibility Mode].pdf - National...

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Unformatted text preview: 9/20/2011 National Constitution and By - Laws Philippine Environmental and Conservation Policies Conservation Policies 1992 R.A. 7586 National Integrated Protected Area System (NIPAS)  1995 EO 247 Law on Bioprospecting 1998 R.A 8371 Indigenous Peoples Rights Act (IPRA) 1999 R.A. 8749 Philippine Clean Air Act 2001 R.A. 9147 Wildlife Act RA 9275. Philippine Clean Water Act 2008 RA 9512 National Environmental Awareness and Education Act 2004 Historical Development of Protected Area System Biodiversity protection was first legislated in the Philippines with the passage of : Section 16, Article II of the Philippine Constitution, vests in the State the ultimate responsibility to preserve and protect the environment; the wildlife, flora and fauna, among others, are owned by the State and the disposition, development and utilization thereof are under its full control and supervision. National Integrated Protected Area System (NIPAS) R.A. 7586 -Ratified in 1992 -is the classification and administration of all designated protected areas to: maintain essential ecological processes and life support systems preserve genetic diversity •to ensure sustainable use of resources •to maintain their natural condition to the greatest extent possible •it includes designation of buffer zoneszones-established peripheral zone w/in the protected area that will protect the same from activities that directly or indirectly harm the prot. prot. area. • •to Protected Area Management Board (PAMB)(PAMB)- created to administer the NIPAS ACT of 1992 1916 Protection of Game and Fish ActAct- very limited in scope and severity of penalty 1932 R.A. 39153915- first significant law that governed protected areas and provided the establishment of national parks 1981 Convention on International trade of Endangered Species (CITES)(CITES)- an international agreement focusing on biodiversity protection Integrated Protected Area Fund or IPAFIPAFestablished for the purpose of promoting the sustained financing of NIPAS 1 9/20/2011 Conservation of Priority Protected Areas Program (CPPAP) 1. 2. 3. 4. 5. 6. 7. 8. 9. Batanes Landscape and Seascape Northern Sierra Madre Natural Park Turtle Island Wildlife Sanctuary Mt. Kanlaon National Park Apo Reef National Park Mt. Kitanglad Natural Park Mt. Apo Natural Park Agusan Marsh Wildlife Sanctuary Siargao Island Protected Landscape and Seascape Law on Bioprospecting Executive Order 247 -Prescribing a Regulatory Framework for the Prospecting of Biological and Genetic Resources, their ByBy-Products and Derivatives, for Scientific and Commercial Purposes, and for Other Purposes National Integrated Protected Areas Project (NIPAP) 1. Mt. Pulog National Park 2. Mt. Isarog National Park 3. FBFB-Harison National Park 4. Sibuyan Island 5. Coron Island 6. El Nido Marine Reserve 7. Malampaya Sound 8. Mt. Malindang National Park The purpose of EO 247 is to: regulate regulate the research, collection and use of biological and genetic resources, so that such resources are conserved, used sustainably and benefit the national interest; and -approved by Pres. Fidel Ramos in May 1995 promote promote the development of local capability in science and technology - The process to develop EO 247 was initiated by a group of scientists which had long recognized that the exploitation of Filipino biodiversity had rarely been of benefit for the country Prior Informed Consent (PIC) -all bioprospecting activities are subject to research agreements with the government, containing terms for the provision of information and samples, technology cooperation and benefit--sharing. For the collection benefit of biodiversity in areas where local and indigenous communities live, the prior informed consent (PIC) of such communities is required. EO 247 does not contain any explicit requirement on the use of traditional knowledge related to genetic resources However, the rights of indigenous people over their knowledge systems and practices are explicitly recognised by IPRA IPRA,, and by the Traditional and Alternative Medicine Act (TAMA, 1997) which requires benefits to be shared with communities that provide traditional knowledge. 2 9/20/2011 Protected Area Management Board(PAMB) -reviews and approves all research agreements entered into by any person.entity or corporation. -It allows prospecting of biological and genetic resources within areas of local communities, including ancestral lands and domains of Indigenous Cultural Communities/Indigenous Peoples (IPs) only with the prior informed consent of such communities and in accordance with the customary traditions practices and mores of the concerned communities. SANCTIONS AND PENALTIES -Any act of bioprospecting without the required Research Agreement and/or PIC Certificate is subject to criminal prosecution as may be proper under existing laws, including NIPAS Law of 1992 (R.A. 7586) and the Revised Forestry Code (PD 705), as amended. - Noncompliance with the provisions stipulated in the Research Agreement shall result to the automatic cancellation/revocation of said agreement and confiscation of collected biological and genetic specimens in favor of the government, forfeiture of bond, and imposition of perpetual ban on prospecting of biological and genetic resources in the Philippines Indigenous Peoples Rights Act (IPRA) R.A NO. 8371 NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP) -signed in October 1998 -reinforces EO 247 by requiring PIC for any activity carried out on indigenous people’s lands, and, being a Republic Act, rather than an Executive Order, it is takes precedence in law. -formulates and implements policies, plans and programs to promote and protect the rights of indigenous people with due regard to their beliefs, customs, traditions and institutions. -IPRA also reinforces EO 247’s PIC requirement by recognizing the rights of indigenous people to ancestral domain. - IPs shall have priority rights in the harvesting, extraction, development or exploitation of any natural resources within the ancestral domains. -Ancestral domains or portions thereof, which are necessary for critical watersheds, mangroves, wildlife sanctuaries, wilderness, protected areas, forest 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 main objectives of ancestral domain management are the following:  To implement the Constitutional policy recognizing the rights of IPs to traditional access to natural resources based on the principles of self-determination, justice and equity; To strengthen the security of tenure of the IPs over the land and natural resources within their certified ancestral domain claims; Certificates of Ancestral Domain Claims (CADCs) -Considering the diversity of natural resources and land uses within ancestral domains, the management of these areas shall be undertaken by the CADC holders in accordance with their traditional processes and customary laws . To recognize that the IPs are principally responsible for rehabilitating, protecting and sustainably managing the natural resources within their ancestral domains; and To support the initiatives of the IPs in their socio-economic development.  3 9/20/2011 -Its "Philippine Clean Air Act” Republic Act 8749 AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES key features include the following: identification and characterization of all airsheds in the country and establishment of multi-sectoral AQM Boards for each airshed development of a national air quality management framework, and a fund to be earmarked for air quality management activities imposition of -ratified by former President JOSEPH EJERCITO ESTRADA on 23 June 1999 -The Philippine Atmospheric, Geophysical and Astronomical Service Administration (PAGASA) – shall regularly monitor meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases - Philippine Nuclear Research Institute (PNRI), - regulates all projects which will involve the use of atomic and/or nuclear energy, or possession of nuclearenergy facilities and radioactive materials, handling, transport, production, storage, and use of radioactive materials, The objectives of this act are: to conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological diversity; to regulate the collection and trade of wildlife; to pursue, with due regard to the national interest, the Philippine commitment to international conventions, protection of wildlife and their habitats; and to initiate or support scientific studies on the conservation of biological diversity. air quality management charges improvement in quality of gasoline and diesel and promotion of alternative, cleaner fuels Wildlife Act 2001 R. A. NO. 9147 AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES -also known as the Wildlife Resources Conservation and Protection Act of 2001 Jurisdiction of the Department of Environment and Natural Resources and the Department of Agriculture. DENR--shall have jurisdiction over all DENR terrestrial plant and animal species, all turtles and tortoises and wetland species, including but not limited to crocodiles, waterbirds and all amphibians and dugong. The management authorities for terrestrial and aquatic resources shall be the Protected Areas and Wildlife Bureau (PAWB) of the DENR 4 9/20/2011 Department of Agriculture (DA)- shall have jurisdiction over all declared aquatic critical habitats, all aquatic resources including but not limited to all fishes, aquatic plants, invertebrates and all marine mammals, except dugong. Why is there a need to register wildlife pets? In the Province of Palawan, jurisdiction herein conferred is vested to the Palawan Council for Sustainable Development (PCSD) pursuant to Republic Act No. 7611 The registration of wildlife fauna in the possession of private persons or entities is mandated under Republic Act No. 9147 Article 3, Section 26 of the said Act states that “no person or entity shall be allowed possession of wildlife unless such person or entity can prove financial and technical capability and facility to maintain said wildlife.” -to assess and monitor wildlife ownership and trading in the country. all threatened and exotic species in the possession of private persons and entities should be registered That in the collection of wildlife, appropriate and acceptable wildlife collection techniques with least or no detrimental effects to the existing wildlife populations and their habitats shall, likewise, be required: BioprospectingBioprospecting- are only allowed upon submission of the complete requirements which are necessary to protect biological diversity -If the applicant is a foreign entity or individual, a local institution should be actively involved in the research, collection and, whenever applicable and appropriate in the technological development of the products derived from the biological and genetic resources. Scientific Researches on WildlifeWildlife- Collection and utilization of biological resources for scientific research and not for commercial purposes shall be allowed upon execution of an undertaking/agreement with and issuance of a permit by the Secretary. Exportation and/or Importation of Wildlife species from another country is regulated The introduction, reintroduction or restocking of endemic and indigenous wildlife shall be allowed only for population enhancement of recovery purposes.Any proposed introduction shall be subject to a scientific study which shall focus on the bioecology.  Introduction of Exotic Wildlife - No exotic species shall be introduced into the country, unless a clearance from the Secretary .In no case shall exotic species be introduced into protected areas covered by Republic Act No. 7586 and to critical habitats. In cases where introduction is allowed, it shall be subject to environmental impact study which shall focus on the bioecology, socioeconomic and related aspects of the area where the species will be introduced Commercial breeding operations for wildlife, whenever appropriate, shall be subject to an environmental impact study and needs to secure a wildlife farm culture permit 5 9/20/2011 Protection of Threatened Species Determination of Threatened Species. - The Secretary shall determine whether any wildlife species or subspecies is threatened, and classify the same as critically endangered, endangered, vulnerable or other accepted categories based on the best scientific data Collection of Threatened Wildlife, By-products and Derivatives- shall be allowed only for scientific, or breeding or propagation purposes Conservation Breeding or Propagation of Threatened Species Conservation breeding or propagation of threatened species shall be encouraged in order to enhance its population in its natural habitat. It shall be done simultaneously with the rehabilitation and/or protection of the habitat where the captive-bred or propagated species shall be released, reintroduced or restocked. Philippine Clean Water Act of 2004 Republic Act 9275 Recognizing the need for sustainable access to clean water, President Gloria Macapagal Macapagal--Arroyo signed into law the Philippine Clean Water Act of 2004 on March 22, 2004 (World Water Day) PROHIBITED ACTS National Wildlife Research Centers for terrestrial and aquatic species- established to lead in the conduct of scientific researches on the proper strategies for the conservation and protection of wildlife, including captive breeding or propagation. Wildlife Rescue Center- takes temporary custody and care of all confiscated, abandoned and/or donated wildlife to ensure their welfare and wellbeing. -the establishment, operation and maintenance of botanical gardens, zoological parks and other similar establishments for recreation, education and conservation was regulated. This act aims to protect the country’s water bodies from pollution from all sources (industries and commercial establishments, agriculture and community/household activities). It provides for a comprehensive and integrated strategy to prevent and minimize pollution through a multisectoral and participatory approach involving all the stakeholders National Environmental Awareness and Education Act of 2008 RA 9512 1.Discharging or depositing any water pollutant to the water body, or such which will impede natural flow in the water body; 2.Discharging, injecting or allowing to enter into the soil, anything that would pollute groundwater; 3.Operating facilities that discharge regulated water pollutants without the valid required permits; 4.Disposal of potentially infectious medical waste into sea by vessels; 5.Unauthorized transport or dumping into waters of sewage sludge or solid waste; 6.Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Toxic Chemicals, Hazardous and Nuclear Waste Control Act (R.A. No 6969); December 12, 2008, Republic Act No. 9512 or “AN ACT TO PROMOTE ENVIRONMENTAL AWARENESS THROUGH ENVIRONMENTAL EDUCATION AND FOR OTHER PURPOSES” was enacted by the Senate and House of Representatives of the Philippines in Congress assembled. 6 9/20/2011 Act that that stipulates Environmental Education and Activities as Part of National Service Training Program. The Commision on Higher Education (CHED), Department of Education (DepED), Technical Education and Skills Development Authority (TESDA), the Department of Science and Technology (DOST), Department of Environment and Natural Resources (DENR), Department of Social Welfare and Development (DSWD) and other agencies are enjoined to include environmental education, awareness programs and activities in the National Service Training Program under Republic Act No. 9163 Thank You For Listening!!! 7 ...
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