Environmental Laws Related to Tourism and Hospitality (PDF)

SESSION 5 - LEGAL ASPECTS IN TOURISM AND HOSPITALITY ENVIRONMENTAL LAWS PERTAINING TO TOURISM AND HOSPITALITY INDUSTRY Section 16, Article II of the 1987 Philippine Constitution – “The State shall protect and advance the right of the people to a balanced and healthful ecology in...

SESSION 5 - LEGAL ASPECTS IN TOURISM AND HOSPITALITY ENVIRONMENTAL LAWS PERTAINING TO TOURISM AND HOSPITALITY INDUSTRY Section 16, Article II of the 1987 Philippine Constitution – “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature”. Article XII of the 1987 Philippine Constitution – National Economy and Patrimony “All lands public domain, waters, minerals, coal, petroleum, and other mineral oils, all sources of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State” As a Filipino citizen, what must we need to do to protect the environment? Philippine Environmental Policy (PD1151) (1977)  Create, develop, maintain, and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other;  Fulfill the social, economic, and other requirements of present and future generations of Filipinos; and  Ensure the attainment of an environmental quality that is conducive to a life of dignity and well- being. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES The Department is mandated to be the primary agency responsible for the conservation, management, development, and proper use of the country’s environment and natural resources. To accomplish this mandate, the Department shall be guided by the following objectives: 1. Assure the availability and sustainability of the country's natural resources through judicious use and systematic restoration or replacement, whenever possible; 2. Increase the productivity of natural resources in order to meet the demands for forest, mineral, and land resources of a growing population;  3. Enhance the contribution of natural resources for achieving national economic and social development; 4. Promote equitable access to natural resources by the different sectors of the population; 5. Conserve specific terrestrial and marine areas representative of the Philippine natural and cultural heritage for present and future generations. PHILIPPINE ENVIRONMENTAL LAWS  Presidential Decree (PD) 1586  Philippine Environmental Impact Statement System 1978  Republic Act (RA) 8749: Clean Air (CAA) of 1999  Republic Act (RA) 9275: Clean Water Act of 2004  Republic Act(RA) 9003: Philippine Ecological Solid Waste Management Act (PESWMA) of 2000  Republic Act (RA) 9512: Environmental Awareness and Education Act of 2008. PD 1586 Are you sure that you’re living with environmentally safe surroundings? In the Philippines, we have Environmental Impact Statement System under Presidential Decree 1586 which was ratified on June 11, 1978. The main objective of this law is to maintain the balance between the environment and the socio-economic development of the country. It aims to protect the environment despite the increasing demand of natural resources and development to attain sustainability. Every proposed environmentally critical project or project located in environmentally critical area shall prepare an Environmental Impact Statement to justify why the project should be implemented. The Environmental impact Statement also contains the predicted impact which is most likely to occur and affect the environment and the surrounding communities as well. Along with it are the proper mitigation or environmental measures to minimize if not prevented the said negative impacts to the environment. However, the EIS or Environmental Impact Statement does not end with that. It covers the monitoring program for different environmental media such as air, water, soil and development program for the existing community. Upon the approval of the EIS, Environmental Compliance Certificate will be issued by the Environmental Management Bureau. On the other hand, the non- environmentally critical project or projects that are not located in environmentally critical areas are required to submit Project Description Report which indicates the environmental measures basic information about the proposed project. Upon its approval, Certificate of Non- Coverage or CNC will be issued by the Environmental Management Bureau. Failure to comply with this law has a corresponding punishment, e.g. suspension or cancellation of certificates or fine not exceeding Php 50,000.00. Compliance with this law is essential in protecting the environment. Through EIS, the likely adverse ecological impact of the project that might occur will properly be mitigated. It is also for the benefit of the people in the community that will be affected if the project will cause negative impact on the environment. The permits like Environmental Compliance Certificate or Certificate of Non-Coverage that will be issued by the DENR-EMB will certify that the project is environmentally safe. Resource Extractive Industries Infrastructure Proclamation No. 2146 (1981) Types of Environmentally Critical Projects  Heavy Industries Examples of Heavy Industries o Non-ferrous metal industries o Iron and steel mills o Petroleum and petro-chemical industries, including oil and gas o Smelting plants (extraction of metal from the ore)  Resource Extractive Industries Examples of Resource Extractive Industries o Major mining and quarry projects o Forestry products o Logging Major wood processing projects o Introduction of fauna (exotic-animals) into public/private forests o Forest occupancy o Extraction of mangrove products o Grazing o Fishery projects o Dikes and fishpond development projects  Infrastructure Examples of Infrastructure Project o Major dams o Major power plants (fossil-fueled, nuclear-fueled, hydro-electric or geothermal) o Major reclamation projects o Major roads and bridges  All Golf Courses (Proclamation No. 803) Environmental critical areas include the following:  All areas declared by law as national parks, watershed reserves and wildlife preserves and sanctuaries;  Areas set aside as aesthetic potential tourist spots;  Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine wildlife (flora and fauna)   Areas of unique historical, archeological or scientific interests;  Areas which are traditionally occupied by cultural communities or tribes;  Areas frequently visited and/or hard-hit by natural calamities (geological hazards, floods, typhoons);  Areas with critical slopes;  Areas classified as prime agricultural lands  Aquifers recharge areas;  Water bodies;  Mangrove areas;  Coral reefs. Environmental Impact Assessment  A process which consists of identifying and predicting the impact of proposed projects and programs on the biophysical environment and on man’s health and well-being and interpreting and communicating information about such impacts in a manner which can be utilized by planners and decision-makers. Importance of Environmental Impact Assessment It measures resource allocation and utilization in terms of costs associated with environmental conservation. Purpose of EIA Process  As a basic principle, EIA is used to enhance planning and guide decision-making.  Adverse environmental impacts of proposed actions are considerably reduced through a reiterative review process of project site selection, design and other alternatives, and the subsequent formulation of environmental management and monitoring plans. Who are covered by PD 1586? This law requires private corporations, firms or entities including agencies and instrumentalities of the government to prepare an environmental impact statement (EIS) for every proposed project and undertaking which significantly affect the quality of the environment. Environmental Impact Statement The EIS is a document that provides a comprehensive study of the significant impacts of a project on the environment. It is prepared and submitted by the project proponent and/or EIA Consultant as an application for an Environmental Compliance Certificate (ECC). Non-Critical Projects Section 5 - Environmentally Non-Critical Projects - All other projects, undertakings and areas not declared by the President as environmentally critical shall be considered as non-critical and shall not be required to submit an environmental impact statement. DENR however may require additional environmental safeguards as it may deem necessary. Factors in determining the scope the EIS System The nature of the project and its potential to cause significant negative environmental impacts, and(ii) the sensitivity or vulnerability of environmental resources in the project area.(In relation to Section 5 of PD 1586) Environmental Compliance Certificate Before your hospitality business can operate in the Philippines, it also needs to acquire an Environmental Compliance Certificate (ECC).  An ECC is necessary for certifying that your business activities will not cause any negative effect on the environment.  An ECC is a document issued by the DENR/EMB after a positive review of an ECC application. ECC certifies that based on the representations of the proponent, the proposed project or undertaking will not cause significant negative environmental impact. In general, the Department of Environment and Natural Resources and the Environmental Management Bureau will issue the certificate within 30 working days.  The ECC also certifies that the proponent has complied with all the requirements of the EIS System or IEE Checklist and has committed to implement its approved Environmental Management Plan. ECC comes with Post Condition Requirements Pollution Control Officer (PCO)  A Pollution Control Officer (PCO) is a person engaged in environmental protections and environmental compliance.  The main goal is to provide and establish companies Objective, Targets and Programs, that will help the company and the organization on the preservation of our natural resources, reduce the generations of the company waste and establish proper mitigation on pollutions controls in the environment aspect and impact on air, land, water, flora and fauna and human being. Pollution  Any alteration of physical, chemical or biological properties of any water, air, and/or land resources of the Philippines OR ANY DISCHARGE OR EMISSION thereto of any liquid, gaseous or solid wastes as will likely create or render such water, air and land resources harmful, detrimental or injurious, to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational or other legitimate purposes  When harmful substances contaminate the environment, it is called pollution. Pollution refers to the very bad condition of environment in terms of quantity and quality. Control  Control is one of the managerial functions like planning, organizing, staffing and Directing. It helps to check the errors and to take the corrective action so that deviations from standards are minimized and stated goals of the organization are achieved in a desired manner.  According to modern concepts, control is a foreseeing action whereas earlier concept of control was used only when errors were detected. Control in management means setting standards, measuring actual performance and taking corrective action. Preventive rather than curative. Pro-active rather than reactive. Republic Act Clean Air Act (CAA) 1999 RA No. 8749  Provides for a comprehensive air quality management policy and program which aims to achieve and maintain healthy air for all Filipinos. Clean Air Act Policy  Protect and advance the right of people to a balanced and healthy ecology in accord with the rhythm and harmony of nature;  Attain and maintain a balance between development and environmental protection;  Maintain a quality of air that protects human health welfare Prohibition against Incinerator  Section 20 of Clean Air Act does not absolutely prohibit incineration as a mode of waste disposal, rather only those burning processes which emit poisonous and toxic fumes are banned. Republic Act 3931  An Act Creating the National Water and Air Pollution Control Commission provided the basis for air quality management when it declared a national policy to maintain reasonable standards for purity for the water and the atmospheric air vis-à-vis their utilization for domestic, agricultural, industrial and other legitimate uses. PD 984 National Pollution Control Decree  AKA Pollution Control Law of 1976 Prohibits the throwing, running, draining or otherwise disposing into any of the water, air and/or land resources any organic or inorganic matter or any substance in gaseous or liquid form that shall cause pollution thereof. Sources of Air Pollution The Clean Air Act covers all potential sources of air pollution: (1) Mobile Sources (eg. Motor vehicles); (2) Point or Stationary Sources (eg. Industrial plants); and (3) Area Sources (eg. Wood or Coal burning) Penalties for Smoke belching  Smoke belching vehicles on the road will undergo emission testing. Violators will be subject to the following fines/penalties: 1st Offense P 1,000.002nd Offense P 3,000.003rd Offense P 5, plus a seminar on pollution management. Prohibitions in CAA  In order to achieve clean air, we need clean fuels. The CAA provides for the o complete phase-out of leaded gasoline; o lowering of the sulfur content of industrial and automotive diesel; o lowering of aromatics and benzene in unleaded gasoline. Water Pollution  Any physical (temperature, oxygen), chemical (mercury), or biological (disease, sewage) change to water that adversely affects its use by human beings. PD 984 National Pollution Control Decree (1976)  Prohibits the throwing, running, draining or otherwise disposing into any of the water, air and/or land resources any organic or inorganic matter or any substance in gaseous or liquid form that shall cause pollution thereof. RA 9275: Philippine Clean Water Act of 2004  The law aims to protect the country’s water bodies from land-based pollution 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 multi-sectoral and participatory approach involving all the stakeholders. PROHIBITED ACTS UNDER SECTION 27 OF RA 9275  Discharging or depositing materials that could pollute any water body  Discharging regulated pollutants without a valid discharge permit  Undertaking activities in violation of P.D. 1586  Transport or discharge of prohibited chemicals under RA 6969  Transport or dumping of solid wastes under R.A. 9003  Transport or dumping of solid wastes into sea waters  Transport or dumping of solid wastes into sea waters  Refusal to allow entry, inspection, and monitoring by the DENR  Refusal to allow access to relevant reports  Refusal or Failure to submit reports whenever required by DENR  Refusal or Failure to designate Pollution Control Officers Discharge Permit  Under the Act, discharges of wastewater shall be controlled. Owners or operators of facilities that discharge wastewater are required to secure a permit to discharge from the EMB or the Laguna Lake Development Authority. Domestic Wastewater  The Department of Public Works and Highways (DPWH), in coordination with local government units (LGUs) will prepare a national program on sewage and septage management. LGUs are to provide the land including road right of the way for the construction operations and maintenance of said facilities. Nuisance  Article 694 of the Civil Code defines nuisance as any act, omission, establishment, business, condition or property or anything else that: o Injuries or endangers the health or safety of others; o Annoys or offends the senses; o Shocks, defies or disregards decency or morality; o Obstructs or interferes with the free passage of any pubic highway or street, or any body of water, or, o Hinders or impairs the use of property. RA 9003: Philippine Ecological Solid Waste Management Act (PESWMA) of 2000  It provides the legal framework for the country’s systematic, comprehensive, and ecological solid waste management program that shall ensure protection of public health and the environment. Key features of the Solid Waste Management Act 1. Creation of the National Solid Waste Management Commission (NSWMC), the Ecology Center (NEC), and the Solid Waste Management Board (NSWMB) in every province, city and municipality in the country. 2. Formulation of 10-year SW plans by local government units; 3. Mandatory segregation of SW to be conducted at the source; 4. Setting of minimum requirements to ensure systematic collection and transport of wastes and the proper protection of garbage collectors’ health; 5. Establishment of reclamation programs and buy-back centers for recyclable and toxic materials; 6. Promotion of eco-labeling and prohibition on non-environmentally acceptable products and packaging; 7. Establishment of Materials Recovery Facility (MRF) in every barangay or cluster of barangays; 8. Prohibition against the use of open dumps and setting of guidelines/criteria for the establishment of controlled dumps and sanitary landfills; 9. Provision of rewards, grants and incentives both monetary and non-monetary to encourage LGUs and the public to undertake effective SW management; 10. Promotion of research on SWM and environmental education in the formal and non-formal sectors. RA 9729: Climate Change Act of 2009  RA 9729 aims to systematically integrate the concept of climate change in the policy formulation and development plans of all government agencies and units, to the end that the government will be prepared for the impact of climate change. RA 9512: Environmental Awareness and Education Act of 2008  It’s an Act to promote environmental awareness through Environmental Education (EE) and covers the integration of EE in the school curricula at all levels, be it public or private, including daycare, preschool, non-formal, technical, vocational, indigenous learning and out-of-school youth courses or programs.  A. For the Synchronous Session, please answer the following for discussion. 1. What is Environmental Impact Statement? 2. According to Proclamation 2146, are hotels, resorts and other tourism-related establishments considered as environmentally critical projects or environmental critical areas? 3. What is Environmental Impact Assessment? What is the importance of EIA in relation to tourism and hospitality industry? 4. Who are covered by PD 1586? 5. What are considered as environmentally non-critical projects? 6. What is Environmental Compliance Certificate? 7. What is stated in the Clean Air Act? 8. What is Philippine Water Act of 2004? 9. What are the ways which hotels and hospitality establishments practice sustainable tourism? TOPIC 2 GLOBAL TOURISM COUNCIL PERFORMANCE INDICATORS FOR TOUR OPERATORS AND HOTELS The Global Sustainable Tourism Council (GSTC) is managing the GSTC Criteria, global standards for sustainable travel and tourism; as well as providing international accreditation for sustainable tourism Certification Bodies. The Global Sustainable Tourism Council (GSTC) establishes and manages global sustainable standards, known as the GSTC Criteria. There are two sets: Destination Criteria for public policy-makers and destination managers, and Industry Criteria for hotels and tour operators. These are the guiding principles and minimum requirements that any tourism business or destination should aspire to reach in order to protect and sustain the world’s natural and cultural resources, while ensuring tourism meets its potential as a tool for conservation and poverty alleviation. We will be discussing Section D of Industry Criteria for Hotels and Tour Operators. Please see attached files. Section D states on how these two industries can maximize the benefits to the environment and minimize negative impacts.  The Global Sustainable Tourism Council (GSTC) Criteria and Suggested Indicators for Tour Operators were created in an effort to come to a common understanding of sustainable tourism, and are the minimum that a Tour Operator (a provider, operator, and/or seller of travel products) business should aspire to reach.   The Global Sustainable Tourism Council (GSTC) Criteria and Suggested Indicators for Hotels were created in an effort to come to a common understanding of sustainable tourism, and are the minimum that a hotel (or any type of built accommodations) business should aspire to reach. Activity: For online discussion After reading Section D, can you cite your Top 5 Performance Indicators and give the best way on how can a Tour Operator and a Hotel maximize positive impacts and reduce negative impacts to the environment? Example: For Hotel – 1. Energy Conservation - Staff and guests are given guidance on minimizing energy use. 2. Transport - Alternative transport options (e.g. bike rental, car sharing, pick-ups) for guests and staff are provided or facilitated.