Marine and Aquatic Resources Laws PDF

Manuel S. Enverga University Foundation, Lucena City An Autonomous University College of Arts and Sciences ENVIRONMENTAL ETHICS, POLICIES AND LAWS MARINE AND AQUATIC RESOURCES LAWS A...

Manuel S. Enverga University Foundation, Lucena City An Autonomous University College of Arts and Sciences ENVIRONMENTAL ETHICS, POLICIES AND LAWS MARINE AND AQUATIC RESOURCES LAWS ARBY S. LAGMAN Instructor Department of Natural Sciences and Mathematics, College of Arts and Sciences  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University Access to Environmental Justice: A Sourcebook on Environmental Rights and Legal Remedies Legaspi, Bueta, Baldovino, Mundin, Mendoza, n.d.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University MARINE AND AQUATIC RESOURCES LAW  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University Presidential Decree No. 979 or the Marine Pollution Decree of 1976 was issued in recognition of the vital importance of the marine environment and the need to address the growing marine pollution in the country. The law prevents the further destruction of the marine environment by penalizing certain acts that cause marine pollution, such as dumping and discharging to rivers, brooks, and springs  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University Presidential Decree No. 1067 or the Water Code of the Philippines was promulgated in 1976 in order to consolidate the various water legislations. It establishes the framework for the appropriation, utilization, control, and conservation of water resources in the country in recognition of the increasing scarcity of water supply and resources. The law therefore seeks to provide proper management of the country’s water resources to sufficiently meet future developments and needs.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University Republic Act No. 4850 or the Laguna Lake Development Authority Act was specifically created to establish a government body tasked with the protection and development of the Laguna Lake area. This law enumerates the powers and functions of such governing body in recognition of the need to properly manage the growth and development of the surrounding cities, provinces, and towns in the Laguna Lake area.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University Republic Act No. 8550 or the Philippine Fisheries Code of 1998 was enacted by Congress to protect and conserve the fishing grounds in the country. It aims to achieve food security by limiting access to the fishery and aquatic resources of the Philippines, managing and developing the fishing areas in the country, supporting the fishery sector, and protecting the rights of fisherfolk. It strictly penalizes specific acts to ensure that environmental damage to fishing and aquatic areas are minimized, if not, eliminated.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University Republic Act No. 9275 or the Philippine Clean Water Act of 2004 aims to preserve, and revive the quality of the country’s fresh, brackish, and marine waters by promoting environmental strategies geared towards the protection of water resources. It also formulates an integrated water quality management framework for the utilization and development of the country’s water supply and for the prevention of water pollution.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University Republic Act No. 9483 or the Oil Pollution Compensation Act of 2007 was enacted by Congress to bring to life the provisions of the 1992 International Convention on Civil Liability for Oil Pollution Damage and the 1992 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage. This law recognizes the need to protect the country’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone. It adopts internationally accepted measures which impose strict liability for oil pollution damage and provides for a system of accessing an international fund which was established to compensate those who suffer damage caused by a tanker spill of cargo oil.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University AERIAL LAW  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University Republic Act No. 8749 or the Philippine Clean Air Act of 1999 espouses the constitutional right of the people to a balanced and healthful ecology. In recognition of the dangers of air pollution and the need for a clean habitat and environment, the law provides for an integrated air quality improvement framework designed to implement a management and control program to reduce emissions and prevent air pollution. It also provides for an air quality control action plan that shall be implemented to enforce appropriate devices, methods, systems, and measures to ensure air quality control.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University OTHER LAWS  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University Presidential Decree No.856 or the Code on Sanitation of the Philippines recognizes that the health of the people is of paramount importance; therefore, there is a need to improve public services that are directed towards the protection and promotion of health. The law provides guidelines for sanitary conditions of food establishments, public laundry, schools, public swimming or bathing places, bus stations, and more. The Department of Health (DOH) is tasked to regulate the proper sanitation conditions and monitor the covered premises for violations of sanitary conditions as provided for in this law.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University Republic Act No. 6969 or the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 was enacted by Congress to regulate, restrict, or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and mixtures that present unreasonable risk and or injury to health or theenvironment. It also prohibits the entry of hazardous materials and nuclear wastes into the country.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University Republic Act No. 8371 or the Indigenous Peoples Rights Act of 1997 is also treated as an Environmental Law by virtue of its provisions protecting the ancestral domains and imposing the requirement upon project proponents to secure the Free Prior and Informed Consent of the affected Indigenous Peoples before the utilization of natural resources over their ancestral domains can be made.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University Republic Act No. 9003 or the Ecological Solid Waste Management Act of 2000 recognizes the State’s crucial responsibility to adopt a systematic, comprehensive and ecological solid waste management program. This is to ensure the protection of public health and the environment. The law sets guidelines and targets for solid waste avoidance and volume reduction and aims to ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste.  Manuel S. Enverga University Foundation, Lucena City College of Arts and Sciences An Autonomous University Republic Act No. 9729 or the Philippine Climate Change Act of 2009 is a new development in Environmental Law. It declares as a policy of the State to “systematically integrate the concept of climate change in various phases of policy formulation, development plans, poverty reduction strategies and other developmental tools and techniques by all agencies and instrumentalities of the government.”