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PD 1152 (Philippine Environment Code) TITLE IV.-NATURAL RESOURCES MANAGEMENT AND CONSERVATION

Section 25–51 · 27 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Section 25

SEC. 25. Purposes.-The purposes of this Title are: a) to provide the basic policy on the management and conservation of the country's natural resources to obtain the optimum benefits therefrom and to preserve the same for future generations; and b) to provide general measures through which the aforesaid policy may be carried out effectively.

CHAPTER I-FISHERIES AND AQUATIC RESOURCES

Section 26

SEC. 26. Management Policy.-The National government, through the Department of National Resources, shall establish a system of rational exploitation of fisheries and aquatic resources within the Philippine teritory and shall encourage citizen participation therein to maintain and/or enhance the optimum and continous productivity of the same.

Section 27

SEC. 27. Measures for National Exploitation.-Measures for the rational exploitation of fisheries and other aquatic resources may include, but shall not be limited to, the following: a) undertaking manpower and expertise development; b) acquiring the necessary facilities and equipments; c) regulating the marketing of threatened species of fish or other aquatic resources; d) reviewing all existing rules and regulations on the exploitation of fisheries and aquatic resources with the view of formulating guidelines for the systematic and effective enforcement thereof; and e) conserving the vanishing species of fish and aquatic resources such as turtles, sea snakes, crocodiles, corals, as well as maintaining the mangrove areas, marshes and inland waters, coral reef-areas and islands serving as sanctuaries for fish and other aquatic life.

Section 28

SEC. 28. Management Policy.-The national government, through the Department of Natural Resources, shall establish a system of rational exploitation and conservation of wildlife resources and shall encourage citizen participation in the maintenance and/or enhancement of their continous productivity.

Section 29

SEC. 29. Measures for Rational Exploitation.-Measures for rational exploitation of wildlife resources may include, but shall not be limited to, the following: a) regulating the marketing of threatened wildlife resources. b) reviewing all existing rules and regulations on the exploitation of wildlife resources with a view of formulating guidelines for the systematic and effective enforcement thereof; and c) conmserving the threatened species of fauna, increasing their rate of reproduction, maintaining their original habitat, manipulation, determining bag/creel limits, population control in relation to the carrying capacity of any given area banning of indiscriminate and/or destructive means catching or hunting them.

CHAPTER II-FORESTRY AND SOIL CONSERVATION

Section 30

SEC. 30. Management Policy for Forestry.-The national government, through the Department of Natural Resources, shall undertake a system of rational exploitation of forest resources and shall encourage citizen participation therein to keep the country's forest resources at amaximum productivity at all time.

Section 31

SEC. 31. Measures for Rational Exploitation of Forest Resources.-Measures for the rational exploitation of forest resources may include, but shall not be limited to the following: a) regulating the marketing of threatened forest resources; b) reviewing all existing rules and regulations on the exploitation of forest resources with a view of formulating guidelines for the systematic and efficient enforcement thereof c) conserving threatened species of flora as well as increasing their rate of propagations; the banning of destructive modes of exploitation, kaingin making or shifting cultivations, indiscriminate harvesting of minor forest products the recycling methods of waste materials, and d) carrying out a continuing effect on reforestation; timber stand improvement; forest protection; and classifications; forest occupancy management; agri-silviculture; range management; agri-silvicultural/kaingin management; industrial tree plantation; parks and wildlife management; multiple use forest; timber management and forest research.

Section 32

SEC. 32. Use of Fertilizers and Pesticides.-the use of fertilizers and pesticides in agriculture shall be regulated prescribing therefor a tolerance level in their use. Their use shall be monitored by appropriate government agencies to provide empirical data for effective regulation.

Section 33

SEC. 33. Management Policy on Soil Conservation.-The national government, through the Department of Natural Resources and the Department of Agriculture, shall likewise undertake a soil conservation program including therein the identification and protection of critical watershed areas, encouragement of scientific farming techniques, physical and biological means of soil conservation, and short-term and long-term researches and technology for effective soil conservation.

CHAPTER IV-FLOOD CONTROL AND NATURAL CALAMITIES

Section 34

SEC. 34. Measures in Flood Control Program.-In addition to the pertinent provisions of existing laws, the following shall be included in a soil erosion, sediment and flood control program: a) the control of soil erosion on the banks of rivers, the shores of lakes, and the shores; b) the control of flow and flooding in and from rivers and lakes c) the conservation of water which, for purposes of this Section shall mean forms of water, but shall not include captive water; d) the needs of fisheries and wildlife and all other recreational uses of natural water; e) measures to control the damming, diversion, taking, and use of natural water, so far as any such act may affect the quality and availability of natural water for other purposes; and f) measures to stimulate research in matters relating to natural water and soil conservation and the application of knowledge thereby acquired.

Section 35

SEC. 35. Measures to Mitigate Destructive Effects of Calamities.-The national government, through the Philippine Atmospheric, Geophysical and Astronomical Services Administration, shall promote intensified and concerted research efforts on weather modification, typhoon, earthquake, tsunami, storm surge, and other tropical natural phenomena in order to bring about any significant effect to mitigate or prevent their destructive effects.

CHAPTER V-ENERGY DEVELOPMENT

Section 36

SEC. 36. Policy.-Consistent with the environmental protection policies, the national government, through the Energy Development Board, shall undertake an energy development program encouraging therein the utilization of invariant sources such as solar, wind and tidal energy.

Section 37

SEC. 37. Measures for Energy Development.-Measures for energy development program may include, but shall not be limited to, the following: a) setting up to pilot plants utilizing invariant sources of energy; b) training of technical personnel for purposes of energy development; and c) conducting researches aimed at developing technology for energy development.

Section 38

SEC. 38. Safety Measures on Energy Development.-Rules and regulations shall be promulgated to prevent or mitigate the adverse effects of energy development on the environment. For this purpose, all nuclear powered plants exploring and utilizing geothermal energy, whether owned or controlled by private or government entities shall: a) observe internationally accepted standards of safety; and b) provide safety devices to ensure the health and welfare of their personnel as well as the surrounding community.

CHAPTER VI-CONSERVATION AND UTILIZATION OF SURFACE AND GROUND WATERS

Section 39

SEC. 39. Management Policy.-In addition to existing laws, the national government through the National Water Resources Council in coordination with other appropriate government agencies, shall prescribe measures for the conservation and improvement of the quality of Philippine water resources and provide for the prevention, control and abatement of water pollution.

CHAPTER VII-MINERAL RESOURCES

Section 40

SEC. 40. Management Policy.-The national government, through the Department of Natural Resources, shall undertake a system of gainful exploitation and rational and efficient utilization of mineral resources and shall encourage citizen participation in this endeavor.

Section 41

SEC. 41. Measures for Exploitation and Utilization of Mineral Resources.-Measures for the gainful exploitation and rational and efficient utilization of such mineral resources may include, but shall not be limited to, the following: a) increasing research and development in mineral resources technology; b) training of additional technical manpower needed in geology, geophysics, mining engineering, and related fields; c) regulating the exploitation of identified mineral reserves; d) accelerating the exploration of undiscovered mineral deposits; and e) encouraging the establishment of processing plants for refined metals.

Section 42

SEC. 42. Purposes.-The purposes of this Title are: a) to set guidelines for waste management with a view to ensuring its effectiveness; b) to encourage, promote and stimulate technological, educational, economic and social efforts to prevent environmental damage and unnecessary loss of valuable resources of the nation through recovery, recycling and re-use of waste and waste products; and c) to provide measures to guide and encourage appropriate government agencies in establishing sound, efficient, comprehensive and effective waste management.

CHAPTER I-ENFORCEMENT AND GUIDELINES

Section 43

SEC. 43. Waste Management Programs.-Preparation and implementation of waste management programs shall be required of all provinces, cities and municipalities. The Department of Local Government and community Development shall promulgate guidelines for the formulation and establishment of waste management programs. Every waste management program shall include the following: a) an orderly system of operation consistent with the needs of the area concerned; b) a provision that the operation will not create pollution of any kind or will constitute public nuisance; c) a system for a safe and sanitary disposal of waste; d) a provision that existing plans affecting the development, use and protection of air, water or natural resources shall be considered; e) schedules and methods of implementing the development, construction and operation of the plan together with the estimated costs; and f) a provision for the periodic revision of the program to ensure its effective implementation.

Section 44

SEC. 44. Responsibility of Local Governments.-Each province, city or municipality shall provide measures to facilitate the collection, transportation, processing and disposal of waste within its jurisdiction in coordination with other government agencies concerned. For this purpose, the national government shall provide the necessary subsidy, to local governments upon request made through the National Environmental Protection Council and subject to such terms and conditions as the latter may provide.

CHAPTER II-METHODS OF SOLID WASTE DISPOSAL

Section 45

SEC. 45. Solid Waste Disposal.-Solid waste disposal shall be by sanitary landfill, incineration, composting, and other methods as may be approved by competent government authority.

Section 46

SEC. 46. Sanitary Landfills.-Local governments, including private individuals, corporations or organizations may operate one or more sanitary landfills. Any entity proposing to operate a sanitary landfill shall submit to the appropriate government agency an operational work plan showing, among other things, a map of the proposed work location, disposal areas for rubbish, garbage, refuse and other waste matter; and the equipment or machinery needed to accomplish its operations. In no case shall landfill or work locations under this Section be locaterd along any shore or coastline, or along the banks of rivers and streams, lakes, throughout their entire length, in violation of any existing rules and regulations,

Section 47

SEC. 47. Incineration and Composting Plants.-The installation and establishment of incineration or composting plants or the alteration/modification of any part thereof shall be regulated by the local governments concerned in coordination with the National Pollution Control Commission.

Section 48

SEC. 48. Disposal Sites.-The location of solid waste disposal sites shall conform with existing zoning; land use standards, and pollution control regulations.

Section 49

SEC. 49. Dumping into the Sea and other Navigable Waters.-The dumping or disposal of solid wastes into the sea and any body of water in the Philippines, including shorelines and river banks, where these wastes are likely to be washed into the water is prohibited. However, dumping of solid wastes or other materials into the sea or any navigable waters shall be permitted in case of immediate or imminent danger to life and property. Subject to the rules and regulations of the Philippine Coast Guard and the National Pollution Control Commission. Government agencies and private entities which are undertaking solid waste management programs shall make consultations with the government agencies concerned with respect to the effects of such dumping of the marine environment and navigation.

CHAPTER III-METHODS OF LIQUID WASTE DISPOSAL

Section 50

SEC. 50. Liquid waste Disposal.-Wastewater from manufacturing plants, industries, community, or domestic sources shall be treated either physically, biologically or chemically prior to disposal in accordance with the rules and regulations promulgated by proper government authority.

Section 51

SEC. 51. Applicibility of Sec. 8.-The provisions of Sec. 8 hereof shall likewise apply to the dumping or disposal of liquid waste into the sea and other bodies of water.

Back to PD 1152 (Philippine Environment Code) — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

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