Revised Forestry Code PD 705

- Achieve an approximate balance between growth and harvest or use of forest

products

Public forest - not been the subject of the present system of classification for the
determination of which lands are needed for forest purposes
Permanent forest or forest reserves - needed for forest purposes
Alienable and disposable lands - declared as not needed for forest purposes
Forest lands - include the public forest, the permanent forest or forest reserves, and
forest reservations
National park - forest land reservation essentially of primitive or wilderness character
which has been withdrawn from settlement or occupancy and set aside as such
exclusively to preserve the scenery, the natural and historic objects and the wild
animals or plants therein, and to provide enjoyment of these features in such a
manner as will leave them unimpaired for future generations
Kaingin - portion of the forest land subjected to shifting and/or permanent slash-and-
burn cultivation
Selective logging - systematic removal of the mature, over-mature and defective
trees in such manner as to leave adequate number and volume of healthy
residual trees
Lease - privilege granted by the State to a person to occupy and possess, in
consideration of a specified rental, any forest land of the public domain in order
to undertake any authorized activity
License - privilege granted by the State to a person to utilize forest resources as in
any forest land, without any right of occupation and possession over the same,
to the exclusion of others, or establish and operate a wood-processing plant, or
conduct any activity involving the utilization of any forest resources
License agreement - privilege granted by the State to a person to utilize forest
resources within any forest land with the right of possession and occupation
Permit - short-term privilege or authority granted by the State to a person to utilize
any limited forest resources or undertake a limited activity with any forest land
without any right of occupation and possession
Ecosystem - ecological community considered together with non-living factors and
its environment as a unit.
Silviculture - establishment, development reproduction and care of forest trees

Classification:
1. Agricultural 5. Mineral
2. Industrial or Commercial 6. Timber or forest
3. Residential 7. Grazing Land
4. Resettlement 8. Others as provided by law
- Not classified needed for forest purpose forest reserves

Timber Inventory
- Subscribed and sworn by forest officers who conducted survey
- Harvestable timber and young trees
 No harvest of standing/felled timber in alienable and disposable lands allowed
unless 100% timber inventory has been conducted
No harvest unless been subject of at least 5% made not earlier than 5 years
prior to issuance of license

Prohibited Acts:
1. Cutting, gathering or collecting timber and other products without license
2. Unlawful occupation or destruction
3. Kaingin
4. Pasturing Livestock
5. Illegal Occupation of National Parks system and recreation areas and vandalism
6. Destruction of wildlife Resources
7. Survey by unauthorized person
8. Misclassification and survey by government official/employee
9. Unlawful possession of implements and devices used by forest officers

National Integrated Protected Areas System Act RA 7586

- Secure perpetual existence of all native plants and animals through the
establishment of a comprehensive system of integrated protected areas within
the classification of national park
- use and enjoyment of these protected areas must be consistent with the
principles of biological diversity and sustainable development
- shall encompass outstandingly remarkable areas and biologically important
public lands that are habitats of rare and endangered species of plants and
animals, biogeographic zones and related ecosystems, whether terrestrial,
wetland or marine, all of which shall be designated as "protected areas"

Categories:
1. Strict nature reserve - an area possessing some outstanding ecosystem,
features and/or species of flora and fauna of national scientific importance
maintained to protect nature and maintain processes in an undisturbed state
2. Natural park - extractive resource uses are not allowed and maintained to protect
outstanding natural and scenic areas of national or international significance for
scientific, educational and recreational use
3. Natural monument - focused on protection of small features to protect or
preserve nationally significant natural features on account of their special interest
or unique characteristics
4. Wildlife sanctuary - area which assures the natural conditions necessary to
protect nationally significant species, groups of species, biotic communities or
physical features of the environment where these may require specific human
manipulations for their perpetuation
5. Protected landscapes and seascapes - areas of national significance which
are characterized by the harmonious interaction of man and land while providing
opportunities for public enjoyment
6. Resource reserve - extensive and relatively isolated and uninhabited area
normally with difficult access designated as such to protect natural resources of
the area for future use and prevent or contain development activities
 7. Natural biotic areas - area set aside to allow the way of life of societies living in
harmony with the environment to adapt to modern technology at their pace
8. Other categories established by law, conventions or international agreements
which the Philippine Government is a signatory

National Integrated Protected Areas System (NIPAS) - classification and

administration of all designated protected areas to maintain essential ecological
processes and life-support systems, to preserve genetic diversity, to ensure
sustainable use of resources found therein, and to maintain their natural conditions
to the greatest extent possible
Protected Area - identified portions of land and water set aside by reason of their
unique physical and biological significance, managed to enhance biological
diversity and protected against destructive human exploitation
Buffer zones - identified areas outside the boundaries of and immediately adjacent
to designated protected areas that need special development control in order to
avoid or minimize harm to the protected area

DENR shall:
1. notify the public thru conduct of public hearings, LGUs invited to submit their
views on proposed action
2. Recommend issuance of Pres. Proclamation until Congress enact a law
declaring such
Disestablishment of a protected area or modification t its boundary shall take
effect pursuant to an act of Congress (revert to public forest)
DENR shall have power to evict indigenous communities from their present
occupancy nor resettle them to another area without their consent but must be
with notice and hearing
Exploitation and utilization of energy resources found within NIPAS shall be
allowed only thru a law passed by Congress

Prohibited Acts:
1. Hunting, destroying, disturbing, or mere possession of any plants or animals or
products derived therefrom without a permit from the Management Board;
2. Dumping of any waste products detrimental to the protected area, or to the plants
and animals or inhabitants therein;
3. Use of any motorized equipment without a permit from the Management Board;
4. Mutilating, defacing or destroying objects of natural beauty, or objects of interest
to cultural communities (of scenic value);
5. Damaging and leaving roads and trails in a damaged condition;
6. Squatting, mineral locating, or otherwise occupying any land;
7. Constructing or maintaining any kind of structure, fence or enclosures, conducting
any business enterprise without a permit;
8. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in
ground or in bodies of water; and
9. Altering, removing destroying or defacing boundary marks or signs.
 Wildlife Resources Conservation and Protection Act RA 9147
- for sustainability
- include all wildlife species in all areas of the country including protected areas
under NIPAS and critical habitats and exotic species which are subject to trade,
are cultured, maintained and/or bred in captivity or propagated in the country

Bioprospecting - research, collection and utilization of biological and genetic

resources for purposes of applying the knowledge derived there from solely for
commercial purposes
Conservation - preservation and sustainable utilization of wildlife, and/or
maintenance, restoration and enhancement of the habitat
Economically important species - have actual or potential value in trade or
utilization for commercial purpose
Endemic species - naturally occurring and found only within specific areas in the
country
Exotic species - do not naturally occur in the country
Habitat - place or environment where species or subspecies naturally occur or has
naturally established its population
Indigenous wildlife - naturally occurring or has naturally established population in
the country
Wildlife - wild forms and varieties of flora and fauna, in all developmental stages,
including those which are in captivity or are being bred or propagated

Threatened species general term:

1. Critically endangered species - facing extremely high risk of extinction in the
wild in the immediate future
2. Endangered species - not critically endangered but whose survival in the wild
is unlikely if the causal factors continue operating
3. Vulnerable species - under threat from adverse factors throughout their range
and is likely to move to the endangered category in the near future

Local transport must be authorized (also export and import)

Intriduction/Reintroduction/Restocking of Endemic and Indigenous Wildlife shall
be allowed only for population enhancement of recovery purposes (with
clearance)
Introduction of Exotic Wildlife/Species is prohibited unless with clearance by
Sec. should not be introduced into protected areas covered by NIPAS and
critical habitats

Prohibited Acts:
1. Killing and destroying wildlife species
2. Inflicting injury which cripples and/or impairs reproductive system
3. Effecting any in critical habitats (dumping, squatting, mineral exploitation,
burning, logging, quarrying)
4. Introduction/Reintroduction/Restocking of Wildlife Resources
5. Trading of Wildlife
6. Collecting, Hunting or Possessing wildlife, by-products and derivatives
 7. Gathering or destroying active nests, nest trees, host plants
8. Maltreating/Inflicting other injuries
9. Transporting

Chainsaw Act of 2002 RA 9175

- an act regulating the ownership, possession, sale, importation and use of chain
saws
- geared towards eliminating illegal logging and other forms of forest destruction
which are being facilitated with the use of chain saws

Chainsaw - any portable power saw or similar cutting implement, rendered operative
by an electric or internal combustion engine or similar means, that may be used
for, but is not limited to, the felling of trees or the cutting of timber

Persons Authorized to Possess and Use a Chain Saw

1. subsisting timber license agreement, production sharing agreement, or similar
agreements, or a private land timber permit
2. orchard and fruit tree farmer
3. industrial tree farmer
4. licensed wood processor and the chain saw shall be used for the cutting of
timber that has been legally sold to said applicant
5. legal purpose (2 years validity, others 5)

Prohibited Acts:
1. Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chain
Saw Without a Proper Permit
2. Unlawful Importation or Manufacturing of Chain Saw
3. Tampering of Engine Serial Number
4. Actual Unlawful Use of Chain Saw

Ecological Solid Waste Management Act of 2000

- systematic, comprehensive and ecological solid waste management program

1. LGUs shall be primarily responsible for the implementation and enforcement of

the provisions within their respective jurisdictions
2. Segregation and collection of solid waste shall be conducted at the barangay
level specifically biodegradable, compostable and reusable wastes, collection
municipality
3. Provincial/Municipal Solid Waste Management Board shall be established and
plans shall be subjected to the approval of the National Solid Waste
Management Commission
4. 10-year solid waste management plans consistent with the national solid waste
management framework - for the re-use, recycling and composting of wastes
generated
 5. Mandatory Segregation of Solid Wastes - shall primarily be conducted at the
source, to include household, institutional, industrial, commercial and
agricultural sources

Prohibited Acts:
1. Littering, throwing, dumping of waste matters in public places, such as roads,
sidewalks, canals, esteros or parks, and establishment, or causing or permitting
the same;
2. Undertaking activities or operating, collecting or transporting equipment in
violation of sanitation operation and other requirements or permits set forth in
established pursuant;
3. The open burning of solid waste;
4. Causing or permitting the collection of non-segregated or unsorted wastes;
5. Squatting in open dumps and landfills;
6. Open dumping, burying of biodegradable or non-biodegradable materials in flood
prone areas;
7. Unauthorized removal of recyclable material intended for collection by authorized
persons;
8. The mixing of source-separated recyclable material with other solid waste in any
vehicle, box, container or receptacle used in solid waste collection or disposal;
9. Establishment or operation of open dumps
10. The manufacture, distribution or use of non-environmentally acceptable packaging
materials;
11. Importation of consumer products packaged in non-environmentally acceptable
materials;
12. Importation of toxic wastes misrepresented as "recyclable" or "with recyclable
content";
13. Transport and dumplog in bulk of collected domestic, industrial, commercial, and
institutional wastes in areas other than centers or facilities prescribe under this
Act;
14. Site preparation, construction, expansion or operation of waste management
facilities without an Environmental Compliance Certificate required pursuant to
Presidential Decree No. 1586 and this Act and not conforming with the land use
plan of the LGU;
15. The construction of any establishment within two hundred (200) meters from open
dumps or controlled dumps, or sanitary landfill; and
16. The construction or operation of landfills or any waste disposal facility on any
aquifer, groundwater reservoir, or watershed area and or any portions thereof.

Phil. Clean Air Act RA 8749

- balanced and healthful ecology in accord with the rhythm and harmony of nature
- polluters must pay
- balancing development and environmental protection

Air pollutant - detrimental to health or the environment

Air pollution - alteration of the physical, chemical and biological properties of the
atmospheric air
Ambient air quality - atmosphere's average purity as distinguished from discharge
measurements taken at the source of pollution

Emission Charge System - industrial dischargers, the DOTC shall encourage the
industries and motor vehicles to abate, reduce, or prevent pollution

Prohibited Acts:
1. Ban on Incineration burning of municipal, biomedical and hazardous waste
which process emits poisonous and toxic fumes, not apply to traditional small-
scale method of community/neighborhood sanitation
2. Smoking inside any enclosed area
3. In order to prevent the disabling of any emission control device by lead
contamination, no person shall introduce leaded gasoline into any motor vehicle
equipped with a gasoline tank filler inlet and labeled unleaded gas only.
4. Manufacture or introduce into commerce leaded gas, engines and components

Water Code PD 1067

- Any person who captures/collects by means of cisterns, tanks, pools shall have
exclusive control

May be appropriated for the ff. purpose:

1. Domestic - utilization of water for drinking, washing, bathing, cooking or other
household needs, home gardens, and watering of lawns or domestic animals
2. Municipal - supplying the water requirements of the community
3. Irrigation - producing agricultural crops
4. Power Generation - producing electrical or mechanical power
5. Fisheries - the propagation and culture of fish as a commercial enterprise
6. Livestock Raising - large herds or flocks of animals raised as a commercial
enterprise
7. Industrial - in factories, industrial plants and mines, including the use of water
as an ingredient of a finished product
8. Recreational - swimming pools, bath houses, boating, water skiing, golf
courses and other similar facilities in resorts and other places of recreation

- Water Right privilege to appropriate and use water

- Develop a hot spring for human consumption must first obtain permit from DOH
- Develop a stream, lake or spring for recreational purpose permit from the
council
- Drill a well with permit

Prohibited Acts:
1. Appropriation of subterranean or ground water for domestic use by an overlying
landowner without registration required by the Council.
2. Non-observance of any standard of beneficial use of water.
3. Failure of the appropriator to keep a record of water withdrawal, when required.
4. Failure to comply with any of the terms or conditions in a water permit or a water
rights grant.
5. Unauthorized use of water for a purpose other than that for which a right or permit
was granted.
6. Construction or repair of any hydraulic work or structure without duly approved
plans and specifications, when required.
7. Failure to install a regulating and measuring device for the control of the volume
of water appropriated, when required.
8. Unauthorized sale, lease, or transfer of water and/or water rights.
9. Failure to provide adequate facilities to prevent or control diseases when required
by the Council in the construction of any work for the storage, diversion,
distribution and utilization of water.
10. Drilling of a well without permission of the Council.
11. Utilization of an existing well or ponding or spreading of water for recharging
subterranean or ground water supplies without permission of the Council.
12. Violation of or non-compliance with any order, rules, or regulations of the Council.
13. Illegal taking or diversion of water in an open canal, aqueduct or reservoir.
14. Malicious destruction of hydraulic works or structure valued at not exceeding
P5,000.00.

Phil. Clean Water Act RA 9275

- Comprehensive water quality management
- streamline processes and procedures in the prevention, control and abatement
of pollution of the country's water resources
- Coverage - water quality management in all water bodies, primarily apply to the
abatement and control of pollution from land based sources

Beneficial use - use of the environment or any element or segment thereof conducive
to public or private welfare, safety and health

Clean-Up Operations - who causes pollution in or pollutes water bodies in excess of

the applicable and prevailing standards shall be responsible to contain, remove and
clean-up any pollution incident at his own expense
- If emergency clean-up operations are necessary and the polluter fails to
immediately undertake the same, Expenses incurred in said operations shall be
reimbursed by the persons found to have caused such

Prohibited Acts:
1. Discharging, depositing or causing to be deposited material of any kind directly
or indirectly into the water bodies or along the margins of any surface water,
where, the same shall be liable to be washed into such surface water, either by
tide action or by storm, floods or otherwise, which could cause water pollution or
impede natural flow in the water body;
2. Discharging, injecting or allowing to seep into the soil or sub-soil any substance
in any form that would pollute groundwater. In the case of geothermal projects,
and subject to the approval of the Department, regulated discharge for short-
term activities (e.g. well testing, flushing, commissioning, venting) and deep re-
injection of geothermal liquids may be allowed: Provided, That safety measures
are adopted to prevent the contamination of the groundwater;
3. Operating facilities that discharge regulated water pollutants without the valid
required permits or after the permit was revoked for any violation of any condition
therein;
4. Disposal of potentially infectious medical waste into sea water by vessels unless
the health or safety of individuals on board the vessel is threatened by a great
and imminent peril;
5. Unauthorized transport or dumping into sea waters of sewage sludge or solid
waste as defined under Republic Act No.9003;
6. Transport, dumping or discharge of prohibited chemicals, substances or
pollutants listed under Republic Act No.6969;
7. Operate facilities that discharge or allow to seep, willfully or through gross
negligence, prohibited chemicals, substances or pollutants listed under R. A. No.
6969 into water bodies or wherein the same shall be liable to be washed into
such surface, ground, coastal, and marine water;
8. Undertaking activities or development and expansion of projects, or operating
wastewater/sewerage facilities in violation of Presidential Decree. No.1586 and
its implementing rules, and regulations;
9. Discharging regulated water pollutants without the valid required discharge
permit pursuant to this Act or after the permit was revoked for any violation of
condition therein;
10. Non-compliance of the LGU with the Water Quality Framework and Management
Area Action Plan. In such a case, sanctions shall be imposed on the local
government officials concerned;
11. Refusal to allow entry, inspection and monitoring by the Department in
accordance with this Act;
12. Refusal to allow access by the Department to relevant reports and records in
accordance with this Act;
13. Refusal or failure to submit reports whenever required by the Department in
accordance with this Act;
14. Refusal or failure to designate pollution control officers whenever required by, the
Department in accordance with this Act; and
15. Directly using booster pumps in the distribution system or tampering with the
water supply in such a way as to alter or impair the water quality.

National Water Resources Council (creation) PD 424

- Vesting powers to coordinate and integrate water resources development
- Regulatory and Executory
- Advisory and Recommendatory
 RA 2056
- prohibit, remove and/or demolish the construction of dams, dikes or any other
works in public navigable waters or waterways and in communal fishing
grounds, to regulate works in such waters or waterways and in communal
fishing grounds
- be ordered to be removed as public nuisance
- DPWH Sec may authorize construction when public interests or safety so
requires, or absolutely necessary for the protection of private property
- After due notice and hearing, existing construction which encroaches into any
public navigable river, stream or coastal waters or in declared communal fishing
grounds, Sec. has authority to order removal
- Exemption: fishpond constructions or work on communal fishing grounds
introduced in good faith before areas were proclaimed fishing grounds
- Ex. To Ex.: dont obstruct or impede free passage of any navigable river or
would not cause inundations of agricultural areas

Phil. Fisheries Code RA 8550

- Organized fishing

Aquaculture - fishery operations involving all forms of raising and culturing fish and
other fishery species in fresh, brackish and marine water areas
Aquatic Resources - includes fish, all other aquatic flora and fauna and other living
resources of the aquatic environment, including, but not limited to, salt and corals
Commercial Fishing - taking of fishery species by passive or active gear for trade,
business & profit beyond subsistence or sports fishing

Introduction of Foreign Aquatic Species - No foreign finfish, mollusk, crustacean

or aquatic plants shall be introduced in Philippine waters without a sound ecological,
biological and environmental justification based on scientific studies subject to the bio-
safety standard

Registration of Fish Hatcheries and Private Fishponds, etc. - All fish hatcheries,
fish breeding facilities and private fishponds must be registered with the LGUs which
shall prescribe minimum standards for such facilities in consultation with the
Department

Prohibited Acts:
1. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities
o No person shall exploit, occupy, produce, breed, culture, capture or gather
fish, fry or fingerlings of any fishery species or fishery products, or engage
in any fishery activity in Philippine waters without a license, lease or
permit.
o Discovery of any person in an area where he has no permit or registration
papers for a fishing vessel shall constitute a prima facie presumption that
the person and/or vessel is engaged in unauthorized fishing: Provided,
 That fishing for daily food sustenance or for leisure which is not for
commercial, occupation or livelihood purposes may be allowed
o any commercial fishing vessel to fish in bays and in such other fishery
management areas which may hereinafter be declared as over-exploited
o not listed in the registry of municipal fisherfolk to engage in any
commercial fishing activity in municipal waters
2. Poaching in Philippine Waters - any foreign person, corporation or entity to fish
or operate any fishing vessel in Philippine waters.
3. Fishing Through Explosives, Noxious or Poisonous Substance, and/or
Electricity may be allowed for research, educational or scientific purposes only
o possess, deal in, sell or in any manner dispose of, any fish or fishery
species which have been illegally caught, taken or gathered
o discovery of dynamite, other explosives and chemical compounds which
contain combustible elements, or noxious or poisonous substances, or
equipment or device for electro-fishing in any fishing vessel or in the
possession of any fisherfolk, operator, fishing boat official or fishworker
shall constitute prima facie evidence, that the same was used for fishing
in violation of this Code
o Mere possession of explosive, noxious or poisonous substances or
electrofishing devices for illegal fishing
4. Use of Fine Mesh Net - mesh smaller than that which may be fixed by the
Department
o prohibition on the use of fine mesh net shall not apply to the gathering of
fry, glass eels, elvers, tabios, and alamang and such species which by
their nature are small but already mature to be identified
5. Use of Active Gear in the Municipal Waters and Bays and Other Fishery
Management Areas
6. Ban on Coral Exploitation and Exportation
7. Ban on Muro-Ami Other Methods and Gear Destructive to Coral Reefs and
Other Marine Habitat
o destroys coral reefs, seagrass beds, and other fishery marine life habitat
o gather, sell or export white sand, silica, pebbles and any other substances
which make up any marine habitat.
8. Illegal Use of Superlights
9. Conversion of Mangroves - into fishponds or for any other purposes
10. Fishing in Overfished Area and During Closed Season
11. Fishing in Fishery Reserves, Refuge and Sanctuaries
12. Fishing Or Taking of Rare, Threatened or Endangered Species
13. Capture of Sabalo and Other Breeders/Spawners mature milkfish (sabalo)
14. Exportation of Breeders, Spawners, Eggs or Fry
15. Importation or Exportation of Fish or Fishery Species maintain local
biodiversity
16. Violation of Catch Ceilings
17. Aquatic Pollution
 Agriculture and Fisheries Modernization Act RA 8435
- transforming agriculture and fisheries sectors from a resource-based to a
technology-based industry
- enhance profits and income in the sectors

ARC - barangay at the minimum or a cluster of contiguous barangays where there is

a critical mass of farmers or farm workers and which features the main thrust of
agrarian development land tenure improvement and effective delivery of support
services

Agricultural Inactivity and Premature Conversion within protected areas for

agricultural development to lie idle and unproductive exceeding 1 year, 7 hectares

Agriculture and Fisheries Modernization Plan shall focus on five (5) major
concerns:
1. Food security;
2. Poverty alleviation and social equity;
3. Income enhancement and profitability, especially for farmers and fisher folk;
4. Global competitiveness; and
5. Sustainability.

Rural Industrialization Industry Dispersal Program

- provide integrated services and information to prospective enterprises under the
1-stop-shop concept
- undertake investment and marketing missions

Training of Workers:
- TESDA shall organize local communities that will advise on the scope, nature
and duration of training for the programs
- DENR shall organize the training of workers in coastal resources management
and sustainable fishing techniques
- Technology and Livelihood Resource Center (TLRC) shall undertake field
training in entrepreneurship and management involved in the basic needs
program

PD 602 - National Oil Pollution Operations Center Decree

- prevent, mitigate or eliminate the increasing damages to marine resources as a
result of pollution
- Center may call upon any department, bureau, office, agency or instrumentality
of the government for such assistance as it may need in the form of personnel,
facilities and other resources.
- Philippine Coast Guard may negotiate directly with local companies which have
oil containment and recovery facilities for the use of such equipment in
combating oil pollution
- Center shall be the point of contact with similar national operations centers of
ASEAN member countries and shall cause, when necessary, the immediate call
 for assistance from such countries to help contain oil pollution. The Center shall,
similarly, respond to call for assistance by ASEAN member countries

UNITED NATIONS CONVENTIONS ON LAW ON THE SEAS

PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT

SECTION 1. GENERAL PROVISIONS

Article 192: General obligation

States have the obligation to protect and preserve the marine environment.

Article 193: Sovereign right of States to exploit their natural resources pursuant
to their environmental policies and in accordance with their duty to protect and
preserve the marine environment.

Article 194: Necessary measures to prevent, reduce and control pollution of the
marine environment

Article 195: Duty not to transfer damage or hazards or transform one type of
pollution into another.

Article 196: Use of technologies or introduction of alien or new species -

prevent, reduce and control pollution of the marine environment resulting from the use
of technologies under their jurisdiction or control, or the intentional or accidental
introduction of species, alien or new, to a particular part of the marine environment,
which may cause significant and harmful changes thereto.

SECTION 2. GLOBAL AND REGIONAL COOPERATION

Article 197: Cooperation on a global or regional basis in formulating and
elaborating international rules, standards and recommended practices and
procedures

Article 198: Notification of imminent or actual damage in the marine environment

Article 199: Contingency plans against pollution - cooperate in eliminating the

effects of pollution and preventing or minimizing the damage.

Article 200: Cooperate and promote Studies, research programmes and

exchange of information and data

Article 201: Cooperate in establishing Scientific criteria for regulations

SECTION 3. TECHNICAL ASSISTANCE

Article 202: Scientific and technical assistance to developing States
States shall, directly or through competent international organizations:
1. for the protection and preservation of the marine environment and the
prevention, reduction and control of marine pollution. Such assistance shall
include, inter alia:
a. Training of their scientific and technical personnel;
b. Facilitating their participation in relevant international programmes;
c. Supplying them with necessary equipment and facilities;
d. Enhancing their capacity to manufacture such equipment;
e. Advice on and developing facilities for research, monitoring, educational
and other programmes;
2. for the minimization of the effects of major incidents which may cause serious
pollution of the marine environment;
3. for preparation of environmental assessments.

Article 203: Preferential treatment for developing States in:

1. allocation of appropriate funds and technical assistance; and
2. utilization of their specialized services.

SECTION 4. MONITORING AND ENVIRONMENTAL ASSESSMENT

Article 204: Monitoring of the risks or effects of pollution

1. observe, measure, evaluate and analyse, by recognized scientific methods, the
risks or effects of pollution of the marine environment.
2. keep under surveillance the effects of any activities which they permit or in which
they engage in order to determine whether these activities are likely to pollute
the marine environment.

Article 205: Publication of reports

Article 206: Assessment of potential effects of activities - cause substantial

pollution of or significant and harmful changes to the marine environment

SECTION 5. INTERNATIONAL RULES AND NATIONAL LEGISLATION TO

PREVENT, REDUCE AND CONTROL POLLUTION OF THE MARINE
ENVIRONMENT

Article 207: Pollution from land-based sources

Article 208: Pollution from seabed activities subject to national jurisdiction
Article 209: Pollution from activities in the Area
Article 210: Pollution by dumping
Article 211: Pollution from vessels
Article 212: Pollution from or through the atmosphere

SECTION 6. ENFORCEMENT
Article 213: Enforcement with respect to pollution from land-based sources
Article 214: Enforcement with respect to pollution from seabed activities
Article 215: Enforcement with respect to pollution from activities in the Area
Article 216: Enforcement with respect to pollution by dumping

Article 217: Enforcement by flag States

1. States shall ensure compliance by vessels flying their flag or of their registry with
applicable international rules and standards, established through the competent
international organization or general diplomatic conference, and with their laws
and regulations adopted in accordance with this Convention for the prevention,
reduction and control of pollution of the marine environment from vessels and
shall accordingly adopt laws and regulations and take other measures necessary
for their implementation. Flag States shall provide for the effective enforcement
of such rules, standards, laws and regulations, irrespective of where a violation
occurs.
2. States shall, in particular, take appropriate measures in order to ensure that
vessels flying their flag or of their registry are prohibited from sailing, until they
can proceed to sea in compliance with the requirements of the international rules
and standards referred to in paragraph 1, including requirements in respect of
design, construction, equipment and manning of vessels.
3. States shall ensure that vessels flying their flag or of their registry carry on board
certificates required by and issued pursuant to international rules and standards
referred to in paragraph 1. States shall ensure that vessels flying their flag are
periodically inspected in order to verify that such certificates are in conformity
with the actual condition of the vessels. These certificates shall be accepted by
other States as evidence of the condition of the vessels and shall be regarded as
having the same force as certificates issued by them, unless there are clear
grounds for believing that the condition of the vessel does not correspond
substantially with the particulars of the certificates.
4. If a vessel commits a violation of rules and standards established through the
competent international organization or general diplomatic conference, the flag
State, without prejudice to articles 218, 220 and 228, shall provide for immediate
investigation and where appropriate institute proceedings in respect of the
alleged violation irrespective of where the violation occurred or where the
pollution caused by such violation has occurred or has been spotted.
5. Flag States conducting an investigation of the violation may request the
assistance of any other State whose cooperation could be useful in clarifying the
circumstances of the case. States shall endeavour to meet appropriate requests
of flag States.
6. States shall, at the written request of any State, investigate any violation alleged
to have been committed by vessels flying their flag. If satisfied that sufficient
evidence is available to enable proceedings to be brought in respect of the
alleged violation, flag States shall without delay institute such proceedings in
accordance with their laws.
7. Flag States shall promptly inform the requesting State and the competent
international organization of the action taken and its outcome. Such information
shall be available to all States.
 8. Penalties provided for by the laws and regulations of States for vessels flying
their flag shall be adequate in severity to discourage violations wherever they
occur.

Article 218: Enforcement by port States

Article 219: Measures relating to seaworthiness of vessels to avoid pollution
Subject to section 7, States which, upon request or on their own initiative, have
ascertained that a vessel within one of their ports or at one of their off-shore terminals
is in violation of applicable international rules and standards relating to seaworthiness
of vessels and thereby threatens damage to the marine environment shall, as far as
practicable, take administrative measures to prevent the vessel from sailing. Such
States may permit the vessel to proceed only to the nearest appropriate repair yard
and, upon removal of the causes of the violation, shall permit the vessel to continue
immediately.

Article 220: Enforcement by coastal States

Article 221: Measures to avoid pollution arising from maritime casualties

Article 222: Enforcement with respect to pollution from or through the

atmosphere
States shall enforce, within the air space under their sovereignty or with regard
to vessels flying their flag or vessels or aircraft of their registry, their laws and
regulations adopted in accordance with article 212, paragraph 1, and with other
provisions of this Convention and shall adopt laws and regulations and take other
measures necessary to implement applicable international rules and standards
established through competent international organizations or diplomatic conference
to prevent, reduce and control pollution of the marine environment from or through
the atmosphere, in conformity with all relevant international rules and standards
concerning the safety of air navigation.

SECTION 7. SAFEGUARDS
Article 223: Measures to facilitate proceedings
In proceedings instituted pursuant to this Part, States shall take measures to
facilitate the hearing of witnesses and the admission of evidence submitted by
authorities of another State, or by the competent international organization, and shall
facilitate the attendance at such proceedings of official representatives of the
competent international organization, the flag State and any State affected by
pollution arising out of any violation. The official representatives attending such
proceedings shall have such rights and duties as may be provided under national laws
and regulations or international law.

Article 224: Exercise of powers of enforcement

The powers of enforcement against foreign vessels under this Part may only be
exercised by officials or by warships, military aircraft, or other ships or aircraft clearly
marked and identifiable as being on government service and authorized to that effect.
Article 225: Duty to avoid adverse consequences in the exercise of the powers
of enforcement
In the exercise under this Convention of their powers of enforcement against
foreign vessels, States shall not endanger the safety of navigation or otherwise create
any hazard to a vessel, or bring it to an unsafe port or anchorage, or expose the
marine environment to an unreasonable risk.

Article 226: Investigation of foreign vessels

1. (a) States shall not delay a foreign vessel longer than is essential for
purposes of the investigations provided for in articles 216, 218 and 220. Any
physical inspection of a foreign vessel shall be limited to an examination of such
certificates, records or other documents as the vessel is required to carry by
generally accepted international rules and standards or of any similar
documents which it is carrying; further physical inspection of the vessel may be
undertaken only after such an examination and only when:
(i) there are clear grounds for believing that the condition of the vessel or its
equipment does not correspond substantially with the particulars of those
documents;
(ii) the contents of such documents are not sufficient to confirm or verify a
suspected violation; or
(iii) the vessel is not carrying valid certificates and records.
(b) If the investigation indicates a violation of applicable laws and regulations
or international rules and standards for the protection and preservation
of the marine environment, release shall be made promptly subject to
reasonable procedures such as bonding or other appropriate financial
security.
(c) Without prejudice to applicable international rules and standards relating
to the seaworthiness of vessels, the release of a vessel may, whenever
it would present an unreasonable threat of damage to the marine
environment, be refused or made conditional upon proceeding to the
nearest appropriate repair yard. Where release has been refused or
made conditional, the flag State of the vessel must be promptly notified,
and may seek release of the vessel in accordance with Part XV.
2. States shall cooperate to develop procedures for the avoidance of unnecessary
physical inspection of vessels at sea.

Article 227: Non-discrimination with respect to foreign vessels

In exercising their rights and performing their duties under this Part, States shall
not discriminate in form or in fact against vessels of any other State.

Article 228: Suspension and restrictions on institution of proceedings

1. Proceedings to impose penalties in respect of any violation of applicable laws
and regulations or international rules and standards relating to the prevention,
reduction and control of pollution from vessels committed by a foreign vessel
beyond the territorial sea of the State instituting proceedings shall be suspended
upon the taking of proceedings to impose penalties in respect of corresponding
charges by the flag State within six months of the date on which proceedings
 were first instituted, unless those proceedings relate to a case of major damage
to the coastal State or the flag State in question has repeatedly disregarded its
obligation to enforce effectively the applicable international rules and standards
in respect of violations committed by its vessels. The flag State shall in due
course make available to the State previously instituting proceedings a full
dossier of the case and the records of the proceedings, whenever the flag State
has requested the suspension of proceedings in accordance with this article.
When proceedings instituted by the flag State have been brought to a
conclusion, the suspended proceedings shall be terminated. Upon payment of
costs incurred in respect of such proceedings, any bond posted or other
financial security provided in connection with the suspended proceedings shall
be released by the coastal State.
2. Proceedings to impose penalties on foreign vessels shall not be instituted after
the expiry of three years from the date on which the violation was committed,
and shall not be taken by any State in the event of proceedings having been
instituted by another State subject to the provisions set out in paragraph 1.
3. The provisions of this article are without prejudice to the right of the flag State
to take any measures, including proceedings to impose penalties, according to
its laws irrespective of prior proceedings by another State.

Article 229: Institution of civil proceedings

Nothing in this Convention affects the institution of civil proceedings in respect
of any claim for loss or damage resulting from pollution of the marine environment.

Article 230: Monetary penalties and the observance of recognized rights of the
accused
1. Monetary penalties only may be imposed with respect to violations of national
laws and regulations or applicable international rules and standards for the
prevention, reduction and control of pollution of the marine environment,
committed by foreign vessels beyond the territorial sea.
2. Monetary penalties only may be imposed with respect to violations of national
laws and regulations or applicable international rules and standards for the
prevention, reduction and control of pollution of the marine environment,
committed by foreign vessels in the territorial sea, except in the case of a wilful
and serious act of pollution in the territorial sea.
3. In the conduct of proceedings in respect of such violations committed by a
foreign vessel which may result in the imposition of penalties, recognized rights
of the accused shall be observed.

Article 231: Notification to the flag State and other States concerned
States shall promptly notify the flag State and any other State concerned of any
measures taken pursuant to section 6 against foreign vessels, and shall submit to the
flag State all official reports concerning such measures. However, with respect to
violations committed in the territorial sea, the foregoing obligations of the coastal State
apply only to such measures as are taken in proceedings. The diplomatic agents or
consular officers and where possible the maritime authority of the flag State, shall be
immediately informed of any such measures taken pursuant to section 6 against
foreign vessels.

Article 232: Liability of States arising from enforcement measures

States shall be liable for damage or loss attributable to them arising from
measures taken pursuant to section 6 when such measures are unlawful or exceed
those reasonably required in the light of available information. States shall provide for
recourse in their courts for actions in respect of such damage or loss.

Article 233: Safeguards with respect to straits used for international navigation
Nothing in sections 5, 6 and 7 affects the legal regime of straits used for
international navigation. However, if a foreign ship other than those referred to in
section 10 has committed a violation of the laws and regulations referred to in article
42, paragraph 1(a) and (b), causing or threatening major damage to the marine
environment of the straits, the States bordering the straits may take appropriate
enforcement measures and if so shall respect mutatis mutandis the provisions of this
section.

SECTION 9. RESPONSIBILITY AND LIABILITY

Article 235: Responsibility and liability

1. States are responsible for the fulfilment of their international obligations
concerning the protection and preservation of the marine environment. They
shall be liable in accordance with international law.

2. States shall ensure that recourse is available in accordance with their legal
systems for prompt and adequate compensation or other relief in respect of
damage caused by pollution of the marine environment by natural or juridical
persons under their jurisdiction.

3. With the objective of assuring prompt and adequate compensation in respect of

all damage caused by pollution of the marine environment, States shall
cooperate in the implementation of existing international law and the further
development of international law relating to responsibility and liability for the
assessment of and compensation for damage and the settlement of related
disputes, as well as, where appropriate, development of criteria and procedures
for payment of adequate compensation, such as compulsory insurance or
compensation funds.

SECTION 10. SOVEREIGN IMMUNITY

Article 236: Sovereign immunity

The provisions of this Convention regarding the protection and preservation of
the marine environment do not apply to any warship, naval auxiliary, other vessels or
aircraft owned or operated by a State and used, for the time being, only on
government non-commercial service. However, each State shall ensure, by the
adoption of appropriate measures not impairing operations or operational capabilities
of such vessels or aircraft owned or operated by it, that such vessels or aircraft act in
a manner consistent, so far as is reasonable and practicable, with this Convention.

SECTION 11. OBLIGATIONS UNDER OTHER CONVENTIONS ON THE

PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT

Article 237: Obligations under other conventions on the protection and

preservation of the marine environment
1. The provisions of this Part are without prejudice to the specific obligations
assumed by States under special conventions and agreements concluded
previously which relate to the protection and preservation of the marine
environment and to agreements which may be concluded in furtherance of the
general principles set forth in this Convention.
2. Specific obligations assumed by States under special conventions, with respect
to the protection and preservation of the marine environment, should be carried
out in a manner consistent with the general principles and objectives of this
Convention.