GREEN LAWS – biodiversity, wildlife, protected areas mostly on land

Other laws – won’t be the focus just know it exists

Primary laws – selected laws will be focused on
1. Blue Laws
- 8550 – Fisheries Code
- Clean water Act
- LLDAA and Water Code – gen. info
- Other laws add
o Tubattaha Laws (10067)
2. Brown Laws
- All 4 primary laws
- Other laws
3. Policy-setting
- 1151 and 1152
4. Climate Change
- 9729
a. Disaster Act 10121
b. Energy Act
c. Biofuels Act
5. Rules of Procedure

Recap:

Forestry Code
- Purpose: For the utilization of resources
- What is the general violation?
o Use WITHOUT permit from Forest Management Bureau of Forestry
o Every movement should have a permit! Transport, cutting, etc.
o Always check: May permit ba?
- It’s not that bad even if for utilization of resources. What DENR tries to do is issue
department orders to set tone of utilization
o Community-based forest management
o Instead of relying on big companies, they focus on local communities since
they know the sustainable way
- No statement on protecting environment
Wildlife
- Department can declare critical habitats
- If outside the protected area, the habitat of the species then the department can
set-up the habitat
- Source is CITES
- Can you own wildlife even without permit?
o No, permit should still be given
- What do you need to prove?
o Financial and technical capability
 - Permit is important again!
o Even if just for transport

*Try to link which treaties were used as basis

When you answer about our laws, use common sense.

NIPAS ACT
Sec 2, ¶2
 These areas possess common ecological values that may be incorporated into a holistic
plan representative of our natural heritage
 What do you mean by “holistic”?
 Look at environment as a whole. Cant separate land form water, wildlife,
activities. What you do on land can affect the water resources.
 Protcted areas should have a COMPREHENSIVE plan, representative of our
natural heritage.
 Cooperationamong LGUs

(Sec 3 and 4) Categories of protected areas:

o Strict nature reserve
o Natural park
o Natural monument
o Wildlife sanctuary
o Protected landscape and seascapes o Resource reserve
o Natural biotic areas
o Other categories established by law, conventions or international
agreements which the Philippine Government is a signatory

Sec 8 – Buffer Zone

- To make sure that thre is some form of regulation since there’s no way to put fence
(bakod)
- To minimize impact
- Why is buffer zone an issue?
o Renewable energy in PH they want to expand wind farm in protected area
and they can’t build in protected area since wind turbines are magnets for
birds and bats
- Still trying to negotiate with PAMB
Natural park or monument (Sec 4(h))
- Declared because outstanding natural and scenic areas of national or international
significance for scientific, educational and recreational use
- Underground river

"Protected landscapes/seascapes"
- areas of national significance which are characterized by the harmonious interaction
of man and land while providing opportunities for public enjoyment through
 recreation and tourism within the normal lifestyle and economic activity of these
areas;
- Tañon Strait is a protected seascape since it’s nt just migration pat for sea creature
but also a fishing ground
o You have to protect it to make sure it balanced

Sec 9 – Management Plan

- ¶2: This is your manual how to use protected area
How is this prepared?
- You have to have creative or innovative ways of protecting the area
Who manages or administers?
- PAWD under DENR
- Now Biodiversity Management Bureau
o Regional offices

SECTION 11. Protected Area Management Board.

- Multi-represented
- They have LG
- Not just gov’t represented I the board
o NGOs, Tribal communities, even other agencies

SECTION 13. Ancestral Lands and Rights Over Them.

- Early step towards recognizing indigenous people’s right
- Legislators attempted regulation of IP rights

SECTION 20. Prohibited Acts

- Style of laws can be changed
- One section for penalties reegardles sof violation

TAKE NOTE: System of protected area s( each protected area should be able to relate to other
protected areas; holistic approach)
- When you make one area to be protected, check impact with other protected areas
(synergy of action)
- Aa protected area cant stand on its own and not a standalone

Mining Act 7942

Section 2
- As a state policy:
o Responsibility of the State (as owner)
o Rational extraction
o Effectively safeguards the environment and rights fo communities affected
- Why always declaration of policy? Whatever is here, it’s an addition to state policies
in Consti. You can use this for something totally unrelated.
 o Say rational exploitation, and it’s not in petroleum act, you can invoke this
that this is the Spirit of the Congress.
o See the shift of policy stands of gov’t
- Unlike in Forestry Code, there is protection of the environment

SECTION 5. Mineral Reservations

Mineral Reservation
- Declaration by state that this is an area of significant minerals so we’ll do the mining
here, no more co-partner or JVA

When the law was made it was regarded as world-class mining law
- It does provide for the tenets for responsible mining
- Previous laws in mining (Spanish Mining Act  PH Act)
o The state owns whoever wants to mine has to have permission of the state
o Responsibility doesn’t end there
 Closure, decommissioning

SECTION 18. Areas Open to Mining Operations.

Subject to any existing rights or reservations and prior agreements of all parties, all mineral
resources in public or private lands, including timber or forestlands
xxxx
Any conflict that may arise under this provision shall be heard and resolved by the panel of
arbitrators.
- Since state owns all lands and minerals

SECTION 19. Areas Closed to Mining Applications.

- 6 items
- Military reservation was mentioned since nothing can be done if it’s for defense
- EXCN to 19(b): written consent of gov’t agency
- EXCN to 19(e): unless with prior consent of the small-scale miners, in which case a
royalty payment upon the utilization of minerals shall be agreed upon by the parties,
said royalty forming a trust fund for the socioeconomic development of the
community concerned
EO 79
- Additional areas for no-go
- Take note stopped any new mining provided there is a new mining law
- Certain areas excluded (take note what these are)
- If valid exercise of executive power (since President cant amend)
- It’s okay to suspend mining if within 4-6 years there will be a new law
o As compromise: exploration permits are still allowed

CHAPTER IV Exploration Permit

- Sec 21
- Sec 23
 o In reality exploration can take 10 yrs (relate to EO 79)
- What happens if you find a mineral? What do you prepare?
o Sec 24
o In mining (it’s hard you need money):
 You explore first
 You have to reapply after 2/4 years if you didn’t find any yet
 If you hit something, you need to prepare a MINING PROJECT
FEASIBILITY
 First dibs for you!
Chapter V
SECTION 26. Modes of Mineral Agreement
1. MPSA: Mineral yung capital na binigbigay ng gov’t.
- Company gets it for the gov’t and company
- Company spends for it
- Most common for local companies

2. Co-production
- Gov’t will lend equipment (dump truck like DPWH or gov’t plant as warehouse
without lease)
- If in mineral reservation usually
o As A GOCC
3. JVA
- You create a new entity
- Company will mine
- Gov’t’s profit: dividends
- If in mineral reservation usually

4. FTAA (separate chapter)

Contractor may assign his rights

SECTION 28. Maximum Areas for Mineral Agreement.

- Meridional block
- Compare max area for mineral agreement v FTAA
o FTAA: 1000 block max; 4000
o Mineral agreement: 200 block, 100

SECTION 35. Terms and Conditions.

SECTION 36. Negotiations.
President negotiates FTAA and it can be converted to a type of mining agreement
CHAPTER VIII
Quarry Resources mined also
 - marble, basalt, andesite, conglomerate, tuff, adobe, granite, gabbro, serpentine,
inset filling materials, clay for ceramic tiles and building bricks, pumice, perlite and
other similar materials

SECTION 43. Quarry Permit.

- Who? Anyone
- Where? Provincial or City Regulatory Board  Provincial governor
- Few mining acivties allowed to LGUs
- quarry permit shall have a term of fve (5) years, renewable for like periods but not
to exceed a total term of twenty-five (25) years.

Guano can be mined since used as organic fertilizer. Also gem stones
- Sec 50, 51

Chapter IX
SECTION 53. Ore Transport Permit.

Chapter XI
SECTION 64. Mine Labor.
SECTION 69. Environmental Protection.
SECTION 70. Environmental Impact Assessment (EIA).
- require national government agencies to maintain ecological balance, and prior
consultation with the local government units, non-governmental and people's
organizations and other concerned sectors of the community
During exploration period are you supposed to have EIA already?
- Not yet, Sec 70
SECTION 71. Rehabilitation.
- Decommissioning plan should be prepared and foresee how you will you restore it
back to a forest land

Chapter XIII
SECTION 77. Panel of Arbitrators.
- Who handles?
- What disputes do they settle?
1. Disputes involving rights to mining areas;
2. Disputes involving mineral agreements or permits;
3. Disputes involving surface owners, occupants and claimholders/concessionaires; and
4. Disputes pending before the Bureau and the Department at the date of the effectivity of
this Act.
Is this exclusive jurisdiction?
- Yes. Panel of arbitrators first!

SECTION 78. Appellate Jurisdiction.

- Mines Adjudication Board within DENR
SECTION 79. Mines Adjudication Board.
- This is quite unique. Refer to Sec 79, after here, you can go to SC for certiorari

Chapter XIV
SECTION 80. Government Share in Mineral Production Sharing Agreement.
- Excise taxes in NLRC are mineral resources
- Now: 15% of gross value
- This is another issue in the mining act since they’re sharing at a loss yung gov’t
o Sometimes it’s not even the full value of the mineral that is declared
o We don’t have a processor for separating it from the ore
o Most of the time it’s just the ore value
o No processing plant in PH
Chapter XV
SECTION 83. Income Taxes
SECTION 85. Mine Wastes and Tailings Fees
Chapter XVI
SECTION 90. Incentive
Chapter XVIII
SECTION 100. From Staff Bureau to Line Bureau. — The Mines and Geosciences Bureau is
hereby transformed into a line bureau
- Line bureau v regional bureau

CASE:
La Bugal B’laan
- What’s a service contract?
- Mining Act is constitutional, FTAAs allowed since sufficient control by State
Southeast Case
- Conflict between mining act v small-scale mining act
- Mining act: Big corporations
- Small-scale: Governor, Mayor, congressman for mining if their constituents

FTAA allowed only when – large-scale and highly complex mining activities, Highly technical,
Expensive
- Other than these, gov’t should do JVA, co-partnership
- E.g. No local company who can do it
- Con: No safeguard
o Filipino counterpart will say 5% share lang
- Right now, no FTAA in operation