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04 - RA 8749 - Philippine Clean Air Act

04 - RA 8749 - Philippine Clean Air Act

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Published by: blitzfritz on Sep 25, 2010
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01/08/2011

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PHILIPPINE CLEAN AIR ACT OF 1999
 
Chapter 1General Provisions Article OneBasic Air Quality PoliciesSECTION 1.
Short Title.
- This Act shall beknown as the
“Philippine Clean Air Act of 1999.” 
SEC. 2.
Declaration of Principles.
- TheState shall protect and advance the rightof the people to a
 
 balanced and healthfulecology in accord with the rhythm anharmony of nature.The State shall promote and protect theglobal environment to attain sustainabledevelopment while
 
recognizing the primaryresponsibility of local government units todeal with environmental problems.The State recognizes that theresponsibility of cleaning the habitat and environment is primarily area-based.The State also recognizes the principlethat
“polluters must pay”.
Finally, the State recognizes that a cleanand healthy environment is for the good of
 
all and should, therefore, be
 
the concernof all.SEC. 3.
Declaration of Policies
. - TheState shall pursue a policy of balancingdevelopment an
 
environmental protection.To achieve this end, the frame work forsustainable development shall be pursued.It
 
shall be the policy of the State to:[a] Formulate a holistic national program of air pollution managementthat shall be implemented bythe
 
government through properdelegation and effectivecoordination of functions anactivities;[b] Encourage cooperation and self-regulation among citizens anindustries through the applicationof
 
 market-based instruments;[c] Focus primarily on pollution prevention rather than on controland provide for acomprehensive
 
 management program forair pollution;[d] Promote public information aneducation and to encourage the participation of an informed an
 
active
 
 public in air quality planningand monitoring; and [e] Formulate and enforce a system of accountability for short anlong-term adverse environmentalimpact of a
 
 project, program oractivity. This shall include thesetting up of a funding or guarantee mechanism for clean-up
 
and environmental rehabilitation ancompensation for personal damages.SEC. 4.
Recognition of Rights.
- Pursuantto the above-declared principles, thefollowing rights of citizens
 
are herebysought to be recognized and the State shallseek to guarantee their enjoyment:[a] The right to breathe clean air;[b] The right to utilize and enjoyall natural resources according tothe principles of sustainabledevelopment;[c] The right to participate in theformulation, planning,implementation and monitoring ofenvironmental policies
 
and programsand in the decision-making process;[d] The right to participate in thedecision-making process concerning

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