Page 3 of 77 PagesGeneral Ord. No. 2009-005Sangguniang PanlalawiganKalibo, AklanSeptember 17, 2009- - - - - - - - - - - - - - - - - - -
4.5 PRECAUTIONARY PRINCIPLEThis Code provides a framework of norms, standards and requirements to applyprecautionary approach to the assessment of risk of environmental harm. Where there arethreats of serious or irreversible damage, lack of full scientific certainty should not be usedas a reason for postponing cost-effective measures to prevent environmental degradation.4.6
THE POLLUTERS PAY PRINCIPLE
The earth’s resources, b
eing finite, and development is inevitable, the polluters payprinciple is adopted to compensate the external cost of pollution affecting the communityand environment. This principle also calls for a compensation for damage done to theenvironment with the polluters bearing an appropriate share of the costs that arise fromtheir activities, products, substances, and services.4.7
USER’S FEE PRINCIPLE
To ensure sustainability of resource base and wise management for themaintenance of ecological balance, this principle calls for the levying of appropriate feesand charges to all users of natural wealth of the Province subject to existing applicablelaws, rules and regulations
provided that all fees collected shall be deposited in a trust fundshared by the LGUs affected in equitable proportion to be utilized for projects to protect theenvironment.4.8 CO-MANAGEMENT, CO-PRODUCTION SHARING AND JOINT VENTUREAGREEMENTThe protection and management of our natural resources must be a sharedresponsibility of the government and the civil society with an end goal beneficial to bothparties. The Provincial Government can enter into a co-management, co-productionsharing and joint venture agreements with the National Government Agencies, NGOs, POsand private sector in the protection and management of our natural resources subject tothe provisions of the existing laws and regulations.4.9 PRINCIPLE OF ADAPTIVE MANAGEMENTThis principle shall recognize and implement a process of environmental up-keeping of the Province to ensure absorptive capacitation against natural changes andanthropogenic causes.
. GOVERNING LAWS/STATUTES AND POLICIES
The effective implementation of the provisions of this code is governed by Article IISection 16 and Article XII Section I of the 1987 Philippine Constitution and the followinglaws, presidential decrees, executive orders, department administrative orders, rules andregulations:1. Republic Act 7160
The Local Government Code of 19912. Implementing Rules and Regulations of RA 71603. Republic Act 6957 as amended by RA 7718.
An Act Providing for Build-Operate-Transfer.4. Republic Act 6969
Known as the Toxic Substances, Hazardous and NuclearWaste Control Act of 19905. Republic Act 7076
People Small Scale Mining Act of 1991