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Environmental Laws (International

Agreement, Treaties, and Protocols)


LEGMANAGERS NOTES
WEEK 1

DEPARTMENT OF ENVIRONMENT AND NATURAL d) Natural Resources Development


RESOURCES (DENR) Corporation (NRDC) - a government owned
and controlled corporation attached to the
The DENR is the national government agency which Department of Environment and Natural
primarily deals with the environment and the prime Resources. It is mandated to promote natural
agency responsible for the conservation, resource development and conservation
management, development and proper use of the through direct involvement in pioneering but
country’s environment and natural resources. potentially viable projects using
new/innovative technologies and
investments in natural resource based
DENR MAJOR FUNCTIONS industries by providing financial, technical
and management assistance;
1. The formulation and implementation of policies,
guidelines, rules and regulations relating to e) Palawan Council for Sustainable
environmental management pollution prevention and Development (PCSD) - serves as the regular
control. professional staff of the Palawan Council for
Sustainable Development (PCSD) and
2. The formulation, implementation and supervision provides the machinery to coordinate the
of the government’s policies, plans and programs policy and functions, implement programs,
pertaining to the management, conservation, and organize services as required by the
development, use and replenishment of the country’s Council in the governance, implementation,
natural resources and ecological diversity;AND and policy direction of the Strategic
Environmental Plan for Palawan. Based on
3. The promulgation and implementation of the rules the mandates, the PCSD is a policy making,
and regulations governing the exploration, monitoring, coordinating, and implementing
development, extraction, disposition, and use of the body; AND
forests, lands, minerals, wildlife and other natural
resources. f) Philippine Mining Development
Corporation (PMDC) - Under the Presidential
Memorandum dated April 9, 2003, the PMDC
AGENCIES ATTACHED TO DENR
is primarily tasked to conduct and carry on
the business of exploring, developing,
a) Laguna Lake Development Authority
mining, smelting, and producing,
(LLDA)- responsible for the preservation,
transporting, storing, distributing,
development, and sustainability of Laguna de
exchanging, selling, disposing, importing,
Bay (Laguna Lake) and its 21 major tributary
exporting, trading and promotion of gold,
rivers;
silver, copper, iron, and all kinds of mineral
deposits and substances.
b) National Mapping and Resource
Information Authority (NAMRIA) - mandated
to provide the public with mapmaking
P.D. 1067 WATER CODE OF THE PHILIPPINES
services and to act as the central mapping (SALIENT FEATURES)
agency, depository, and distribution facility
for natural resources data in the form of SECTION 13. Except as otherwise herein provided,
maps, charts, texts, and statistics; no person, including government instrumentalities or
government-owned or controlled corporations, shall
c) National Water Resources Board (NWRB) - appropriate water without a water right, which shall
the government agency that is responsible be evidenced by a document known as a water
for all the water resources in the Philippines. permit.
It coordinates and regulates all water-related
activities in the country that has impact on
the physical environment and the economy;

LEGMANAGERS NOTES 1
Environmental Law: Week 1

WATERS, as used in this Code, refers to water under Can a person use rainwater without securing a
the grounds, water above the ground, water in the water permit?
atmosphere and the waters of the sea within the
territorial jurisdiction of the Philippines. - (Article 4 YES!! Article 6 of PD 1067
of PD 1067)
Article 6. The following waters found on private lands
belong to the State:
ARTICLE 16 OF PD 1067 (a) Continuous or intermittent waters rising on
such lands;
In determining whether to grant or deny an (b) Lakes and lagoons naturally occuring on
application for water permit, the Council shall such lands;
consider the following: protests filed, if any; prior (c) Rain water falling on such lands;
permits granted; the availability of water; the water (d) Subterranean or ground waters; and,
supply needed for beneficial use; possible adverse (e) Water in swamps and marshes.
effects; land-use economics; and other relevant
factors. The owner of the land where the water is found may
use the same for domestic purposes without securing a
Article 20 Beneficial use of water is the utilization permit, provided that such use shall be registered,
of water in the right amount during the period that when required by the Council. The Council, however,
the water is needed for producing the benefits for may regulate such when there is wastage, or in times
which the water is appropriated. of emergency

Can a person drink water from a nearby river


ARTICLE 10: WATER MAY BE APPROPRIATED FOR without securing a water permit?
THE FOLLOWING PURPOSES
YES!! Article 14 of PD 1067
DOMESTIC purposes is the utilization of water for
drinking, washing, bathing, cooking or other household
Subject to the provisions of this Code concerning the
needs, home gardens, and watering of lawns or
control, protection, conservation, and regulation of
domestic animals.
the appropriation and use of waters, any person may
appropriate or use natural bodies of water without
MUNICIPAL purposes is the utilization of water for
securing a water permit for any of the following:
supplying the water requirements of the community.
(a) Appropriation of water by means of hand
IRRIGATION is the utilization of water for producing
carried receptacles; and
agricultural crops.
(b) Bathing or washing, watering or dipping of
domestic or farm animals, and navigation of
POWER GENERATION is the utilization of water for
watercrafts or transportation of logs and other
producing electrical or mechanical power.
objects by flotation.
FISHERIES is the utilization of water for the
propagation and culture of fish as a commercial ARTICLE 28 WATER PERMIT MAY BE
enterprise. SUSPENDED ON GROUNDS OF:
LIVESTOCK RAISING is the utilization of water for non-compliance with approved plans and
large herds or flocks of animals raised as a commercial specifications or schedules of water
enterprise. distribution;
use of water for a purpose other than that
INDUSTRIAL purposes is the utilization of water in
for which it was granted;
factories, industrial plants and mines, including the
use of water as an ingredient of a finished product. non-payment of water charges;
wastage;
RECREATIONAL purposes is the utilization of water for failure to keep records of water diversion,
swimming pools, bath houses, boating, water skiing, when required;
golf courses and other similar facilities in resorts and violation of any term or condition of any
other places. permit or of rules and regulations
promulgated by the Council

LEGMANAGERS NOTES 2
Environmental Law: Week 1

ARTICLE 29 WATER PERMIT MAYBE REVOKED,


AFTER DUE NOTICE AND HEARING, ON
GROUNDS OF:

non-use;
gross violation of the conditions imposed in
the permit;
unauthorized sale of water;
willful failure or refusal to comply with rules
and regulations or any lawful order;
pollution, public nuisance or acts detrimental
to public health and safety;
when the appropriator is found to be
disqualified under the law to exploit and
develop natural resources of the Philippines;
when, in the case of irrigation, the land is
converted to non-agricultural purposes; and
other similar grounds.

NATIONAL WATER RESOURCES BOARD


(NWRB)

The NWRB is the government agency which manages


and regulates all water resources and services in the
Philippines. It integrates and coordinates all water
related activities that have social, environmental and
economic impacts in the country.

Created under Presidential Decree No. 424,


otherwise known as the “Integrated Reorganization
Plan”.

National Water Resources Council was subsequently


renamed as NWRB pursuant to Executive Order No.
124-A.

LEGMANAGERS NOTES 3

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