Cdi9 Cybercrime and Evironmental Laws

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Introduction to Cybercrime and Environmental Law

Protection
(Saint Ferdinand College)
Downloaded by LEONARD MAMERGA (marcus_leo23@yahoo.com)

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An Introduction to Cyber-Crimes and Environmental Laws and Protection

The major objectives in the study of Cyber-crimes and Environmental Laws and
Protection in relation to the new curriculum for the Bachelor of Science of Criminology
as stipulated in CHED Memo #05 are enumerated:
✓To become familiar with various definitions and typologies of cybercrime and
environmental laws and protection
 To understand the contribution of hackers, victims and IT managers to
cybercrime
 To apply criminological theories in the study of cybercrime and environmental

laws
 To become familiar with technical tools allowing the collection of data in cyber
space
 To explain the role of both the private sector and law enforcement agencies in
investigating, prosecuting and preventing cyber crime
 To apply environmental aspects in analytical, conceptual and implementation

stage of dealing with a specific problem
 Conceptual solutions of regional development issues
 To apply the research process on cybercrime, environmental laws and protection

Cybercrime research has grown in visibility and importance during the last two
decades. Nevertheless, despite the growing public interest in cybercrime and its
consequences for businesses and individuals, only limited attention has been given in
the criminological discipline to investigation and understanding of this new type of crime.
The purpose of this subject is to introduce students with the technical, social and
legal aspects of cybercrime as well as expose students to theories and tools that enable
scientific exploration of this phenomenon. In the first weeks of the semester we will
learn about the computer and the Internet, and discuss several definitions and
typologies of cybercrime, then discuss the hacker, the victim and the IT manager. We
will conclude this section by reviewing important steps taken by scholars while
conducting scientific research. We will review various theories of crime causation, and
assess the relevance of these theories in the context of cyber space. We will then
describe several technical tools that allow the collection of data from the Internet. We
will conclude with a discussion on the legal issues affected and created by online crime.
Likewise on the second part of this book which is the study of Environmental
Laws and Protection. It will provide students with an understanding of the major
environmental statutes and the common and constitutional law that are relevant to

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environmental protection in the Philippines. Law will be examined from the point of view
of its effectiveness in developing healthy and sustainable human societies that also
honor the inherent value of nature and of people as part of nature.
Students will examine how we can use law to develop a cleaner, safer and more
stable economy, to protect our health, and the natural resources our descendants will
need.
With its provisions for general and particular care of the environment,
environmental law will continue to stress the absolute need for a regulatory framework
within which its existential, social and aesthetic functions can be fulfilled.
The five development trends of environmental law that have been identified since
the 1980s are now grouped together in three focuses of development:
1. Integrated environmental strategies for the internal and external
integration of environmental care by means of the further ecological development
and harmonization of environmental law,
2. Indirect environmental strategies for the indirect guidance of
environmental care conduct by means of corresponding economic and other
incentives and instruments and
3. International environmental strategies to link national, multinational and
international environmental law by means of the promotion or adoption of
multinational and international developments.
In order to be able to master these development focuses appropriately,
environmental law needs a fundamental reform that builds upon the solid basis of the
intervening measures of direct conduct guidance and the planning measures that have
been somewhat underestimated in recent decades. At a national level the
Environmental Code offers an appropriate legislative type of action and changes at the
same time. It forms the constitution of environmental order.
This environmental order is designed not only to realize the State’s constitutional
objective of care of the environment. Linked to an economic order which guarantees the
autonomy of the individual and competition, and a strongly structured social order, an
environment order also helps the social market economy to gear itself to the needs of
the environment in such a way that it can do ecological, economic and social justice to
the model of sustainable development.

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Introduction
Computer crime refers to criminal activity involving a computer. The

computer may be used in the commission of a crime or it may be the target. Net-crime
refers to criminal use of the Internet. Cyber-crimes are essentially a combination of
these two elements and can be best defined as “Offenses that are committed against

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individuals or groups of individuals with a criminal motive to intentionally harm the

reputation of the victim or cause physical or mental harm to the victim directly or
indirectly using modern telecommunication networks such as the Internet (Chat rooms,
emails, notice boards and groups) and mobile phones (SMS/MMS)”.
In its most simple form, cyber-crime can be defined as any illegal activity that
uses a computer as its primary means of function. The U.S. Department of Justice
broadens this definition to include any illegal activity that uses a computer for the
storage of evidence. The term ‘cyber-crime’ can refer to offenses including criminal
activity against data, infringement of content and copyright, fraud, unauthorized access,
child pornography and cyber-stalking.
The United Nations Manual on the Prevention and Control of Computer Related
Crime includes fraud, forgery and unauthorized access in its definition of cyber-crime.
Cyber-crime in effect covers a wide range of attacks on individuals and organizations
alike. These crimes may include anything from an individual’s emotional or financial
state to a nation’s security.
There are two main categories that define the make-up of cyber-crimes:
1. Those that target computer networks or devices such as viruses, malware,
ordenial of service attacks.
2. Those that relate to crimes that are facilitated by computer networks
ordevices like cyber-stalking, fraud, identity-theft, extortion, phishing (spam) and
theft of classified information.
Cyber-crimes have expanded to include activities that cross international borders
and can now be considered a global epidemic. The international legal system ensures
cyber criminals are held accountable through the International Criminal Court.L
enforcement agencies are faced with unique challenges and the anonymity of the
Internet only complicates the issues. There are problems with gathering evidence,
cross-jurisdictional issues and miscommunication related to reporting.
It is widely Known that victims of Internet crimes are often reluctant to report an
offense to authorities. In some cases the individual or organization may not even be
aware a crime has been committed. Even though facilities for reporting incidents of
cyber-crime have improved in recent years many victims remain reluctant due
essentially to embarrassment.
International cooperation is essential if an effective response is to be found
against global cyber-crime. No nation can expect to effectively combat the issue alone.
Many computer based crimes are initiated ‘off-shore’ and this presents enormous
challenges to any nations law enforcement agencies. It is critical that agencies from
around the world formulate actionable plans to detect, follow, arrest and prosecute
cyber criminals.
The problem of cyber-crime seems almost immeasurable in size. Looking at
recent trends and advances in mobile technology and cloud computing we realize it is

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an ever-evolving and rapidly changing dynamic. There is growing evidence globally of

newly formed partnerships between government and industry aimed at prevention.
These partnerships create opportunities to share information and bolster law
enforcement response to organized Internet-based crime.
This sharing of information creates concerns in its self. It is an extremely complex
and sensitive issue. A balance must be found in efficiently maximizing distribution of
information and protecting it from the organized cyber-criminal element.
Cyber-crime covers such a broad scope of criminal enterprise. The examples
mentioned above are only a few of the thousands of variants of illegal activities
commonly classed as cyber-crimes. Computers and the Internet have improved our
lives in many ways, unfortunately criminals now make use of these technologies to the
detriment of society.
In our daily life, economic activities, and national security highly depend on
stability, safely, and resilient cyberspace. A network brings communications and
transports, power to our homes, run our economy, and provide government with various
services.
However it is through the same cyber networks which intrude and attack our
privacy, economy, social life in a way which is harmful. Some scholars have
interestingly argued that, “in the Internet nobody knows you are a dog”.
Environmental Law: The Perspective
With its provisions for general and particular care of the environment,
environmental law will continue to stress the absolute need for a regulatory framework
within which its existential, social and aesthetic functions can be fulfilled. The five
development trends of environmental law that have been identified since the 1980s are
now grouped together in three focuses of development:
• Integrated environmental strategies for the internal and external integration of
environmental care by means of the further ecological development and
harmonization of environmental law,
• Indirect environmental strategies for the indirect guidance of environmental care
conduct by means of corresponding economic and other incentives and
instruments and
• International environmental strategies to link national, supranational and
international environmental law by means of the promotion or adoption of
supranational and international developments.
In order to be able to master these development focuses appropriately,
environmental law needs a fundamental reform that builds upon the solid basis of the
intervening measures of direct conduct guidance and the planning measures that have
been somewhat underestimated in recent decades. At a national level the
Environmental Code offers an appropriate legislative type of action for this reform of
environmental reform and, at the same time, forms the constitution of environmental

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order. This environmental order is designed not only to realize the State’s constitutional
objective of care of the environment. Linked to an economic order which guarantees the
autonomy of the individual and competition, and a strongly structured social order, an
environment order also helps the social market economy to gear itself to the needs of
the environment in such a way that it can do ecological, economic and social justice to
the model of sustainable development.
It is high time and necessary to protect environment and save whole mankind. It
is important to protect the environment because man-made disruptions to ecosystems
can cause extinction, because pollution creates dangers for both animals and people,
and because mankind owes the natural world a moral obligation
Environmental protection is an important concept of sustainable development. As
the main player of sustainable development, enterprises should pursue the ecological,
economic and social sustainable development and take social responsibility for the
harmonious development of the society and environment. Under the consideration of
environmental protection and sustainable development, enterprises should behave
environmental friendly to obtain the legitimacy from constituencies. Based on the theme
of environmental protection, this book introduces and discusses the literatures related to
sustainable development and legitimacy of enterprises.
Climate change. It’s worse than we imagined it would be. The effects of climate
change can have a disastrous impact on our planet Earth. High temperatures, loss of
wildlife species, increase in sea level, changes in rainfall patterns, heat waves, stronger
storms, wildfires and shrinking of arctic ice are few of the dangerous effects of climate
change.
Are we still going to ignore this problem as if it isn’t real? I implore you not to.
Here are five little things you can do to help save our planet as students. 5 Ways
Students Can Help Save the Environment
1. Use Reusable Bags. Plastic grocery-
Plastic grocery-type bags that get thrown out end up in lakes and landfills or in other
parts of the environment. These can clog sewage pipes and drainage canals and
ultimately pollute the water bodies into which sewage water is pumped into. Also, it
takes a while for the bags to decompose. Whether you are shopping for food,
clothes or books, use a reusable bag.
2. Recycle. Recycling is such a simple thing to do, but so many people don’t do
it. Look for recycling cans near trashcans. Instead of throwing recyclables in
the trash with your non-recyclables, make it a point to take an extra step to
locate recycling cans around your campus. Always separate biodegradable
and nonbiodegradable wastes.
3. Save Electricity!

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Use energy-efficient light bulbs instead of regular bulbs. They last longer, which
will save you a bit of money too. Make sure you turn off lights, the TV, and other
appliances when you are not using them. Lower your air conditioning or when it
is not necessary. I know this is hard to do with the excruciating heat this summer,
but it is necessary.
4. Save Water
Water is wasted more frequently than we can see. Turn off the faucet as you are
brushing your teeth. Don’t turn your shower on until you're ready to get in and
wash your hair. Limit your water usage as you wash dishes. Changing old habits
will be extremely good for the environment.
5. Walk or cycle.
Driving is one of the biggest causes of pollution. If you want to use your car, ask
yourself the following question: do i really need my car? Walk or use your bicycle
if the journey is a short one.
It’s high time each and every one of us took action. It’s our planet, and it’s our
responsibility to take care of it. We’ve damaged it enough. Climate change is
reversible, we just need enough motivated people doing the right thing.
What is Cybercrime?
Cybercrime is an activity done using computers and internet. We can say that it
is an unlawful act wherein the computer either as a tool or target or both.
Cybercrime is any crime that takes place online or primarily online. That can run
the gamut from the aforementioned identity theft and other security breaches to things
like “revenge porn,” cyber-stalking, harassment, bullying and even child sexual
exploitation. Terrorists are collaborating more on the Internet, moving that most
terrifying of crimes into cyberspace.
HISTORY OF CYBER CRIME

The first recorded cybercrime took place in 1820. That is not surprising
considering the fact that the abacus, which is thought to be the earliest from of a
computer, has been around since 3500 B.C. In India, Japan and China, the era of
modern computer, however, began with the analytical engine of Charles Babbage. The
first spam email took place in 1976 when it was sent out over the ARPANT. The first
virus was installed on an Apple computer in 1982 when a high school student, Rich
Skrenta, developed the EIK Cloner.
Cybercrime first started with hackers trying to break into computer networks.
Some did it just for the thrill of accessing high-level security networks, but others sought
to gain sensitive, classified material. Eventually, criminals started to infect computer

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systems with computer viruses, which led to breakdowns on personal and business
computers.
Banks and other financial institutions were amongst the first large scale computer
users in the private sector, for automate payroll and accounting functions. Therefore,
fraud in a computer scheme emerged. One of the first cases cited as an instance of the
computer fraud involved equity-funding Corporation in the US, fraud was simple.
The frauds succeed because the auditors and regulators accepted computer
printouts as definitive evidence of policies and did not ask original documentation. When
the fraud was discovered, some 64,000 out of 97,000 policies allegedly issued by the
company proved to be false, almost 1 billion pounds estimated to be the loss.
Therefore as the technological advance, the number of cybercrime cases
increased. There is no reliable and precise statistics of the losses the victims gain as
the fact that victims do not detect many of these crimes. Therefore, fights against
computer crime began.
Several individuals were engaged in the fight against computer crime from the
early development. The founder and father of the knowledge of computer crimes are by
many observers considered to be Donn B. Parker, USA. He was involved in the
research of computer crime and security from the early 1970.
He served as a Senior Computer Security Consultant at the SRI International
(Stanford Research Institute),and was the main author of the first basic federal manual
for law enforcement in the USA: “Computer Crime-Criminal Justice Resource Manual”
(1979). This manual became soon an encyclopedia also for law enforcement outside
US.
What is Cybercrime?
Cybercrime consists of illegal activity conducted on a computer. Traditional
crimes may be committed while using a computer, but cybercrime consists of more
specific types of crimes, such as phishing schemes and viruses.
Cybercrime, or computer oriented crime, is crime that involves a computer
and a network. The computer may have been used in the commission of a crime, or it
may be the target.
Cybercrimes can be defined as: “Offenses that are committed against
individuals or groups of individuals with a criminal motive to intentionally harm the
reputation of the victim or cause physical or mental harm, or loss, to the victim directly
or indirectly, using modern telecommunication networks such as Internet (networks
including but not limited to Chat rooms, emails, notice boards and groups) and mobile
phones (Bluetooth/SMS/ MMS)”.
Cybercrime may threaten a person or a nation’s security and financial health.
Issues surrounding these types of crimes have become high-profile, particularly those
surrounding hacking, copyright infringement, unwarranted mass-surveillance, sextortion,
child pornography, and child grooming.

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There are also problems of privacy when confidential information is intercepted

or disclosed, lawfully or otherwise.
Concept of Cyber Crime (Gotternbarn)
In arguing against Gotternbarn, it is true that, we may not categorize other crimes
in accordance to tools, equipment, mechanism or means through which they were
committed. However, due to the nature and features of Cyber Crimes which
differentiate, the traditional universe and the cyber universe, led the traditional universe
tremble like an earthquake, makes crimes difficult to control than they were before, this
initiates the concept of these crimes being necessary categorized as Cyber Crimes.
Therefore, let Cyber Crimes be Cyber Crimes. Forester and Morrison argued
that, crime is a criminal act in which a computer is used as a principal tool. In that
matter, the theft of computer hardware device, would not qualify as computer crime.
Is it true by using a computer as the principal tool to commit a crime will amount
to the computer or cybercrime? For instance in taxable transactions, in the case of data
entry, can’t a person commit fraud by just filling the wrong data into hardcopy version of
tax forms which are the same available in electronic forms?
Roy Girasa (2002) argued that, cybercrime is a generic term covering the
multiplicity of crimes found in penal codes or in legislation having the use of computers
as a center component. To him Ubiquity, global reach, universal standards, information
richness, interactivity, information density, personalization/ customization, and social
technology. As a result of these features, it achieves unprecedented reach, and makes
available vast amounts of information, of varying degrees of quality. Internet users
cannot be regarded as a homogenous group.
Cybercrime is a crime as long as the penal codes and any other legislation
clearly stipulate it as involving not only the use of computers but the use of computers
as the center component.
At the Tenth United Nations Congress on the Prevention of Crime and Treatment
of Offenders, in a workshop devoted to the issues of crimes related to computer
networks, cyber crime was broken into two categories and defined thus:
1. Cybercrime in a narrow sense (computer crime): Any illegal behavior
directedby means of electronic operations that targets the security of
computer systems and the data processed by them.
2. Cybercrime in a broader sense (computer-related crime): Any illegal
behaviorcommitted by means of, or in relation to, a computer system or
network, including such crimes as illegal possession and offering or
distributing information by means of a computer system or network.
Even though this definition is not completely definitive, however it gives us a
good starting point, for determining just what cybercrime means, by incorporating
computer crime and computer related crime.

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Computer crime has two elements:

1. Computer
2. Crime
Therefore, it involves a crime in a relationship with a computer. The relationship
could involve the direct usage of a computer by the criminal as one of the first famous
computer criminals did.
However the relationship can be also be indirect, the criminal can not only use a
computer to commit his crime but can also use someone to make changes in a
computer system, by manipulating a key computer user. Thus one being the exploitation
of weaknesses in the technical IT infrastructure, the other being exploitation of trust in
social fabric of IT users within the organization Cybersecurity and Cybercrime
“Cybersecurity is the collection of tools, policies, security concepts, security
safeguards, guidelines, risk management approaches, actions, training, best practices,
assurance and technologies that can be used to protect the cyber environment and
organization and user’s assets. Organization and user’s assets include connected
computing devices, personnel, infrastructure, applications, services, telecommunication
systems, and the totality of transmitted and/or stored information in the cyber
environment. Cybersecurity strives to ensure the attainment and maintenance of the
security properties of the organization and user’s assets against relevant security risks
in the cyber environment.
Cyber Security involves protection of sensitive personal and business information
through prevention, detection and response to different online attacks. Cyber security
actually preventing the attacks,
ADVANTAGES OF CYBER SECURITY
The cyber security will defend us from critical attacks.
1. It helps us to browse the site, website.
2. Internet Security process all the incoming and outgoing data on your computer.
3. It will defend us from hacks and virus.
4. Application of cyber security used in our PC needs update every week
SAFETY TIPS TO CYBER CRIME
1. Use antivirus Software
2. Insert Firewalls
3. Uninstall unnecessary software
4. Maintain backup
5. Check security settings

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Cybercrime and cybersecurity are issues that can hardly be separated in an

interconnected environment. The fact that the 2010 UN General Assembly resolution on
cybersecurity addresses cybercrime as one major challenge underlines this.
Cybersecurity plays an important role in the ongoing development of information
technology, as well as Internet services. Enhancing cybersecurity and protecting critical
information infrastructures are essential to each nation’s security and economic
wellbeing. Making the Internet safer (and protecting Internet users) has become integral
to the development of new services as well as government policy.
Deterring cybercrime is an integral component of a national cybersecurity and
critical information infrastructure protection strategy. In particular, this includes the
adoption of appropriate legislation against the misuse of ICTs for criminal or other
purposes and activities intended to affect the integrity of national critical infrastructures.
At the national level, this is a shared responsibility requiring coordinated action related
to prevention, preparation, response and recovery from incidents on the part of
government authorities, the private sector and citizens. At the regional and international
level, this entails cooperation and coordination with relevant partners. The formulation
and implementation of a national framework and strategy for cybersecurity thus requires
a comprehensive approach.
Cybersecurity strategies – for example, the development of technical protection
systems or the education of users to prevent them from becoming victims of cybercrime
can help to reduce the risk of cybercrime. The development and support of
cybersecurity strategies are a vital element in the fight against cybercrime.
The legal, technical and institutional challenges posed by the issue of
cybersecurity are global and far reaching, and can only be addressed through a
coherent strategy taking into account the role of different stakeholders and existing
initiatives, within a framework of international cooperation. In this regard, the World
Summit on the Information Society (WSIS) recognized the real and significant risks
posed by inadequate cybersecurity and the proliferation of cybercrime. The provisions
of §§ 108-110 of the WS/S Tunis Agenda for the Information Society including the
Annex, set out a plan for multi-takeholder Understanding cybercrime: Phenomena,
challenges and legal response implementation at the international level of the WSIS
Geneva Plan of Action, describing the multi-stakeholder implementation process
according to eleven action lines and allocating responsibilities for facilitating
implementation of the different action lines. At WSIS, world leaders and governments
designated ITU to facilitate the implementation of WSIS Action Line C5, dedicated to
building confidence and security in the use of ICTs. In this regard, the ITU
SecretaryGeneral launched the Global
Cybersecurity Agenda (GCA) on 17 May 2007, alongside partners from
governments, industry, regional and international organizations, academic and research
institutions. The GCA is a global framework for dialogue and international cooperation to
coordinate the international response to the growing challenges to cybersecurity and to
enhance confidence and security in the information society. It builds on existing work,

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initiatives and partnerships with the objective of proposing global strategies to address
today's challenges related to building confidence and security in the use of ICTs. Within
ITU, the GCA complements existing ITU work programs by facilitating the
implementation of the three ITU Sectors' cybersecurity activities, within a framework of
international cooperation.
The Global Cybersecurity Agenda has seven main strategic goals, built on five
work areas:
1) Legal measures;
2) Technical and procedural measures;
3) Organizational structures;
4) Capacity building; and
5) International cooperation.
The fight against cybercrime needs a comprehensive approach. Given that
technical measures alone cannot prevent any crime, it is critical that law-enforcement
agencies are allowed to investigate and prosecute cybercrime effectively. Among the
GCA work areas, “Legal measures" focuses on how to address the legislative
challenges posed by criminal activities committed over ICT networks in an
internationally compatible manner. “Technical and procedural measures" focuses on
key measures to promote adoption of enhanced approaches to improve security and
risk management in cyberspace, including accreditation schemes, protocols and
standards. “Organizational structures" focuses on the prevention, detection, response to
and crisis management of cyberattacks, including the protection of critical information
infrastructure systems. “Capacity building" focuses on elaborating strategies for
capacity-building mechanisms to raise awareness, transfer know-how and boost
cybersecurity on the national policy agenda. Finally, “International cooperation” focuses
on international cooperation, dialogue and coordination in dealing with cyber threats.
Typology of Cyber Crime
In a traditional means, a term crime covers a broad range of offenses. It is from
this broad range, the typology or classification of cybercrime became difficult.
A good example of an international instrument which tried to categorize types of
cybercrime is the Council of Europe the History of Global Harmonization on Cyber
Crime Legislation-The Road to Geneva, December 2008.
The Convention on Cyber Crime distinguishes between four different types of
offenses
1. Offenses against the confidentiality, integrity and availability of computer
dataand systems, such as illegal access, illegal interception, data interference, system
interference, and misuse of devoice;

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2. Computer-related offenses, such as computer-related forgery and

computerrelated Fraud
3. Content-related offenses, such as offenses related to child pornography;
And
4. Copyright-related offenses, such as offenses related to copyright
infringementsand related rights.
The term “cybercrime” is used to cover a wide variety of criminal conduct. As
recognized crimes include a broad range of different offenses, it is difficult to develop a
typology or classification system for cybercrime.
One approach can be found in the Convention on Cybercrime, which
distinguishes between four different types of offenses:
1. offenses against the confidentiality, integrity and availability of
computer dataand systems;
2. computer-related offenses;
3. content-related offenses;
4. copyright-related offenses.
This typology is not wholly consistent, as it is not based on a sole criterion to
differentiate between categories. Three categories focus on the object of legal
protection: “offenses against the confidentiality, integrity and availability of computer
data and systems”; content-related offences; and copyright related offenses. The fourth
category of “computer-related offences” 109 does not focus on the object of legal
protection, but on the method used to commit the crime. This inconsistency leads to
some overlap between categories.
In addition, some terms that are used to describe criminal acts (such as
“cyberterrorism” or “phishing”) cover acts that fall within several categories.
Nonetheless, the four categories can serve as a useful basis for discussing the
phenomena of cybercrime.

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Types of Cybercrime Description
1. Financial Crimes Credit Card Frauds; Money Laundering

2. Cyber Pornography Pornographic Websites; Online distribution
3. Online Gambling Millions of website, all hosted on servers abroad, offer online
gambling.
4. IP Crimes Software Piracy; Copyright Infringement; Trademarks Violation; Theft of
Computer Source Code.
5. Email Spoofing A spoofed email is one that appears to
originate from one source but actually has
been sent from another source.
6. Cyber Defamation This occurs when defamation takes place with the help of
computers and/or the Internet. E.g. someone publishes defamatory matter about
another on a website.
7. Cyber Stalking This involves following a person’s movements across the Internet
by posting messages(sometimes threatening) on bulletin boards frequented by the
victim, entering chat-rooms frequented by the victim, constantly bombarding the
victim with emails etc.
8. Unauthorized Access Also known as Hacking. Involves gaining access illegally to
a computer system or network and in some cases making unauthorized use of this
access. Hacking is also the act by which other forms of cyber-crime (e.g.,fraud,
terrorism) are committed.
9. Theft Theft of any information contained in electronic form such as that stored in
computer hard disks, removal storage media, etc. Can extend to identity theft.
10.Email Bombing This refers to sending a large number of emails to the victim
resulting in the victim's email account (in
case of an individual) or mail servers (in
case of a company or an email service
provider) crashing.
11.Salami Attacks These attacks are often used in committing
financial crime and are based on the idea
that an alteration, so insignificant, would go
completely
unnoticed in a single case. E.g. a bank
employee inserts a program, into the
bank’s servers, that deducts a small
amount of money (say 5 cents a month)
from the account of every customer. This
unauthorized debt is likely to go
unnoticed by an account holder.
12.Denial of Service (DNS) Attack This involves flooding a computer resource
with more requests than it can handle,
causing the resource (e.g. a web server) to

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crash thereby denying authorized users the

service offered by the resource. Another
variation to a typical denial of service attack
is known as a Distributed Denial of Service
(DDoS) attack wherein the perpetrators are
many and are geographically widespread. It
is very difficult to control such attacks and is
often used in acts of civil disobedience.
13. Virus/ Worm Viruses are programs that attach themselves to a computer or a file
and then circulate themselves to other files and to other computers on a network.
They usually affect the data on a computer, either by altering or deleting it. Worms,
unlike viruses do not need the host to attach themselves to. They merely make
functional copies of themselves and do this repeatedly till they eat up all the
available space on a computer’s memory.
14. Logic Bombs These are event dependent programs where programs kick into
action only when a certain event (known as a trigger event) occurs. Some viruses
may be termed logic bombs because they lie dormant throughout the year and
become active only on a particular date (e.g. Chernobyl virus).
15. Trojan Attacks An unauthorized program which functions from inside what seems
to be an authorized program, thereby concealing what it is actually doing.
16. Web Jacking This occurs when someone forcefully
takes control of a website (by cracking the
password and later changing it).
17.Cyber-Terrorism Hacking designed to cause terror. Like conventional
terrorism, ‘e-terrorism’ is utilizes hacking to cause violence against persons or property,
or at least cause enough harm to generate fear.
Classification of Computer Crimes

Computer crime encompasses a broad range of activities.
1. Financial fraud crimes – Financial fraud can be broadly defined as an
intentional act of deception involving financial transactions for purpose of personal gain.
Fraud is a crime, and is also a civil law violation.
2. Internet fraud – means trying to trick or scam someone else using the Internet.
This usually means that the person who is being tricked loses money to the people
scamming them. Internet fraud can take place on computer programs such as chat
rooms, e-mail, message boards, or Web sites.
3. Computer fraud – is any dishonest misrepresentation of fact intended to let
another to do or refrain from doing something which causes loss. In this context, the
fraud will result in obtaining a benefit by:

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a. Altering in an unauthorized way. This requires little technical expertise and

is acommon form of theft by employees altering the data before entry or entering
false data, or by entering unauthorized instructions or using unauthorized
processes;
b. Altering, destroying, suppressing, or stealing output, usually to
concealunauthorized transactions. This is difficult to detect; c. Altering or deleting
stored data;
4. Other forms of fraud may be facilitated using computer systems, including
 Bank fraud- is the use of potentially illegal means to obtain money, assets, or
other property owned or held by a financial institution, or to obtain money from
depositors by fraudulently posing as a bank or other financial institution. For this
reason, bank fraud is sometimes considered a white-collar crime.
 Carding – is a form of credit card fraud in which a stolen credit card is used to
charge pre-paid cards. Carding typically involves the holder of the stolen card
purchasing store-branded gift cards, which can then be sold to others or used to
purchase other goods that can be sold for cash
 Identity theft – also known as identity fraud, is a crime in which an imposter

obtains key pieces of personally identifiable information, such as Social Security
or driver’s license numbers, in order to impersonate someone else.

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 Extortion– (also called shakedown, outwrestling and exaction) is a criminal

offense of obtaining money, property, or services from an individual or institution,
through coercion
 Theft of classified information o Classified information is sensitive information to

which access is restricted by law or regulation to particular classes of people. A
formal security clearance is required to handle classified documents or access
classified data. The operation of assigning the level of sensitivity to data is called
data classification.
A variety of internet scams, many based on phishing and social engineering,
target consumers and businesses.
Cyberterrorism
. A cyberterrorist is someone who intimidates or coerces a government or
an organization to advance his or her political or social objectives by launching a
computer-based attack against computers, networks, or the information stored
on them.
Cyberterrorism in general can be defined as an act of terrorism committed
through the use of cyberspace or computer resources (Parker 1983). As such, a simple
propaganda piece in the Internet that there will be bomb attacks during the holidays can
be considered cyberterrorism. There are also hacking activities directed towards
individuals, families, organized by groups within networks, tending to cause fear among
people, demonstrate power, collecting information relevant for ruining peoples’ lives,
robberies, blackmailing etc.
Cyber-extortion
Cyber-extortion occurs when a website, e-mail server, or computer system is
subjected to or threatened with repeated denial of service or other attacks by malicious
hackers. These hackers demand money in return for promising to stop the attacks and
to offer “protection”. According to the Federal Bureau of Investigation, cyber-crime
extortionists are increasingly attacking corporate websites and networks, crippling their
ability to operate and demanding payments to restore their service. More than 20 cases
are reported each month to the FBI and many go unreported in order to keep the
victim’s name out of the public domain. Perpetrators typically use a distributed denial-
ofservice attack.
An example of cyberextortion was the attack on Sony Pictures of 2014.
Cyberwarfare
Sailors analyze, detect and defensively respond to unauthorized activity within
U.S. Navy information systems and computer networks
The U.S.
Department of Defense
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(DoD) notes that the cyberspace has emerged as a national-level concern through
several recent events of geo-strategic significance. Among those are included, the
attack on Estonia’s infrastructure in 2007, allegedly by Russian hackers. “In August
2008, Russia again allegedly conducted cyberattacks, this time in a coordinated and
synchronized kinetic and non-kinetic campaign against the country of Georgia. The
December 2015 Ukraine power grid cyberattack has also been attributed to Russia and
is considered the first successful cyberattack on a power grid. Fearing that such attacks
may become the norm in future warfare among nation-states, the concept of
cyberspace operations impacts and will be adapted by war fighting military commanders
in the future.
Computer as a target
These crimes are committed by a selected group of criminals. Unlike crimes
using the computer as a tool, these crimes require the technical knowledge of the
perpetrators. As such, as technology evolves, so too does the nature of the crime.
These crimes are relatively new, having been in existence for only as long as computers
have which explains how unprepared society and the world in general is towards
combating these crimes. There are numerous crimes of this nature committed daily on
the internet:
Crimes that primarily target computer networks or devices include:
1. Computer viruses
2. Denial-of-service attacks
3. Malware (malicious code) Computer as a tool
Internet fraud, Spamming, Phishing, and Carding (fraud)
When the individual is the main target of cybercrime, the computer can be
considered as the tool rather than the target.
These crimes generally involve less technical expertise. Human weaknesses are
generally exploited. The damage dealt is largely psychological and intangible, making
legal action against the variants more difficult. These are the crimes which have existed
for centuries in the offline world. Scams, theft, and the likes have existed even before
the development in high-tech equipment. The same criminal has simply been given a
tool which increases his potential pool of victims and makes him all the harder to trace
and apprehend.
What does Spamming mean?
Spamming is the use of electronic messaging systems like e-mails and other
digital delivery systems and broadcast media to send unwanted bulk messages
indiscriminately. The term spamming is also applied to other media like in internet
forums, instant messaging, and mobile text messaging, social networking spam, junk
fax transmissions, television advertising and sharing network spam.

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Crimes that use computer networks or devices to advance other ends

include:
 Fraud and identity theft (although this increasingly uses malware, hacking or
phishing, making it an example of both «computer as target» and «computer as
tool» crime)
 Information warfare
 Phishing scams
 Spam
 Propagation of illegal obscene or offensive content, including harassment and
threats
Phishing is mostly propagated via email. Phishing emails may contain links to
other websites that are affected by malware. Or, they may contain links to fake online
banking or other websites used to steal private account information.
Phishing is the fraudulent attempt to obtain sensitive information such as
usernames, passwords and credit card details by disguising oneself as a trustworthy
entity in an electronic communication. Typically carried out by email spoofing or instant
messaging, it often directs users to enter personal information at a fake website which
matches the look and feel of the legitimate site. Phishing is an example of social
engineering techniques being used to deceive users. Users are often lured by
communications purporting to be from trusted parties such as social web sites, auction
sites, banks, online payment processors or IT administrators.
Obscene or offensive content
The content of websites and other electronic communications may be distasteful,
obscene or offensive for a variety of reasons. In some instances these communications
may be legal.
The extent to which these communications are unlawful varies greatly between
countries, and even within nations. It is a sensitive area in which the courts can become
involved in arbitrating between groups with strong beliefs.
One area of Internet pornography that has been the target of the strongest efforts
at curtailment is child pornography, which is illegal in most jurisdictions in the world.
Online harassment
Various aspects needed to be considered when understanding harassment
online.
Whereas content may be offensive in a non-specific way, harassment directs
obscenities and derogatory comments at specific individuals focusing for example on
gender, race, religion, nationality, sexual orientation. This often occurs in chat rooms,
through newsgroups, and by sending hate e-mail to interested parties. Harassment on
the internet also includes revenge porn.
There are instances
where committing a
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crime using a computer can lead to an enhanced sentence. For example, in the case of
United States v. Neil Scott, Kramer was served an enhanced sentence according to the
U.S. Sentencing Guidelines §2G1.3(b) (3) for his use of a cell phone to “persuade,
induce, entice, coerce, or facilitate the travel of, the minor to engage in prohibited sexual
conduct.” Kramer argued that this claim was insufficient because his charge included
persuading through a computer device and his cellular phone technically is not a
computer. Although Kramer tried to argue this point, U.S. Sentencing Guidelines
Manual states that the term computer “means an electronic, magnetic, optical,
electrochemically, or other high speed data processing device performing logical,
arithmetic, or storage functions, and includes any data storage facility or
communications facility directly related to or operating in conjunction with such device.”
Harassment as defined in the U.S. computer statutes is typically distinct from
cyberbullying, in that the former usually relates to a person’s “use a computer or
computer network to communicate obscene, vulgar, profane, lewd, lascivious, or
indecent language, or make any suggestion or proposal of an obscene nature, or
threaten any illegal or immoral act,” while the latter need not involve anything of a
sexual nature.
Drug trafficking
Darknet markets are used to buy and sell recreational drugs online. Some drug
traffickers use encrypted messaging tools to communicate with drug mules. The dark
web site Silk Road was a major online marketplace for drugs before it was shut down by
law enforcement (then reopened under new management, and then shut down by law
enforcement again). After Silk Road 2.0 went down, Silk Road 3 Reloaded emerged.
However, it was just an older marketplace named Diabolus Market, that used the name
for more exposure from the brand’s previous success.
CATEGORIES OF CYBER CRIME
We can categorize cybercrime in two ways.
1. The computer as a target :-using a computer to attacks other computer,
e.g.Hacking, virus/worms attacks, Dos attack etc.
2. The computer as a weapon :- using a computer to commit real world crime

e.g.cyber terrorism, credit card fraud and pornography etc.
Documented cases
One of the highest profiled banking computer crime occurred during a course of
three years beginning in 1970.The chief teller at the Park Avenue branch of New York’s
Union Dime Savings Bank embezzled over $1.5 million from hundreds of accounts. A
hacking group called MOD (Masters of Deception),allegedly stole passwords and
technical data from Pacific Bell, Nynex, and other telephone companies as well as
several big credit agencies and two major universities. The damage caused was
extensive, one company, Southwestern Bell suffered losses of $370,000 alone.

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In 1983, a nineteen-year-old UCLA student used his PC to break into a Defense

Department International Communications system.
• Between 1995 and 1998 the Newscorp satellite pay to view encrypted SKY-TV
service was hacked several times during an ongoing technological arms race
between a pan-European hacking group and Newscorp. The original motivation
of the hackers was to watch Star Trek re-runs in Germany; which was something
which Newscorp did not have the copyright to allow.
• On 26 March 1999, the Melissa worm infected a document on a victim’s

computer, then automatically sent that document and a copy of the virus spread
via e-mail to other people.
• In February 2000, an individual going by the alias of Mafiaboy began a series
denial-of-service attacks against high-profile websites, including Yahoo, Dell Inc.,
E*TRADE, eBay, and CNN. About fifty computers at Stanford University, and
also computers at the University of California at Santa Barbara, were amongst
the zombie computers sending pings in DDoS attacks. On 3 August
2000,Canadian federal prosecutors charged Mafiaboy with 54 counts of illegal
access to computers, plus a total of ten counts of mischief to data for his attacks.
• The Russian Business Network (RBN) was registered as an internet site in 2006.
Initially, much of its activity was legitimate. But apparently the founders soon
discovered that it was more profitable to host illegitimate activities and started
hiring its services to criminals. The RBN has been described by VeriSign as
《the baddest of the bad》. It offers web hosting services and internet access to
all kinds of criminal and objectionable activities, with an individual activities
earning up to $150 million in one year. It specialized in and in some cases
monopolized personal identity theft for resale. It is the originator of Mack and an
alleged operator of the now defunct Storm botnet.
• On 2 March 2010, Spanish investigators arrested some personalities in infection

of over 13 million computers around the world. The “botnet” of infected
computers included PCs inside more than half of the Fortune 1000 companies
and more than 40 major banks, according to investigators.
• In August 2010 the international investigation Operation Delego, operating under

the aegis of the Department of Homeland Security, shut down the international
pedophile ring Dreamboard. The website had approximately 600 members, and
may have distributed up to 123 terabytes of child pornography (roughly
equivalent to 16,000 DVDs).To date this is the single largest U.S. prosecution of
an international child pornography ring; 52 arrests were made worldwide. In
January 2012 Zappos.com experienced a security breach after as many as 24
million customers credit card numbers, personal information, billing and shipping
addresses had been compromised. In June 2012 Linkedln and eHarmony were
attacked,

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compromising 65 million password hashes. 30,000 passwords were cracked and

1.5 million EHarmony passwords were posted online. December 2012 Wells
Fargo website experienced a denial of service attack. Potentially compromising
70 million customers and 8.5 million active viewers. Other banks thought to be
compromised: Bank of America, J. P. Morgan U.S Bank, and PNC Financial
Services.
• April 23, 2013 saw the Associated Press’ Twitter accounts hacked – the hacker
posted a hoax tweet about fictitious attacks in the White House that they claimed
left President Obama injured.31] This hoax tweet resulted in a brief plunge .of
130 points from the Dow Jones Industrial Average, removal of $136 billion from
S&P 500 index, and the temporary suspension of AP’s Twitter account. The Dow
Jones later restored its session gains.
Investigation
A computer can be a source of evidence (see digital forensics). Even when a
computer is not directly used for criminal purposes, it may contain records of value to
criminal investigators in the form of a logfile. In most countries are required, by law, to
keep their logfiles for a predetermined amount of time. For example; a European wide
Data Retention Directive (applicable to all EU member states) states that all E-mail
traffic should be retained for a minimum of 12 months.
Methodology of cybercrime investigation
There are many ways for cybercrime to take place, and investigations tend to
start with an IP Address trace, however that is not necessarily a factual basis upon
which detectives can solve a case. Different types of high-tech crime may also include
elements of low-tech crime, and vice versa, making cybercrime investigators an
indispensable part of modern law-enforcement. Methodology of cybercrime detective
work is dynamic and is constantly improving, whether in closed police units, or in
international cooperation framework.
Legislation
Due to easily exploitable laws, cybercriminals use developing countries in order
to evade detection and prosecution from law enforcement. In developing countries, such
as the Philippines, laws against cybercrime are weak or sometimes nonexistent. These
weak laws allow cybercriminals to strike from international borders and remain
undetected. Even when identified, these criminals avoid being punished or extradited to
a country, such as the United States, that has developed laws that allow for
prosecution. While this proves difficult in some cases, agencies, such as the FBI, have
used deception and subterfuge to catch criminals. For example, two Russian hackers
had been evading the FBI for some time. The FBI set up a fake computing company
based in Seattle, Washington. They proceeded to lure the two Russian men into the
United States by offering them work with this company. Upon completion of the
interview, the suspects were arrested outside of the building. Clever tricks like this are
sometimes a necessary part of catching cybercriminals when weak legislation makes it

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impossible otherwise. President Barack Obama released in an executive order in April

2015 to combat cybercrime. The executive order allows the United States to freeze
assets of convicted cybercriminals and block their economic activity within the United
States. This is some of the first solid legislation that combats cybercrime in this way.
The European Union adopted directive 2013/40/EU. All offenses of the directive,
and other definitions and procedural institutions are also in the Council of Europe's
Convention on Cybercrime.
Penalties
Penalties for computer related crimes in New York State can range from a fine
and a short period of jail time for a Class A misdemeanor such as unauthorized use of a
computer up to computer tampering in the first degree which is a Class C felony and
can carry 3 to 15 years in prison
However, some hackers have been hired as information security experts by
private companies due to their inside knowledge of computer crime, a phenomenon
which theoretically could create perverse incentives. A possible counter to this is for
courts to ban convicted hackers from using the Internet or computers, even after they
have been released from prison though as computers and the Internet become more
and more central to everyday life, this type of punishment may be viewed as more and
more harsh and draconian. However, nuanced approaches have been developed that
manage cyber offender behavior without resorting to total computer or Internet bans.
These approaches involve restricting individuals to specific devices which are subject to
computer monitoring or computer searches by probation or parole officers.
Awareness
As technology advances and more people rely on the internet to store sensitive
information such as banking or credit card information, criminals increasingly attempt to
steal that information. Cybercrime is becoming more of a threat to people across the
world. Raising awareness about how information is being protected and the tactics
criminals use to steal that information continues to grow in importance. According to the
FBI's Internet Crime Complaint Center in 2014 there were 269,422 complaints filed.
With all the claims combined there was a reported total loss of $800,492,073. But
cybercrime does yet seem to be on the average person's radar. There are 1.5 million
cyber-attacks annually, that means that there are over 4,000 attacks a day, 170 attacks
every hour, or nearly three attacks every minute, with studies showing us that only 16%
of victims had asked the people who were carrying out the attacks to stop.! Anybody
who uses the internet for any reason can be a victim, which is why it is important to be
aware of how one is being protected while online.
Intelligence
As cybercrime has proliferated, a professional ecosystem has evolved to support
individuals and groups seeking to profit from cybercriminal activities. The ecosystem
has become quite specialized, including malware developers, botnet operators,
professional cybercrime
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groups, groups specializing in the sale of stolen content, and so forth. A few of the
leading cybersecurity companies have the skills, resources and visibility to follow the
activities of these individuals and group. Wide variety of information is available from
these sources which can be used for defensive purposes, including technical indicators
such as hashes of infected files or malicious IPs/URLs, as well as strategic information
profiling the goals, techniques and campaigns of the profiled groups. Some of it is freely
published, but consistent, on-going access typically requires subscribing to an
adversary intelligence subscription service. At the level of an individual threat actor,
threat intelligence is often referred to that actor's “TTP”, or “tactics, techniques, and
procedures,” as the infrastructure, tools, and other technical indicators are often trivial
for attackers to change.
Computer viruses are forms of code or malware programs that can copy
themselves and damage or destroy data and systems. When computer viruses are used
on a large scale, like with bank, government or hospital networks, these actions may be
categorized as cyberterrorism. Computer hackers also engage in phishing scams, like
asking for bank account numbers, and credit Card theft.
Stalking Defined
Carrie walks back to her dorm room, but she cannot shake the feeling that she’s
being watched. Over the last two weeks, she has received several blocked calls to her
cell phone. Sometimes she will answer the calls, and other times she lets it go to
voicemail. When she answers, no one speaks, and whoever it is does not leave a
voicemail message. Carrie has also been getting emails to her school account. The
emails tell her that she is pretty, and there will be comments about the pants or shirt she
wore that day. Tonight, Carrie feels she needs to talk to the police because she feels
someone is stalking her.
The definition for stalking is when a perpetrator singles out a specific
person and causes the person emotional distress and causes the individual to
fear for his or her life, safety, or safety of others. A stalker can be a former
boyfriend or girlfriend, an acquaintance or a stranger.
In order for stalking to be a crime, there has to be two or more occasions of visual or
physical proximity; non-consensual communication, either written or verbal; threats; or a
combination of any of these occasions. In the example, Carrie has had a combination of
these occasions and is being subjected to several types of stalking. Types of Stalking
Stalking can occur in several forms.
The first type of stalking is when the perpetrator follows an individual and watches them.
Maria is being watched while she is walking back to her home. Her stalker is using
surveillance stalking to track and follow her. With surveillance stalking, the perpetrator is
known to sit outside the home, place of work, school, or other places that the individual
usually go to regularly. Along with surveillance stalking, there is cyberstalking.
Maria is also a victim of cyberstalking, which is the use of electronic means, such as the
Internet or cellphones, to stalk victims. Cyberstalking is also considered unsolicited

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contact from the perpetrator to the victim. The difference between cyberstalking and
surveillance stalking is that surveillance stalking is done in a physical sense, and
cyberstalking is done through technology and electronic means. The perpetrator has not
made physical contact, so the stalking is not considered aggravated stalking.
Another type of stalking is aggravated stalking. Aggravated stalking occurs when the
perpetrator restrains the victim, causes bodily harm to the victim, or violates an order of
protection. Maria has not had any of these happen to her, so her stalker is using
surveillance stalking and cyberstalking. There are also categories that try to define each
type of stalker.
Types of Stalkers
Actions define the type of stalking, but personalities combined with the actions define
the type of stalker:
1. Rejected Stalker- This type of stalker becomes upset when the friendship or
romantic relationship has ended. The rejected stalker is not only self-centered and
jealous but also over-dependent and persistent.
2. Resentful Stalker – The resentful stalker feels humiliated that the relationship
has ended and seeks revenge upon the victim. Resentful stalkers are often irrationally
paranoid and are known to verbally assault their victims.
3. Predatory Stalker- The predatory stalker seeks power and sexual gratification.
They will not make physical contact but will use surveillance to track the victim.
4. Intimacy Seeker– The intimacy-seeking stalker seeks an intimate and romantic
relationship with the victim. When the stalker is rejected by the victim, he or she will
continually phone the victim, write the victim letters, and can become jealous and
violent if the victim enters into a relationship with someone else.
5. Incompetent Suitor- The incompetent suitor stalker usually has inadequate
social skills. They want a relationship with the victim but do not have the ability to
realize he or she is not meant to be with the victim.
6. Erotomania and Morbidly Infatuated- This type of stalker feels that the victim
loves them even though they may not have had any contact with the victim. The stalker
is usually paranoid, prefers suitors in a higher social class, and wil repeatedly approach
the victim.

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Cyberstalking is the use of the Internet or other electronic means to stalk or

harass an individual, group, or organization. It may include false accusations,
defamation, slander and libel. It may also include monitoring, identity theft, threats,
vandalism, solicitation for sex, or gathering information that may be used to threaten,
embarrass or harass.
Cyberstalking is often accompanied by real time or offline stalking. In many
jurisdictions, such as California, both are criminal offenses. Both are motivated by a
desire to control, intimidate or influence a victim. A stalker may be an online stranger or
a person whom the target knows. They may be anonymous and solicit involvement of
other people online who do not even know the target.
Cyberstalking is a criminal offense under various state anti-stalking, slander and
harassment laws. A conviction can result in a restraining order, probation, or criminal
penalties against the assailant, including jail.
Cyberstalking is a crime in which the attacker harasses a victim using electronic
communication, such as e-mail or instant messaging (IM), or messages posted to a
Web site or a discussion group. A cyberstalker relies upon the anonymity afforded by
the Internet to allow them to stalk their victim without being detected.
Online harassment, sometimes referred to as “cyber harassment,” usually
pertains to threatening or harassing emails, instant messages, or website entries.…To
be considered cyberstalking, the behavior must pose a credible threat of harm to
the victim. All states have anti-stalking laws, but the legal definitions vary.

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ACTIVITY 2
Instruction: Answer and explain briefly the following questions.

QUESTIONS:
1. Explain the term “cybercrime”.
2. What are two elements of Computer Crime? Explain.
3. Differentiate cybercrime from computer crime.
4. What is stalking? Explain.
5. What are the types of cybercrime? Explain each.
6. Explain the word Cybersecurity.
7. What are the types of stalkers? Explain each.
8. Explain the Methodology of cybercrime investigation.
9. What are the categories of cybercrime? Explain.
10. Explain the word phishing.
11. Differentiate online harassment from cyberstalking.The Hacker, Hacking
Tactics and the Victim

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Who is the hacker?

Hacking emerged with the invention of computers.
A hacker is an individual who uses computer, networking or other skills to
overcome a technical problem. The term hacker may refer to anyone with technical
skills, but it often refers to a person who uses his or her abilities to gain unauthorized
access to systems or networks in order to commit crimes. A hacker may, for example,
steal information to hurt people via identity theft, damage or bring down systems and
often, hold those systems hostage to collect ransom.
The basic difference is this: hackers build things, crackers break them.
Types of Hackers
The security community has informally used references to hat color as a way
different types of hacker are identified, usually divided into three types:
1. White hat
2. Black hat
3. Gray hat
White hat hackers, also known as ethical hackers, strive to operate in the
public’s best interest, rather than to create turmoil. Many white hat hackers work doing
penetration, hired to attempt to break into the company’s networks to find and report on
security vulnerabilities. The security firms then help their customers mitigate security
issues before criminal hackers can exploit them.
Black hat hackers intentionally gain unauthorized access to networks and
systems with malicious intent, whether to steal data, spread malware or profit from
ransomware, vandalize or otherwise damage systems or for any other reason including
gaining notoriety. Black hat hackers are criminals by definition because they violate
laws against accessing systems without authorization, but they may also engage in
other illegal activity, including identity theft and distributed denial-of-service attacks
Gray hat hackers fall somewhere between white hat hackers and black hat
hackers. While their motives may be similar to those of white hat hackers, gray hats are
more likely than white hat hackers to access systems without authorization; at the same
time, they are more likely than black hat hackers to avoid doing unnecessary damage to
the systems they hack. Although they aren’t typically-or only-motivated by money, gray
hat hackers nay offer to fix vulnerabilities they have discovered through their own,
unauthorized, activities rather than using their knowledge to exploit vulnerabilities for
illegal profit.

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A black hat hacker accesses systems without authorization and steals or damages data
Hackers of all types participate in forums to exchange hacking information and
tradecraft. There are a number of hacker forums where white hat hackers can discuss
or ask questions about hacking. Other white hat forums offer technical guides with
stepby-step instructions on hacking.
Forums and marketplaces serving black hat hackers are often hosted on the dark
web, and offer black hat hackers with an outlet for offering, trading and soliciting illegal
hacking services.
Criminal hackers, who sometimes lack their own technical skills, often use scripts
and other specifically designed software programs to break into corporate networks.
This software may manipulate network data network connection to gather intelligence
about the workings of the target system.
These scripts can be found posted on the internet for anyone, usually entry-level
hackers, to use. Hackers with limited skills are sometimes called script kiddies, referring
to their need to use malicious scripts and their inability to create their own code.
Advanced hackers might study these scripts and then modify them to develop new
methods.
The Hacker Attitude
1. The world is full of fascinating problems waiting to be solved
2. No problem should ever have to be solved twice
3. Boredom and drudgery are evil
4. Freedom is good
5. Attitude is no substitute for competence
Hackers solve problems and build things, and they believe in freedom and
voluntary mutual help. To be accepted as a hacker, you have to behave as though you
have this kind of attitude yourself. And to behave as though you have the attitude, you
have to really believe the attitude.
But if you think of cultivating hacker attitudes as just a way to gain acceptance in
the culture, you’ll miss the point. Becoming the kind of person who believes these things
is important for you for helping you learn and keeping you motivated. As with all creative
arts, the most effective way to become a master is to imitate the mind-set of masters not
just intellectually but emotionally as well.
Unethical hacking can be called an illegal activity to get unauthorized information
by modifying a system’s features and exploiting its loopholes. In this world where most
of the things happen online, hacking provides wider opportunities for the hackers to gain
unauthorized access to the unclassified information like credit card details, email
account details, and other personal information.

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Hacking techniques that are commonly used to get your Personal information in
an unauthorized way. Hacking techniques
1. Bait and switch

Using bait and switch hacking technique, an attacker can buy advertising spaces
on the websites. Later, when a user clicks on the ad, he might get directed to a
page that’s infected with malware. This way, they can further install malware or
adware on your computer. The ads and download links shown in this technique
are very attractive and users are expected to end up clicking on the same.
2. Cookie theft
The cookies of a browser keep our personal data such as browsing history,
username, and passwords for different sites that we access. Once the hacker
gets the access to your cookie, he can even authenticate himself as you on a
browser. A popular method to carry out this attack is to encourage a user’s IP
packets to pass through attacker’s machine.
Also known as SideJacking or Session Hijacking, this attack is easy to carry out
if the user is not using SSL (https) for the complete session. On the websites
where you enter your password and banking details, it’s of utmost importance for
them to make their connections encrypted.
3. ClickJacking Attacks
ClickJacking is also known by a different name, Ul Redress. In this attack, the
hacker hides the actual Ul where the victim is supposed to click. This behavior is
very common in app download, movie streaming, and torrent websites. While
they mostly employ this technique to earn advertising dollars, others can use it to
steal your personal information.
In another word, in this type of hacking, the attacker hijacks the clicks of the
victim that aren’t meant for the exact page, but for a page where the hacker
wants you to be. It works by fooling an internet user into performing an undesired
action by clicking on hidden link.
4. Virus, Trojan etc.
Virus or trojans are malicious software programs which get installed into the
victim’s system and keeps sending the victims data to the hacker. They can also
lock your files, serve fraud advertisement, divert traffic, sniff your data, or spread
on all the computer connected to your network.
5. Phishing
Phishing is a hacking technique using which a hacker replicates the
mostaccessed sites and traps the victim by sending that spoofed link.
Combined with social engineering, It becomes one of the most commonly
used and deadliest attack vectors.

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Once the victim tries to login or enters some data, the hacker gets that private
information of the target victim using the trojan running on the fake site. Phishing
via iCloud and Gmail account was the attack route taken by hackers who
targeted the “Fappening” leak, which involved numerous Hollywood female
celebrities.
6. Eavesdropping (Passive Attacks)
Unlike other attacks which are active in nature, using a passive attack, a hacker
just monitors the computer systems and networks to gain some unwanted
information.
The motive behind eavesdropping is not to harm the system but to get some
information without being identified. These types of hackers can target email,
instant messaging services, phone calls, web browsing, and other methods of
communication. Those who indulge in such activities are generally black hat
hackers, government agencies, etc.
7. Fake WAP
Even just for fun, a hacker can use software to fake a wireless access point. This
WAP connects to the official public place WAP. Once you get connected the fake
WAP, a hacker can access your data, just like in the above case.
It’s one of the easier hacks to accomplish and one just needs a simple software
and wireless network. Anyone can name their WAP as some legit name like
“Heathrow Airport WiFi” or “Starbucks WiFi” and start spying on you. One of the
best ways to protect yourself from such attacks is using a quality VPN service.
8. Waterhole attacks
If you are a big fan of Discovery or National Geographic channels, you could
relate easily with the waterhole attacks. To poison a place, in this case, the
hacker hits the most accessible physical point of the victim.
For example, if the source of a river is poisoned, it will hit the entire stretch of
animals during summer. In the same way, hackers target the most accessed
physical location to attack the victim. That point could be a coffee shop, a
cafeteria, etc.
Once hackers are aware of your timings, using this type of hacking, they might
create a fake Wi-Fi access point and modify your most visited website to redirect
them to you to get your personal information. As this attack collects information
on a user from a specific place, detecting the attacker is even harder. One of the
best ways to protect yourself again such types of hacking attacks is to follow
basic security practices and keep your software/OS updated.
9. Denial of Service (DoS\DDoS)
A Denial of Service attack is a hacking technique to take down a site or server by
flooding that

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site or server with a lot of traffic that the server is unable to process all the
requests in the real time and finally crashes down. This popular technique, the
attacker floods the targeted machine with tons of requests to overwhelm the
resources, which, in turn, restrict the actual requests from being fulfilled.
For DDoS attacks, hackers often deploy botnets or zombie computers which
have got the only work to flood your system with request packets. With each
passing year, as the malware and types of hackers keep getting advanced, the
size of DDoS attacks keeps getting increasing.
10.Keylogger
Keylogger is a simple software that records the key sequence and strokes of
your keyboard into a log file on your machine. These log files might even contain
your personal email IDs and passwords. Also known as keyboard capturing, it
can be either software or hardware. While software-based keyloggers target the
programs installed on a computer, hardware devices target keyboards,
electromagnetic emissions, smartphone sensors, etc.
Keylogger is one of the main reasons why online banking sites give you an
option to use their virtual keyboards. So, whenever you’re operating a computer
in public setting, try to take extra caution.
Hacker vs. cracker
The term hacker was first used in the 1960s to describe a programmer or an
individual who, in an era of highly constrained computer capabilities, could increase the
efficiency of computer code in a way that removed, or “hacked,” excess machine-code
instructions from a program. It has evolved over the years to refer to a person with an
advanced understanding of computers, networking, programming or hardware.
For many in technology, the term hacker is best applied to those who use their
skills without malicious intent, but over time the term has been applied to people who
use their skills maliciously. To counter the trend of labeling skillful technologists as
criminals, the term cracker was proposed for criminal hackers, with the intention of
removing the stigma from being labeled a hacker.
Within the hacker-cracker framework, hackers are those who seek to identify
flaws in security systems and work to improve them, including security experts tasked
with locating and identifying flaws in systems and fixing those vulnerabilities. Crackers,
on the other hand, are intent on breaching computer and network security to exploit
those same flaws for their own gain.
While technologists have promoted use of the term cracker over the years, the
distinction between differently motivated hackers is more commonly referenced by the
use of white hat, gray hat or black hat. In general use, cracker hasn’t found much
traction.

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Famous hackers
While many famous technologists have been considered hackers, including
Donald Knuth, Ken Thompson, Vinton Cerf, Steve Jobs and Bill Gates, black hat
hackers are more likely to gain notoriety as hackers in mainstream accounts. Gates was
also caught breaking into corporate systems as a teenager before founding Microsoft.
Some notorious black hat hackers include:
1. Anonymous is a group of hackers from around the world who meet on
onlinemessage boards and social networking forums. They mainly focus their
efforts on encouraging civil disobedience and/or unrest via denial-of-service
attacks, publishing victims> personal information online, as well as defacing and
defaming websites.
2. Jonathan James gained notoriety for hacking into multiple websites,
includingthose of the U.S.Department of Defense and NASA, as well as for
stealing software code when he was a teenager. In 2000, James became the
first juvenile, he was just 16 years old to be incarcerated for computer hacking.
He committed suicide in 2008 when he was 25 years old.
3. Adrian Lamo hacked into the systems of several organizations, including
TheNew York Times, Microsoft and Yahoo to exploit their security flaws. Lamo
was arrested in 2003,convicted in 2004 and sentenced to six months of home
detention at his parents’ home, two years’ probation and ordered to pay about
$65,000 in restitution.
4. Kevin Mitnick was convicted of a number of criminal computer crimes
afterevading authorities for two and a half years. Once one of the FBI’s Most
Wanted for hacking into networks of 40 high-profile corporations, Mitnick was
arrested in 1993 and served five years in a federal prison. After his release,
Mitnick founded a cybersecurity firm to help organizations keep their networks
safe Risk management typically falls into 8 areas:
1. Avoidance- Take a close look at want information you store and what you
needto store. For example, 1-2 years after a purchase maybe you don’t need
the credit card number anymore and can blank it out with a permanent marker
but still keep the receipt in case of a tax audit.
2. Prevention- I think this is self-explanatory, prevent access to data, prevent
theremoval of data from the business, etc.
3. Reduction- Reduce a loss if it does occur. Take measure like placing limits
onthe amount that can be withdrawn from a bank account at any time.
4. Separation- Separate names from credit card numbers whenever possible.
Separate user names from passwords (store them in separate databases).
Separate customer data from the internet by only accessing it on a computer that
doesn’t have an internet connection or email account.

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5. Duplication- You actually want to reduce the duplication of customer data

asthe less duplicates the less chances of theft but you may want to duplicate
firewalls, etc.
6. Transfer- This is the biggest one, transfer the risk of storing credit card data
toa third party processor like PayPal or your bank. Let them take the risk of
storing credit cards. Also, insurance is a form of transfer as you are
transferring your risk to the insurer.
7. Retention- As a last resort, be aware of the risk be risk your face but if
youcannot effectively manage it you must retain it or avoid it (by not engaging
in business).
How do cyber criminals attack?
Three methods that cyber criminals use to attack as defines Security in the Digital
World:
1. Social engineering: The attacker tries to manipulate you into giving them either
your information, or access to your computer so that they can get the information
themselves. This can take place through many types of communication, including
the telephone (vishing), email (phishing), text messages (smishing) or chats
within games or apps. The aim of social engineering is to exploit human nature
by targeting common human traits such as the fear of being attacked.
2. Malware: Malware is malicious software that will damage or harm your
computer, network or information with the sole intent of infecting your system.
Some malware will attempt to take control of the system, allowing the attacker to
do anything they want with it or the information on the device, deny you the
device or the information, or benefit from taking control of the device or the
information. Malware is constantly altered by attackers to create new strains, so
it is almost impossible to keep track. Known strains include Trojans, jailbreaks,
viruses, bots and worms.
3. Ransomware: Petya, Wanna Cry and Not Petya are all strains of ransomware
that affected the computer systems of organizations worldwide. Ransomware is a
type of malware that is delivered by social engineering and blocks access to the
information stored on your device/system. Users will be denied access to their
information unless they pay a ‘ransom’ to the attacker -usually in an electronic
currency such as bitcoin.
These methods may be used on their own, or you could fall victim to an attack
that uses a combination. The attacker uses more than one type of communication to
make you more confident that you are not being duped or manipulated.
How to Protect Yourself from Cybercrime
There are some basic precautions everyone using the Internet should take to
protect themselves from the gamut of cybercrimes out there:

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1. Use a full-service Internet security suite such as Norton Security Premium

toensure that you are protecting yourself against viruses, as well as other
emerging threats on the Internet.
2. Use strong passwords, don’t repeat your passwords on different sites
andmake sure to change your passwords regularly. A password management
application can help you to keep your passwords locked down.
3. Keep all your software updated. This is most important with your
operatingsystems and Internet security suites. Hackers are most likely to use
known exploits in your software to gain access to your system. Patching those
exploits makes it far less likely that you’re going to be a victim.
4. Manage your social media settings to keep most of your personal and
privateinformation locked down. Social engineering cybercriminals can often get
your personal information with just a few data points, so the less you share with
the broader world, the better.
5. Secure your home network with a strong encryption password as well as
aVPN. A VPN will encrypt all traffic leaving your devices until it arrives at its
destination. Even if a hacker manages to get in your communication line, they
won’t intercept anything but encrypted traffic.
6. Talk to your children about acceptable use of the Internet without
shuttingdown communication channels. Make sure they know that they can come
to you in the event that they’re experiencing any kind of online harassment,
bullying or stalking.
7. Keep up to date on major security breaches. If you have an account on a
sitethat’s been impacted by a security breach, find out what the hackers know
and change your password immediately.
8. If you believe that you’ve become a victim of a cybercrime, you need to
alertthe local police and other law enforcement agencies who are also involved
in the investigation of cybercrimes. Even if the crime seems minor this is
important, as you are helping to prevent criminals from taking advantage of other
people in the future.
Every citizen of a country has an obligation to do their part in the fight against
cybercrimes. For most people, that just means following a few simple, common-sense
steps to keep you and your family safe, as well as reporting cybercrimes to the relevant
officials at the appropriate time. When you do that, you’re pulling your weight in the war
on cybercrime
Who are the victims of cybercrime??
If you have a website, you’re vulnerable to become a victim of cybercrime.

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ACTIVITY 3

QUESTIONS:
1. Who is the hacker? Explain.

2. Enumerate the types of hacker and explain each.
3. How do you protect yourself from cybercrime? Explain briefly.
4. How do cyber criminals attack? Explain.
5. Enumerate the eight (8) areas of risk management.
6. Differentiate a hacker from a cracker.
7. What are the hacking techniques? Explain each.
8. Explain the hacker attitude.
9. Enumerate some famous hackers in the world.

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10. Who are the victims of cybercrime? Why.

Factors for Preventing Cyber Crime
1. Law Enforcement
The law enforcement is very weak and in order to strengthen the law, the
maximum fine should be increased as well as imprisonment so that the guilty will
be charged.
2. Attitude awareness
In order to prevent cyber-crimes, creating attitude awareness during online
business is important. Business entrepreneurs from the survey are unaware
cyber-crime, thus, awareness programs on preventing cyber-crime should
educate them in order to ensure entrepreneurs feel safe during online business
transaction.
3. Ethics
A good ethics while doing online business transaction should be addressed by
entrepreneurs and they should respect potential buyers and seller by giving
detail information and respect each other during online business.
4. IT Technology
Information technology infrastructure is comprehensive, thus, cyber crime
prevention strategies should remain a top concern as enterprise now must
support more devices such tablets and smartphones. The enterprise should
equip them with knowledge and update technology security devices so that can
protect from cyber criminals.
ACTIVITY 4

QUESTIONS:
1. Explain the cybercrime prevention framework.

2. What are the determinant factors for preventing cyber-crime?
3. Explain the economic impact of cybercrimes.
4. What makes cybercrime an even bigger opportunity for a criminal? Explain.
5. What is criminal profiling? Explain.
6. Enumerate the conventions that have tackled the issue of cybercrime.
7. How can one combat the threat of cybercrime?

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8. Explain this principle “Everyone has the right to life, liberty and security of person”.
9. Explain this principle “No one shall be subjected to arbitrary interferencewith
his privacy, family, home or correspondence, nor to attacks upon his honor and
reputation.
10. What effect the harmonization of global technical standards has on the
developmentof the national criminal law?
CHAPTER V____________
Cybercrime Laws in the Philippines
Republic Act No.10175- known as the “Cybercrime Prevention Act of 2012”.
The State recognizes the vital role of information and communications industries such
as content production, telecommunications, broadcasting electronic commerce,
and data processing, in the nation’s overall social and economic development.
The State also recognizes the importance of providing an environment conducive to the
development, acceleration, and rational application and exploitation of information
and communications technology (ICT) to attain free, easy, and intelligible access to
exchange and/or delivery of information; and the need to protect and safeguard the
integrity of computer, computer and communications systems, networks, and
databases, and the confidentiality, integrity, and availability of information and data
stored therein, from all forms of misuse, abuse, and illegal access by making punishable
under the law such conduct or conducts.
In this light, the State shall adopt sufficient powers to effectively prevent and combat
such offenses by facilitating their detection, investigation, and prosecution at both the

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domestic and international levels, and by providing arrangements for fast and reliable
international cooperation.
Definition of Terms.
1. Access refers to the instruction, communication with, storing data in,
retrieving data from, or otherwise making use of any resources of a computer
system or communication network.
2. Alteration refers to the modification or change, in form or substance, of an
existing computer data or program.
3. Communication refers to the transmission of information of information
through ICT media, including voice, video and other forms of data.
4. Computer refers to an electronic, magnetic, optical, electrochemical, or other
data processing or communication device, or grouping of such devices,
capable of performing logical, arithmetic, routing, or storage functions and
which includes any storage facility or equipment or communications facility or
equipment directly related to or operating in conjunction with such device. It
covers any type of computer device including devices with data processing
capabilities like mobile phones, smart phones, computer networks and other
devices connected to the internet.
5. Computer data refers to any representation of facts, information, or
concepts in a form suitable for processing in a computer system including a
program suitable to cause a computer system to perform a function and
includes electronic documents and/or electronic data messages whether
stored in local computer systems or online.
6. Computer program refers to a set of instructions executed by the computer
to achieve intended results.
7. Computer system refers to any device or group of interconnected or related
devices, one or more of which, pursuant to a program, performs automated
processing of data. It covers any type of device with data processing
capabilities including, but not limited to, computers and mobile phones. The
device consisting of hardware and software may include input, output and
storage components which may stand alone or be connected in a network or
other similar devices. It also includes computer data storage devices or
media.
8. Without right refers to either: (i) conduct undertaken without or in excess of
authority; or (ii) conduct not covered by established legal defenses, excuses,
court orders, justifications, or relevant principles under the law.
9. Cyber refers to a computer or a computer network, the electronic medium in
which online communication takes place.
10. Critical infrastructure refers to the computer systems, and/ or networks,
whether

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physical or virtual, and/or the computer programs, computer data and/or

traffic data so vital to this country that the incapacity or destruction of or
interference with such system and assets would have a debilitating impact on
security, national or economic security, national public health and safety, or
any combination of those matters.
11. Cybersecurity refers to the collection of tools, policies, risk management
approaches, actions, training, best practices, assurance and technologies
that can be used to protect the cyber environment and organization and
user’s assets.
12. Database refers to a representation of information, knowledge, facts,
concepts, or instructions which are being prepared, processed or stored or
have been prepared, processed or stored in a formalized manner and which
are intended for use in a computer system.
13. Interception refers to listening to, recording, monitoring or surveillance of the
content of communications, including procuring of the content of data, either
directly, through access and use of a computer system or indirectly, through
the use of electronic eavesdropping or tapping devices,at the same time that
the communication is occurring.
14. Service provider refers to:
(1) Any public or private entity that provides to users of its service
theability to communicate by means of a computer system; and
(2) Any other entity that processes or stores computer data on behalf
ofsuch communication service or users of such service.
15. Subscriber’s information refers to any information contained in the form of
computer data or any other form that is held by a service provider, relating to
subscribers of its services other than traffic or content data and by which
identity can be established:
(1) The type of communication service used, the technical
provisionstaken thereto and the period of service;
(2) The subscriber’s identity, postal or geographic address, telephone
andother access numbers, any assigned network address, billing and
payment information, available on the basis of the service agreement or
arrangement; and
(3) Any other available information on the site of the installation
ofcommunication equipment, available on the basis of the service
agreement or arrangement.
16. Traffic data or non-content data refers to any computer data other than the
content of the communication including, but not limited to, the
communication’s origin, destination, route, time, date, size, duration, or type
of underlying service.

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PUNISHABLE ACTS-Cybercrime Offenses

1. Offenses against the confidentiality, integrity and availability of
computer data and systems:
1) lllegal Access. – The access to the whole or any part of a computer
system without right.
2) lllegal Interception. – The interception made by technical means without
right of any non-public transmission of computer data to, from, or within a
computer system including electromagnetic emissions from a computer system
carrying such computer data.
3) Data Interference.- The intentional or reckless alteration, damaging,
deletion or deterioration of computer data, electronic document, or electronic
data message, without right, including the introduction or transmission of viruses.
4) System Interference.- The intentional alteration or reckless hindering or
interference with the functioning of a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering or suppressing computer
data or program, electronic document, or electronic data message, without right
or authority, including the introduction or transmission of viruses.
5) Misuse of Devices
a. The use, production, sale, procurement, importation, distribution, or
otherwisemaking available, without right, of:
i. A device, including a computer program, designed or adapted primarily
for the purpose of committing any of the offenses under this Act; or ii. A
computer password, access code, or similar data by which the whole or
any part of a computer system is capable of being accessed with intent
that it be used for the purpose of committing any of the offenses under this
Act.
b. The possession of an item referred to in paragraphs 5(a) or (b) above
withintent to use said devices for the purpose of committing any of the offenses
under this section.
6) Cyber-squatting.- The acquisition of a domain name over the internet in bad faith to
profit, mislead, destroy reputation, and deprive others from registering the same, if such
a domain name is:
a. Similar, identical, or confusingly similar to an existing trademark registered
withthe appropriate government agency at the time of the domain name
registration:
b. Identical or in any way similar with the name of a person other than
theregistrant, in case of a personal name; and
c. Acquired without right or with intellectual property interests in it.

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2. Computer-related Offenses: 1)
Computer-related Forgery.
a. The input, alteration, or deletion of any computer data without right
resulting ininauthentic data with the intent that it be considered or acted upon for
legal purposes as if it were authentic, regardless whether or not the data is
directly readable and intelligible; or
b. The act of knowingly using computer data which is the product of
computer-related forgery as defined herein, for the purpose of perpetuating a
fraudulent or dishonest design.
2) Computer-related Fraud.-The unauthorized input, alteration, or deletion
of computer data or program or interference in the functioning of a computer
system, causing damage thereby with fraudulent intent: Provided, That if no
damage has yet been caused, the penalty imposable shall be one (1) degree
lower.
3) Computer-related Identity Theft.- The intentional acquisition, use,
misuse, transfer, possession, alteration or deletion of identifying information
belonging to another, whether natural or juridical, without right: Provided, That if
no damage has yet been caused, the penalty imposable shall be one (1) degree
lower.
3.Content-related Offenses:
1) Cybersex.- The willful engagement, maintenance, control, or operation,
directly or indirectly, of any lascivious exhibition of sexual organs or sexual
activity, with the aid of a computer system, for favor or consideration.
2) Child Pornography.- The unlawful or prohibited acts defined and
punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of
2009, committed through a computer system: Provided, That the penalty to be
imposed shall be (1) one degree higher than that provided for in Republic Act
No. 9775. Unsolicited Commercial Communications. The transmission of
commercial electronic communication with the use of computer system which
seek to advertise, sell, or offer for sale products and services are prohibited
unless:
a. Third is prior affirmative consent from the recipient; or
b. The primary intent of the communication is for service
and/oradministrative announcements from the sender to its existing
users, subscribers or customers; or
c. The following conditions are present:
I. The commercial electronic communication contains a
simple,valid, and reliable way for the recipient to reject. Receipt of

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further commercial electronic messages (opt-out) from the same

source;
II. The commercial electronic communication does not
purposelydisguise the source of the electronic message; and
III. The commercial electronic communication does not
purposelyinclude misleading information in any part of the message
in order to induce the recipients to read the message.
3) Libel. The unlawful or prohibited acts of libel as defined in Article 355 of the Revised
Penal Code, as amended, committed through a computer system or any other similar
means which may be devised in the future.
4. Other Offenses.-The following acts shall also constitute an offense:
1) Aiding or Abetting in the Commission of Cybercrime.-Any person who
willfullyabets or aids in the commission of any of the offenses enumerated in this
Act shall be held liable.
2) Attempt in the Commission of Cybercrime.-Any person who willfully
attemptsto commit any of the offenses enumerated in this Act shall be held liable.
Section 6. All crimes defined and penalized by the Revised Penal Code, as amended,
and special laws, if committed by, through and with the use of information and
communications technologies shall be covered by the relevant provisions of this Act:
Provided, That the penalty to be imposed shall be one (1) degree higher than that
provided for by the Revised Penal Code, as amended, and special laws, as the case
may be.
Liability under Other Laws.- A prosecution under this Act shall be without prejudice to
any liability for violation of any provision of the Revised Penal Code, as amended, or
special laws. Penalties
A- Any person found guilty of any of the punishable acts enumerated below
(a) Offenses against the confidentiality, integrity and availability of computer data
andsystems:
(b) Computer-related Offenses
 Shall be punished with imprisonment of prision mayor or a fine of at least Two
hundred thousand pesos(PhP200,000.00) up to a maximum amount
commensurate to the damage incurred or both.
B- Any person found guilty of the punishable act under Section 4(a)(5)
(a) Offenses against the confidentiality, integrity and availability of computer data and
systems:
(5) Misuse of Devices.

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 Shall be punished with imprisonment of prision mayor or a fine of not more than
Five hundred thousand pesos (PhP500,000.00) or both.
 If punishable acts in Section4(a)are committed against critical infrastructure, the
penalty of reclusion temporal or a fine of at least Five hundred thousand pesos
(PhP500,000.00)up to maximum amount commensurate to the damage incurred
or both, shall be imposed.
C- Any person found guilty of any of the punishable acts enumerated in Section
4(c)(1)
(c) Content-related Offenses:
(1) Cybersex.
✓ Shall be punished with imprisonment of prision mayor or a fine of at least Two
hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos
(PhPI,000,000.00)or both.
D- Any person found guilty of any of the punishable acts enumerated in Section
4(c)(2)
(2) Child Pornography
 Shall be punished with the penalties as enumerated in Republic Act No. 9775 or
the “Anti-Child Pornography Act of 2009”: Provided, That the penalty to be
imposed shall be one (1) degree higher than that provided for in Republic Act No.
9775, if committed through a computer system.
E- Any person found guilty of any of the punishable acts enumerated in Section
4(c)(3)
(3) Unsolicited Commercial Communications
 Shall be punished with imprisonment of arresto mayor or a fine of at least Fifty
thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand
pesos (PhP250,000.00) or both.
F- Any person found guilty of any of the punishable acts enumerated in Section 5
Section 5. Other Offenses
 Shall be punished with imprisonment one (1) degree lower than that of the
prescribed penalty for the offense or a fine of at least One hundred thousand
pesos (PhPI00,000.00) but not exceeding Five hundred thousand pesos
(PhP500,000.00) or both.

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Corporate Liability
When any of the punishable acts herein defined are knowingly committed on behalf of
or for the benefit of a juridical person, by a natural person acting either individually or as
part of an organ of the juridical person, who has a leading position within, based on:
(a) a power of representation of the juridical person provided the act
committedfalls within the scope of such authority;
(b) an authority to take decisions on behalf of the juridical person: Provided,
That the act committed falls within the scope of such authority; or
(c) an authority to exercise control within the juridical person, the juridical
personshall be held liable for a fine equivalent to at least double the fines
imposable in Section 7 (Liability under Other Laws. A prosecution under this Act
shall be without prejudice to any liability for violation of any provision of the
Revised Penal Code, as amended, or special laws) up to a maximum of Ten
million pesos (PhP10,000,000.00).
If the commission of any of the punishable acts herein defined was made
possible due to the lack of supervision or control by a natural person referred to and
described in the preceding paragraph, for the benefit of that juridical person by a natural
person acting under its authority, the juridical person shall be held liable for a fine
equivalent to at least double the fines imposable in Section 7 up to a maximum of
Five million pesos (PhP5,000,000.00).
The liability imposed on the juridical person shall be without prejudice to the criminal
liability of the natural person who has committed the offense.
ENFORCEMENT AND IMPLEMENTATION
Law Enforcement Authorities
The National Bureau of Investigation(NBI) and the Philippine National Police
(PNP) shall be responsible for the efficient and effective law enforcement of the
provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center
manned by special investigators to exclusively handle cases involving violations of this
Act.
Duties of Law Enforcement Authorities
To ensure that the technical nature of cybercrime and its prevention is given
focus and considering the procedures involved for international cooperation, law
enforcement authorities specifically the computer or technology crime divisions or units
responsible for the investigation of cybercrimes are required to submit timely and
regular reports including pre-operation, post-operation and investigation results and
such other documents as may be required to the Department of Justice (DOJ) for
review and monitoring.

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Real-Time Collection of Traffic Data

Law enforcement authorities, with due cause, shall be authorized to collect or
record by technical or electronic means traffic data in real-time associated with specified
communications transmitted by means of a computer system.
Traffic data refer only to the communication’s origin, destination, route, time,
date, size, duration, or type of underlying service, but not content, nor identities.
All other data to be collected or seized or disclosed will require a court warrant.
Service providers are required to cooperate and assist law enforcement
authorities in the collection or recording of the above-stated information.
The court warrant required under this section shall only be issued or granted
upon written application and the examination under oath or affirmation of the applicant
and the witnesses he may produce and the showing: (1) that there are reasonable
grounds to believe that any of the crimes enumerated hereinabove has been committed,
or is being committed, or is about to be committed: (2) that there are reasonable
grounds to believe that evidence that will be obtained is essential to the conviction of
any person for, or to the solution of, or to the prevention of, any such crimes; and (3)
that there are no other means readily available for obtaining such evidence.
Preservation of Computer Data
The integrity of traffic data and subscriber information relating to communication
services provided by a service provider shall be preserved for a minimum period of six
(6) months from the date of the transaction. Content data shall be similarly preserved for
six (6) months from the date of receipt of the order from law enforcement authorities
requiring its preservation.
Law enforcement authorities may order a one-time extension for another six (6)
months: Provided, That once computer data preserved, transmitted or stored by a
service provider is used as evidence in a case, the mere furnishing to such service
provider of the transmittal document to the Office of the Prosecutor shall be deemed a
notification to preserve the computer data until the termination of the case.
The service provider ordered to preserve computer data shall keep confidential
the order and its compliance.
Disclosure of Computer Data
Law enforcement authorities, upon securing a court warrant, shall issue an order
requiring any person or service provider to disclose or submit subscriber’s information,
traffic data or relevant data in his/its possession or control within seventy-two (72) hours
from receipt of the order in relation to a valid complaint officially docketed and assigned
for investigation and the disclosure is necessary and relevant for the purpose of
investigation.

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Search, Seizure and Examination of Computer Data

Where a search and seizure warrant is properly issued, the law enforcement
authorities shall likewise have the following powers and duties.
1. To secure a computer system or a computer data storage medium
2. To make and retain a copy of those computer data secured;
3. To maintain the integrity of the relevant stored computer data;
4. To conduct forensic analysis or examination of the computer data storage medium;
5. To render inaccessible or remove those computer data in the accessed computer
orcomputer and communications network.
The law enforcement authorities may order any person who has knowledge
about the functioning of the computer system and the measures to protect and preserve
the computer data therein to provide, as is reasonable, the necessary information, to
enable the undertaking of the search, seizure and examination.
Law enforcement authorities may request for an extension of time to complete
the examination of the computer data storage medium and to make a return thereon but
in no case for a period longer than thirty (30) days from date of approval by the court.
Custody of Computer Data
All computer data, including content and traffic data, examined under a proper
warrant shall, within forty-eight (48)hours after the expiration of the period fixed therein,
be deposited with the court in a sealed package, and shall be accompanied by an
affidavit of the law enforcement authority executing it stating the dates and times
covered by the examination, and the law enforcement authority who may access the
deposit, among other relevant data. The law enforcement authority shall also certify that
no duplicates or copies of the whole or any part thereof have been made, or if made,
that all such duplicates or copies are included in the package deposited with the court.
The package so deposited shall not be opened, or the recordings replayed, or used in
evidence, or then contents revealed, except upon order of the court, which shall not be
granted except upon motion, with due notice and opportunity to be heard to the person
or persons whose conversation or communications have been recorded.
Destruction of Computer Data
Upon expiration of the periods as provided in Sections 13 and 15,service
providers and law enforcement authorities, as the case may be, shall immediately and
completely destroy the computer data subject of a preservation and examination.
Exclusionary Rule
Any evidence procured without a valid warrant or beyond the authority of the
same shall be inadmissible for any proceeding before any court or tribunal.

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Restricting or Blocking Access to Computer Data

When a computer data is prima facie found to be in violation of the provisions of
this Act, the DOJ shall issue an order to restrict or block access to such computer data.
Noncompliance
Failure to comply with the provisions of Chapter IV hereof specifically the orders
from law enforcement authorities shall be punished as a violation of Presidential Decree
No.1829 with imprisonment of prision correctional in its maximum period or a fine of
One hundred thousand pesos (Php100,000.00) or both, for each and every
noncompliance with an order issued by law enforcement authorities.
Jurisdiction
The Regional Trial Court shall have jurisdiction over any violation of the
provisions of this Act, including any violation committed by a Filipino national regardless
of the place of commission. Jurisdiction shall lie if any of the elements was committed
within the Philippines or committed with the use of any computer system Wholly or
partly situated in the country, or when by such commission any damage is caused to a
natural or juridical person who, at the time the offense was committed, was in the
Philippines.
There shall be designated special cybercrime courts manned by specially trained
judges to handle cybercrime cases.
General Principles Relating to International Cooperation
All relevant international instruments on international cooperation in criminal
matters, arrangements agreed on the basis of uniform or reciprocal legislation, and
domestic laws, to the widest extent possible for the purposes of investigations or
proceedings concerning criminal offenses related to computer systems and data, or for
the collection of evidence in electronic form of a criminal, offense shall be given full
force and effect.
Department of Justice(DOJ)
There is hereby created an Office of Cybercrime within the DOJ designated as
the central authority in all matters related to international mutual assistance and
extradition.
Cybercrime Investigation and Coordinating Center
An inter-agency body to be known as the Cybercrime Investigation and
Coordinating Center (CICC), under the administrative supervision of the Office of the
President, for policy coordination among concerned agencies and for the formulation
and enforcement of the national cybersecurity plan. Composition
1. Executive Director of the Information and Communications Technology
Office under the Department of Science and Technology (ICTO-DOST) as
Chairperson

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2. Director of the NBI as Vice Chairperson;

Members
1. the Chief of the PNP;
2. Head of the DOJ Office of Cybercrime; and
3. one (1) representative from the private sector and academe
The CICC shall be manned by a secretariat of selected existing personnel and
representatives from the different participating agencies.
Powers and Functions.
1. To formulate a national cybersecurity plan and extend immediate assistance for
thesuppression of real-time commission of cybercrime offenses through a computer
emergency response team (CERT);
2. To coordinate the preparation of appropriate and effective measures to prevent
andsuppress cybercrime activities as provided for in this Act;
3. To monitor cybercrime cases being bandied by participating law enforcement
andprosecution agencies;
4. To facilitate international cooperation on intelligence, investigations, training
andcapacity building related to cybercrime prevention, suppression and prosecution;
5. To coordinate the support and participation of the business sector, local
governmentunits and nongovernment organizations in cybercrime prevention programs
and other related projects;
6. To recommend the enactment of appropriate laws, issuances, measures
andpolicies;
7. To call upon any government agency to render assistance in the accomplishment
ofthe CICC’s mandated tasks and functions; and
8. To perform all other matters related to cybercrime prevention and
suppression,including capacity building and such other functions and duties as may be
necessary for the proper implementation of this Act.
ACTIVITY 5

QUESTIONS:
1. What is Republic Act No.10175 all about?

2.What are computer-related offenses? Explain each

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3. Explain cybercrime offenses against the confidentiality, integrity and availability of

computer data and systems
4. What do you mean by the term computer system?
5. What is the role of Cybercrime Investigation and Coordinating Center? Explain
6. What is the composition of Cybercrime Investigation and Coordinating Center
7. What is the penalty of any person found guilty of any of the punishable
actsenumerated in Section 4©(2)? Explain
8. What are the general principles relating to international cooperation?
9. How is the custody of computer data done?
10. Who shall be responsible for the efficient and effective law enforcement of
theprovisions of this Act?
Man and Environment
Man and environment are inter-related. The environment influences the life of
human beings and also human beings modify their environment as a result of their
growth, dispersal, activities, death and decay etc. Thus all living beings including man
and their environment are mutually reactive affecting each other in a number of ways
and a dynamic equilibrium is possible in between the two, i.e. human beings (society)
and environment are interdependent.
The different social structures like industrial, agricultural, religious, aesthetic etc.
have developed during various stages of human civilization and these structures
represent human being’s accumulated cultural resources based on natural environment.
If the natural environment helped in the development of different structures of the
society on the one hand, the existence and quality of environment now rests on the
responses of these social structures to the environment on the other hand.
The burning issues like quality of environment, disruption of earth’s natural
ecosystem, environmental degradation ad pollution, ecological imbalances, depletion of
resources etc. can be approached and solved only after considering the value
judgments which may be determined by taking into account the consequences of
‘environmental improvement program on the entire society and society’s response
towards the improvement program. Actually all these depend on the interest and desire
of the society in improving the quality of environment.
The interaction between environment and society depends largely on the social
and political system. Even the capitalistic and socialistic systems perceptions and
reactions to the environment are quite different. The differential interactions are due to
uneven distribution of natural resources, uneven economic and social development,

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dissimilarity of demographic factors, varying view points of the governments and

individuals towards environment etc.
Continuous and exceedingly increasing rate of rapacious exploitation of natural
resources, industrialization, technological growth, unplanned urbanization and profit
oriented capitalism by the developed western world are responsible for grave
environmental crisis and ecological imbalance not confined to their own countries but to
the whole world.
The socialistic system of government gives more emphasis on the social
importance of natural resources and environmental problems and the urgent need to
tackle, these problems. Marxism preaches to organize society’s control over the
rapacious exploitation of natural resources and to develop harmony between man and
nature. The emphasis on rational exploitation of natural resources and ecological
balance was in the constitution of USSR.
The changes in the relationship between man and environment depend upon the
change in organization and attitude of society. To improve environmental standard and
to maintain ecological balance, the followings are some issues before the present
civilized society.
1. Rapid population explosion: Puts tremendous pressure on the natural
resources and environmental quality. This is due to the fact that population
growth leads to poverty which directly or indirectly declines the environmental
standard.
2. Rational use of non-polluted water resources: The restoration of water
qualityof our water bodies and their optimum uses are the challenges before the
present society.
3. To sustain and increase agricultural growth: Without damaging
environment.The over cultivation of soil, results in nutrient deficiency, lack of
organic matter, soil salinity and damage to physical structure of the soil.
4. To check soil erosion: The soil erosion can be prevented by the
restoration ofland or soil resources which are directly or indirectly related to
strategies for the management of land, water and forest.
5. Restoration of forest resources: The forest resources are depleting at a
veryfaster rate in order to meet growing need of timber and farmland for the
increased population. Vast forest areas have been converted into barren waste
lands. So it is the need of the present society to restore our forest resources
possibly through social forestry and afforestation programs.
6. To check pollution: The overexploitation of natural resources. Intervention
ofbio-geochemical cycles and trace element cycle, extraneous release of matter
and energy etc. cause serious environmental hazards.
In addition, continuous green-house gas emission, hazardous chemicals of industry and
agriculture, nuclear

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arsenals: radioactive wastes and biotechnological misuse lead to global catastrophism.

So the prevention of pollution is of prime importance for the present society.
Considering the above issues, it is clear that the fate of human being depends on how
he is managing and overcoming the above problems.
Meanings of Environment
Environment is everything that is around us. It can be living or non-living things.
It includes physical, chemical and other natural forces. Living things live in their
environment. They constantly interact with it and adapt themselves to conditions in
their environment.
Environment is the sum total of all surroundings of a living organism, including
natural forces and other living things. Both biotic and abiotic components form
environment. These two components interact with each other and they are
interdependent. The environment consists of the interactions among plants, animals,
soil, water, temperature, light, and other living and non-living things.
Environment Can Be Categorized as:
1. Built Environment
2. Natural Environment
3. Social Environment
Built Environment
The term built environment refers to the human-made surroundings that provide
the setting for human activity. The built environment encompasses places and spaces
created or modified by people including buildings, parks or green spaces, and
supporting infrastructures, such as water supply, or energy networks, transportation
systems etc.
Built environment is shaped by:
1. Climate and geology
2. Economy
3. Government
4. Culture and fashion
5.Technology
6. Customers
Natural Environment
The natural environment includes all living and non-living things occurring
naturally on Earth. Natural environment is often used as a synonym for habitat. For
instance, when we say that, the natural environment of giraffes is the savanna.

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Composition Natural Environment

1. The Lithosphere: The lithosphere is the rigid outermost shell of a rocky planet
definedon the basis of the mechanical properties.
2. The Hydrosphere: The hydrosphere refers to the combined mass of water found
on,under, and over the surface of the planet. Ocean, rivers, lakes, ponds and as a
whole all the water body of the earth.
3. The Atmosphere: The atmosphere of Earth is a layer of gases surrounding the
planetEarth that is retained by Earth’s gravity. The atmosphere protects life on Earth by
absorbing ultraviolet solar radiation, warming the surface through greenhouse effect,
and reducing temperature extremes between day and night.
4. The Biosphere: The biosphere is the global sum of all ecosystems. It can also
betermed the zone of life on Earth, a closed system and largely self-regulating. The
biosphere is the global ecological system integrating all living beings and their
relationships
Social Environment
The social environment refers to the immediate physical and social setting in
which people live or in which something happens or develops. It includes the culture
that the individual was educated or lives in, and the people and institutions with whom
they interact. The interaction may be in person or through communication media, even
anonymous or one-way and may not imply equality of social status. Social environment
includes culture, language, social condition, health, profession, living condition,
economic capability of the people in a certain area
Some possible ways of tackling the problems and maintaining environmental
standard
1. Taking effective measures for population control.
2. Optimum use of natural resources.
3. Conserving and protecting biodiversity.
4. Creating public awareness about the benefits and implications of environment.
5. Giving top priority for environmental protection.
6. Developing ecofriendly technological processes.
7. Promoting sustainable agriculture which will not harm the environment.
8. Using bio-fertilizer or ecofriendly fertilizers.
9. Using minimum amount of pesticides and insecticides.
10. Developing waste land by adopting afforestation programs.
11. Developing suitable biotechnology to clean up hazardous wastes in theenvironment.

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12. Choosing suitable technique to treat the pollutants before their discharge
intoenvironment.
Human-Environmental Interactions
Human Environmental Interactions can be defined as interactions between the
human social system and (the “rest” of) the ecosystem.
Human social systems and ecosystems are complex adaptive systems(Marten,
2001). Complex because ecosystems and human social systems have many parts and
many connections between these parts. Adaptive because they have feedback
structures that promote survival in a constantly changing environment.
Human social system
In order to analyze Human Environmental Interactions it is important to be aware
of specific characteristics of the human social system. The type of society strongly
influences people’s attitude towards nature, their behavior and therefore their impact on
ecosystems. Important characteristics of human social systems are population size,
social organization, values, technology, wealth, education, knowledge and many more.
Especially values and knowledge strongly influence peoples “view of life” and
consequently define the way people act. The choice of possible actions is then limited
by the available technology.
People modify the environment for their purposes and obtain benefits
(Ecosystem Services) from it. These Ecosystem Services are essential for human
wellbeing and include for example the provision of resources like water, timber, food,
energy, information, land for farming and many more. Obviously by using these
resources people affect the environment in a lot of ways. Furthermore people often
reorganize existing ecosystems to achieve new ones that seem to be more effective in
serving their needs.
Millenium Ecosystem Assessment

MA analyzed how Ecosystem Services and constituents of human well-being are
interlinked. The MA research programme was launched with support from the United
Nations in 2001.

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Coevolution and Coadaptation

The terms coevolution and coadaptation describe the never-ending process of
mutual adjustment and change between human social systems and the environment.
People actions have consequences on the environment. But also the environment
influences human activities. Human social systems have to adapt to their specific
environment. Natural phenomena like storms, earthquakes force people to react. These
natural phenomena can either be directly or not primarily caused by human actions and
again influence human behavior as people have to respond to a new situation.
Drivers-Pressures-State-Impact-Response
The Drivers-Pressures-State-Impact-Response (DPSIR) model was originally
developed by the European Environmental Agency(EEA)and is used to assess and
manage environmental problems. Many national and European institutions adopted this
conceptual framework. It identifies the various causal chains of links between human
activities and environmental degradation. The model distinguishes several categories of
indicators in order to explain how the state of the environment is changed due to human
activities. Human

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activities increase or mitigate pressure on the environment. The driving forces which
initiate human activities are mainly socio-economic and sociocultural forces.
The following graphic explains the DPSIR process:
Human impact on the environment or anthropogenic impact on the environment

includes changes to biophysical environments and ecosystems, biodiversity, and natural
resources caused directly or indirectly by humans, including global warming,
environmental degradation (such as ocean acidification),mass extinction and
biodiversity loss, ecological crises, and ecological collapse.
Modifying the environment to fit the needs of society is causing bad effects,
which become worse as the problem of human overpopulation continues. Some human
activities that cause damage (either directly or indirectly) to the environment on a global
scale include human reproduction, overconsumption, overexploitation, pollution, and
deforestation, to name but a few. Some of the problems, including global warming and
biodiversity loss pose an existential risk to the human race, and overpopulation causes
those problems.
The term anthropogenic designates an effect or object resulting from human
activity. The term was first used in the technical sense by Russian geologist Alexey
Pavlov, and it was first used in English by British ecologist Arthur Tansley in reference

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to human influences on climax plant communities. The atmospheric scientist Paul

Crutzen introduced the term 《Anthropocene” in the mid-1970s. The term is sometimes
used in the context of pollution emissions that are produced from human activity but
also applies broadly to all major human impacts on the environment. Causes
Human overpopulation
Human overpopulation & Effects of human overpopulation
David Attenborough described the level of human population on the planet as a
multiplier of all other environmental problems. In 2013,he described humanity as «a
plague on the Earth» that needs to be controlled by limiting population growth. Some
deep ecologists, such as the radical thinker and polemicist Pentti Linkola, see human
overpopulation as a threat to the entire biosphere. In 2017, over 15,000 scientists
around the world issued a second warning to humanity which asserted that rapid human
population growth is the «primary driver behind many ecological and even societal
threats.》
Overconsumption
Overconsumption is a situation where resource use has outpaced the
sustainable capacity of the ecosystem. A prolonged pattern of overconsumption leads to
environmental degradation and the eventual loss of resource bases.
Technology
The applications of technology often result in unavoidable and unexpected
environmental impacts, which according to the l = PAT equation is measured as
resource use or pollution generated per unit GDP. Environmental impacts caused by the
application of technology are often perceived as unavoidable for several reasons. First,
given that the purpose of many technologies is to exploit, control, or otherwise “improve”
upon nature for the perceived benefit of humanity while at the same time the myriad of
processes in nature have been optimized and are continually adjusted by evolution, any
disturbance of these natural processes by technology is likely to result in negative
environmental consequences. Second, the conservation of mass principle and the first
law of thermodynamics (i.e., conservation of energy) dictate that whenever material
resources or energy are moved around or manipulated by technology, environmental
consequences are inescapable. Third, according to the second law of thermodynamics,
order can be increased within a system (such as the human economy) only by
increasing disorder or entropy outside the system (i.e.,the environment). Thus,
technologies can create “order” in the human economy (i.e., order as manifested in
buildings, factories, transportation networks, communication systems, etc.) only at the
expense of increasing “disorder” in the environment. According to a number of studies,
increased entropy is likely to be correlated to negative environmental impacts.
Agriculture
Environmental impact of agriculture

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The environmental impact of agriculture varies based on the wide variety of

agricultural practices employed around the world. Ultimately, the environmental impact
depends on the production practices of the system used by farmers. The connection
between emissions into the environment and the farming system is indirect, as it also
depends on other climate variables such as rainfall and temperature.
There are two types of indicators of environmental impact: “means-based”, which
is based on the farmer’s production methods, and “effect-based”, which is the impact
that farming methods have on the farming system or on emissions to the environment.
An example of a means-based indicator would be the quality of groundwater that is
affected by the amount of nitrogen applied to the soil. An indicator reflecting the loss of
nitrate to groundwater would be effect-based. The environmental impact of agriculture
involves a variety of factors from the soil, to water, the air, animal and soil diversity,
plants, and the food itself. Some of the environmental issues that are related to
agriculture are climate change, deforestation, genetic engineering, irrigation problems,
pollutants, soil degradation, and waste.
Fishing - Environmental impact of fishing
Fishing down the foodweb
The environmental impact of fishing can be divided into issues that involve the
availability of fish to be caught, such as overfishing, sustainable fisheries, and fisheries
management; and issues that involve the impact of fishing on other elements of the
environment, such as by-catch and destruction of habitat such as coral reefs.
These conservation issues are part of marine conservation, the world population
grows.
Similar to other environmental issues, there can be conflict between the
fishermen who depend on fishing for their livelihoods and fishery scientists who realize
that if future fish populations are to be sustainable then some fisheries must reduce or
even chose.
The journal Science published a four-year study in November 2006,which
predicted that, at prevailing trends, the world would run out of wild-caught seafood in
2048.The scientists stated that the decline was a result of overfishing, pollution and
other environmental factors that were reducing the population of fisheries at the same
time as their ecosystems were being degraded. Yet again the analysis has met criticism
as being fundamentally flawed, and many fishery management officials, industry
representatives and scientists challenge the findings, although the debate continues.
Many countries, such as Tonga, the United States, Australia and New Zealand, and
international management bodies have taken steps to appropriately manage marine
resources.
Irrigation – Environmental impact of irrigation
The environmental impact of irrigation includes the changes in quantity and
quality of soil and water as a result of irrigation and the ensuing effects on natural and
social conditions at the tail-end and downstream of the irrigation scheme.

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The impacts stem from the changed hydrological conditions owing to the
installation and operation of the scheme.
An irrigation scheme often draws water from the river and distributes it over the
irrigated area. As a hydrological result it is found that:
• The downstream river discharge is reduced
• The evaporation in the scheme is increased
• The groundwater recharge in the scheme is increased  The level of the
water table rises  The drainage flow is increased.
These may be called direct effects.
Effects on soil and water quality are indirect and complex, and subsequent
impacts on natural, ecological and socio. Economic conditions are intricate. In some,
but not all instances, water logging and soil salinization can result. However, irrigation
can also be used, together with soil drainage, to overcome soil salinization by leaching
excess salts from the vicinity of the root zone. Irrigation can also be done extracting
groundwater by (tube)wells. As a hydrological result it is found that the level of the water
descends. The effects may be water mining, land/soil subsidence, and, along the coast,
saltwater intrusion.
Irrigation projects can have large benefits, but the negative side effects are often
overlooked. Agricultural irrigation technologies such as high powered water pumps,
dams, and pipelines are responsible for the large-scale depletion of fresh water
resources such as aquifers, lakes, and rivers. As a result of this massive diversion of
freshwater, lakes, rivers, and creeks are running dry, severely altering or stressing
surrounding ecosystems, and contributing to the extinction of many aquatic species.
Agricultural land loss and soil erosion
Lal and Stewart estimated global loss of agricultural land by degradation and
abandonment at 12 million hectares per year. In contrast, according to Scherr, GLASOD
(Global Assessment of Human-Induced Soil Degradation, under the UN Environment
Programme) estimated that 6 million hectares of agricultural land per year had been lost
to soil degradation since the mid-1940s, and she noted that this magnitude is similar to
earlier estimates by Dudal and by Rozanov et al. Such losses are attributable not only
to soil erosion, but also to salinization, loss of nutrients and organic matter, acidification,
compaction, water logging and subsidence! Human-induced land degradation tends to
be particularly serious in dry regions. Focusing on soil properties, Oldeman estimated
that about 19 million square kilometers of global land area had been degraded; Dregne
and Chou, who included degradation of vegetation cover as well as soil, estimated
about 36 million square kilometers degraded in the world’s dry regions. Despite
estimated losses of agricultural land, the amount of arable land used in crop production
globally increased by about 9% from 1961 to 2012, and is estimated to have been 1.396
billion hectares in 2012.
Global average soil erosion rates are thought to be high, and erosion rates on
conventional cropland

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generally exceed estimates of soil production rates, usually by more than an order
based, and estimation uses the Universal Soil Loss Equation and Wind Erosion
Equation. For 2010,annual average soil loss by sheet ill and wind erosion on non
federal u land was estimate to be 10.7 t/ha on cropland and 1.9 t/ha on pasture land;
the average soil erosion rate on US cropland had been reduced by about 34% since
1982.!No-till and low-till practices have become increasingly common on North
American cropland used for production of grains such as wheat and barley. On
uncultivated cropland, the recent average total soil loss has been 2.2 t/ha per year. In
comparison with agriculture using conventional cultivation, it has been suggested that,
because no-till agriculture produces erosion rates much closer to soil production rates, it
could provide a foundation for sustainable agriculture.
Meat production – Environmental impact of meat production
Environmental impacts associated with meat production include use of fossil

energy, water and land resources, greenhouse gas emissions, and in some instances,
rainforest clearing, water pollution and species endangerment, among other adverse
effects. Steinfeld et al. of the FAO estimated that 18% of global anthropogenic GHG
(greenhouse gas) emissions (estimated as 100-year carbon dioxide equivalents) are
associated in some way with livestock production. A more recent FAO analysis
estimated that all agriculture, including the livestock sector, in 2011 accounted for 12%
of global anthropogenic GHG emissions expressed as 100-year carbon dioxide
equivalents. Similarly, the Intergovernmental Panel on Climate Change has estimated
that about 10 to 12% of global anthropogenic GHG emissions (expressed as 100-year
carbon dioxide equivalents) were assignable to all of agriculture, including the livestock
sector, in 2005 and again in 2010. The percentage assignable to livestock would be
some fraction of the percentage for agriculture. The amount assignable to meat
production would be some fraction of that assigned to livestock. FAO data indicate that
meat accounted for 26% of global livestock product tonnage in 2011.However, many
estimates use different sectoral assignment of some emissions. Environmental
specialists Jeff Anhang and Robert Goodland with the IFC and World Bank have put the
GHG associated with livestock at 51%,pointing out the have put the GHG associated
with livestock at 51%, pointing out the FAO report failed to account for the 8,769 metric
tons of respiratory CO2 produced each year, under counted methane production and
land use associated with livestock, and failed to properly categorize emissions related to
the slaughtering, processing, packaging, storing and transporting of animals and animal
products.
Globally, enteric fermentation (mostly in ruminant livestock) accounts for about
27% of anthropogenic methane emissions, Despite methane’s 100-year global warming
potential, recently estimated at 28 without and 34 with climate carbon feedbacks,
methane emission is currently contributing relatively little to global warming. Over the
decade 2000 through 2009, atmospheric methane content increased by an average of
only 6 Tg per year (because nearly all natural and anthropogenic methane emission
was offset by degradation), while atmospheric carbon dioxide increased by nearly
15,000 Tg per year. At the currently estimated rate of methane degradation, slight

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reduction of anthropogenic methane emissions, to about 98% of that decade’s average,

would be expected to result in no further increase of atmospheric methane content.
Although reduction of methane emissions would have a rapid effect on warming, the
expected effect would be small. Other anthropogenic GHG emissions associated with
livestock production include carbon dioxide from fossil fuel consumption (mostly for
production, harvesting and transport of feed), and nitrous oxide emissions associated
with use of nitrogenous fertilizers, growing of nitrogen-fixing legume vegetation and
manure management. Management practices that can mitigate GHG emissions from
production of livestock and feed have been identified.
Palm oil
Palm oil, produced from the oil palm, is a basic source of income for many
farmers in Southeast Asia, Central and West Africa, and Central America. It is locally
used as a cooking oil, exported for use in many commercial food and personal care
products and is converted into biofuel. It produces up to 10 times more oil per unit area
as soyabeans, rapeseed or sunflowers. Oil palms produce 38% of vegetable oil output
on 5% of the world’s vegetable-oil farmland. Palm oil is under increasing scrutiny in
relation to its effects on the environment.
Introductions and invasive species
Introductions of species, particularly plants into new areas, by whatever means
and for whatever reasons have brought about major and permanent changes to the
environment over large areas. Examples include the introduction of Caulerpa taxifolia
into the Mediterranean, the introduction of oat species into the California grasslands,
and the introduction of privet, kudzu, and purple loosestrife to North America. Rats,
cats, and goats have radically altered biodiversity in many islands. Additionally,
introductions have resulted in genetic changes to native fauna where interbreeding has
taken place, as with buffalo with domestic cattle, and wolves with domestic dogs.
Energy industry- Environmental impact of the energy industry
The environmental impact of energy harvesting and consumption is diverse. In
recent years there has been a trend towards the increased commercialization of various
renewable energy sources.
In the real world, consumption of fossil fuel resources leads to global warming
and climate change. However, little change is being made in many parts of the world. If
the peak oil theory proves true, more explorations of viable alternative energy sources,
could be more friendly to the environment.
Rapidly advancing technologies can achieve a transition of energy generation,
water and waste management, and food production towards better environmental and
energy usage practices using methods of systems ecology and industrial ecology.
Biodiesel-Environmental impact of biodiesel
The environmental impact of biodiesel includes energy use, greenhouse gas
emissions and some other kinds of pollution. A joint life cycle analysis by the US
Department of Agriculture

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and the US Department of Energy found that substituting 100% biodiesel for petroleum
diesel in buses reduced life cycle consumption of petroleum by 95%. Biodiesel reduced
net emissions of carbon dioxide by 78.45%, compared with petroleum diesel. In urban
buses, biodiesel reduced particulate emissions 32 percent, carbon monoxide emissions
35 percent, and emissions of sulfur oxides 8%, relative to life cycle emissions
associated with use of petroleum diesel. Life cycle emissions of hydrocarbons were
35% higher and emission of various nitrogen oxides (NOx)were 13.5% higher with
biodiesel. Life cycle analyses by the Argonne National Laboratory have indicated
reduced fossil energy use and reduced greenhouse gas emissions with biodiesel,
compared with petroleum diesel use. Biodiesel derived from various vegetable oils (e.g.
canola or Soybean oil), is readily biodegradable in the environment compared with
petroleum diesel.
Coal mining and burning - Environmental impact of coal mining and burning
The environmental impact of coal mining and- burning is diverse. Legislation
passed by the US Congress in 1990 required the United States Environmental
Protection Agency (EPA) to issue a plan to alleviate toxic air pollution from coal-fired
power plants. After delay and litigation, the EPA now has a court-imposed deadline of
March 16, 2011, to issue its report.
Electricity generation – Environmental impact of electricity generation
The environmental impact of electricity generation is significant because modern
society uses large amounts of electrical power. This power is normally generated at
power plants that convert some other kind of energy into electricity. Each such system
has advantages and disadvantages, but many of them pose environmental concerns.
Nuclear power – Environmental impact of nuclear power
The environmental impact of nuclear power results from the nuclear fuel cycle
processes including mining, processing, transporting and storing fuel and radioactive
fuel waste. Released radioisotopes pose a health danger to human populations,
animals and plants as radioactive particles enter organisms through various
transmission routes.
Radiation is a carcinogen and causes numerous effects on living organisms and
systems. The environmental impacts of nuclear power plant disasters such as the
Chernobyl disaster the Fukushima Daiichi nuclear disaster and the Three Mile Island
accident, among others, persist indefinitely, though several other factors contributed to
these events including improper management of fail safe systems and natural disasters
putting uncommon stress on the generators. The radioactive decay rate of particles
varies greatly, dependent upon the nuclear properties of a particular isotope.
Radioactive Plutonium-244 has a half-life of 80.8 million years, which indicates the time
duration required for half of a given sample to decay, though very little plutonium-244 is
produced in the nuclear fuel cycle and lower half-life materials have lower activity thus
giving off less dangerous radiation.
Oil shale industry- Environmental impact of the oil shale industry

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The environmental impact of the oil shale industry includes and water and air
pollution caused by the extraction and processing of oil shale. Surface mining of oil
shale deposits causes the usual environmental impacts of open-pit mining. In additions
the combustion and thermal processing generate waste material, which must be
disposed of, and harmful atmospheric emissions, including carbon dioxide, a major
greenhouse gas. Experimental in-situ conversion processes and carbon capture and
storage technologies may reduce some of these concerns in future, but may raise
others, such as the pollution of groundwater.
Petroleum- Environmental impact of petroleum
The environmental impact of petroleum is often negative because it is toxic to
almost all forms of life. Petroleum, a common word for oil or natural gas, is closely
linked to virtually all aspects of present society, especially for transportation and heating
for both homes and for commercial activities.
Reservoirs – Environmental impact of reservoirs
The environmental impact of reservoirs is coming under ever increasing scrutiny
as the world demand for water and energy increases and the number and size of
reservoirs increases.
Dams and the reservoirs can be used to supply drinking water, generate
hydroelectric power, increasing the water supply for irrigation, provide recreational
opportunities and flood control. However, adverse environmental and sociological
impacts have also been identified during and after many reservoir constructions.
Although the impact varies greatly between different dams and reservoirs, common
criticisms include preventing sea-run fish from reaching their historical mating grounds,
less access to water downstream, and a smaller catch for fishing communities in the
area. Advances in technology have provided solutions to many negative impacts of
dams but these advances are often not viewed as worth investing in if not required by
law or under the threat of fines. Whether reservoir projects are ultimately beneficial or
detrimental-to both the environment and surrounding human populations-has been
debated since the 1960s and probably long before that. In 1960 the construction of Llyn
Celynand the flooding of Capel Celyn provoked political uproar which continues to this
day. More recently the construction of Three Gorges Dam and other similar project
throughout Asia, Africa, and Latin America have generated considerable environmental
and political debate.
Wind power- Environmental impact of wind power
Compared to the environmental impact of traditional energy sources, the
environmental impact of wind power is relatively minor. Wind powered electricity
generation consumes no fuel, and emits no air pollution, unlike fossil fuel power
sources. The energy consumed to manufacture and transport the materials used to
build a wind power plant is equal to the new energy produced by the plant within a few
months. While a wind farm may cover a large area of land, many land uses such as
agriculture are

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compatible, with only small areas of turbine foundations and infrastructure made
unavailable for use. There are reports of bird and bat mortality at wind turbines, as there
are around other artificial structures. The scale of the ecological impact mayor may not
be significant, depending on specific circumstances. Prevention and mitigation of wildlife
fatalities, and protection of peat bogs, affect the siting and operation of wind turbines.
There are conflicting reports about the effects of noise on people who live very
close to a wind turbine.
Light pollution – Ecological light pollution
Artificial light at night is one of the most obvious physical changes that humans
have made to the biosphere, and is the easiest form of pollution to observe from space.
The main environmental impacts of artificial light are due to light’s use as an information
source (rather than an energy source). The hunting efficiency of visual predators
generally increases under artificial light, changing predator prey interactions. Artificial
light also affects dispersal, orientation, migration, and hormone levels, resulting in
disrupted circadian rhythms.
Manufactured products
Cleaning agents – Environmental impact of cleaning agents
The environmental impact of cleaning agents is diverse. In recent years,
measures have been taken to reduce these effects.
Nanotechnology- Nanotechnology’s environmental impact can be split into two
aspects: the potential for nanotechnological innovations to help improve the
environment, and the possibly novel type of pollution that nanotechnological materials
might cause if released into the environment. As nanotechnology is an emerging field,
there is great debate regarding to what extent industrial and commercial use of
nanomaterials will affect organisms and ecosystems.
(“nanotech”) is manipulation of matter on an atomic, molecular, and
supramolecular scale. The earliest, widespread description of nanotechnology referred
to the particular technological goal of precisely manipulating atoms and molecules for
fabrication of macroscale products, also now referred to as molecular nanotechnology.
Paint- The environmental impact of paint is diverse. Traditional painting materials
and processes can have harmful effects on the environment, including those from the
use of lead and other additives. Measures can be taken to reduce environmental
impact, including accurately estimating paint quantities so that wastage is minimized,
use of paints, coatings, painting accessories and techniques that are environmentally
preferred. The United States Environmental Protection Agency guidelines and Green
Star ratings are some of the standards that can be applied.
Paper- Environmental impact of paper
The environmental impact of paper is significant, which has led to changes in
industry and behavior at both business and personal levels. With the use of modern
technology such as the printing press and the highly mechanized harvesting of wood,

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paper has become a cheap commodity. This has led to a high level of consumption and
waste. With the rise in environmental awareness due to the lobbying by environmental
organizations and with increased government regulation there is now a trend towards
sustainability in the pulp and paper industry.
Plastics- Plastic § Environmental effects
Some scientists suggest that by 2050 there could be more plastic than fish in the
oceans.
Pesticides-_The environmental impact of pesticides is often greater than what is
intended by those who use them. Over 98% of sprayed insecticides and 95% of
herbicides reach a destination other than their target species, including non-target
species, air, water, bottom sediments, and food. Pesticide contaminates land and water
when it escapes from production sites and storage tanks, when it runs off from fields,
when it is discarded, when it is sprayed aerially, and when it is sprayed into water to kill
algae. The amount of pesticide that migrates from the intended application area is
influenced by the particular chemical’s properties: its propensity for binding to soil, its
vapor pressure, its water solubility, and its resistance to being broken down over time.
Factors in the soil, such as its texture, its ability to retain water, and the amount of
organic matter contained in it, also affect the amount of pesticide that will leave the
area. Some pesticides contribute to global warming and the depletion of the ozone
layer.
Pharmaceuticals and personal care products– Environmental impact of
pharmaceuticals and personal care products
The environmental impact of pharmaceuticals and personal care products
(PPCPs) is largely speculative. PPCPs are substances used by individuals for personal
health or cosmetic reasons and the products used by agribusiness to boost growth or
health of livestock. PPCPs have been detected in water bodies throughout the world.
The effects of these chemicals on humans and the environment are not yet known, but
to date there is no scientific evidence that they affect human health.
Mining- Environmental impact of mining
The environmental impact of mining includes erosion, formation of sinkholes, loss
of biodiversity, and contamination of soil, groundwater and surface water by chemicals
from mining processes. In some cases, additional forest logging is done in the vicinity of
mines to increase the available room for the storage of the created debris and soil.
Besides creating environmental damage, the contamination resulting from leakage of
chemicals also affect the health of the local population. Mining companies in some
countries are required to follow environmental and rehabilitation codes, ensuring the
area mined is returned to close to its original state. Some mining methods may have
significant environmental and public health effects.
Transport- Environmental impact of transport
The environmental impact of transport is significant because it is a major user of
energy, and burns most of

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the world’s petroleum. This creates air pollution, including nitrous oxides and
particulates, and is a significant contributor to global warming through emission of
carbon dioxide, for which transport is the fastest-growing emission sector. By subsector,
road transport is the largest contributor to global warming. Environmental regulations in
developed countries have reduced the individual vehicles emission; however, this has
been offset by an increase in the number of vehicles, and more use of each vehicle.
Some pathways to reduce the carbon emissions of road vehicles considerably have
been studied. Energy use and emissions vary largely between modes, causing
environmentalists to call for a transition from air and road to rail and human-powered
transport, and increase transport electrification and energy efficiency.
Aviation- Environmental impact of aviation
The environmental impact of aviation occurs because aircraft engines emit noise,
particulates, and gases which contribute to climate change and global dimming. Despite
emission reductions from automobiles and more fuel-efficient and less polluting turbofan
and turboprop engines, the rapid growth of air travel in recent years contributes to an
increase in total pollution attributable to aviation. In the EU, greenhouse gas emissions
from aviation increased by 87% between 1990 and 2006. Among other factors leading
to this phenomenon are the increasing number of hypermobile travellers and social
factors that are making air travel commonplace, such as frequent flyer programs. There
is an ongoing debate about possible taxation of air travel and the inclusion of aviation in
an emissions trading scheme, with a view to ensuring that the total external costs of
aviation are taken into account.
Roads – Environmental impact of roads
The environmental impact of roads includes the local effects of highways (public
roads) such as on noise, light pollution, water pollution, habitat destruction/disturbance
and local air quality; and the wider effects including climate change from vehicle
emissions. The design, construction and management of roads, parking and other
related facilities as well as the design and regulation of vehicles can change the impacts
to varying degrees.
Shipping- The environmental impact of shipping includes greenhouse gas
emissions and oil pollution. In 2007, carbon dioxide emissions from shipping were
estimated at 4 to 5% of the global total, and estimated by the International Maritime
Organisation (IMO) to rise by up to 72% by 2020 if no action is taken. There is also a
potential for introducing invasive species into new areas through shipping, usually by
attaching themselves to the ship>s hull.
The First Intersessional Meeting of the IMO Working Group on Greenhouse Gas
Emissions from Ships took place in Oslo, Norway on 23-27 June 2008. It was tasked
with developing the technical basis for the reduction mechanisms that may form part of
a future IMO regime to control greenhouse gas emissions from international shipping,
and a draft of the actual reduction mechanisms themselves, for further consideration by
IMO’s Marine Environment Protection Committee (MEPC).

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Military- General military spending and military activities have marked

environmental effects. The United States military is considered one of the worst
polluters in the world, responsible for over 39,000 sites contaminated with hazardous
materials. Several studies have also found a strong positive correlation between higher
military spending and higher carbon emissions where increased military spending has a
larger effect on increasing carbon emissions in the Global North than in the Global
South. Military activities also affect land use and are extremely resource-intensive. The
military does not solely have negative effects on the environment. There are several
examples of militaries aiding in land management, conservation, and greening of an
area. Additionally, certain military technologies have proven extremely helpful for
conservationists and environmental scientists.
War- Environmental impact of war
As well as the cost to human life and society, there is a significant environmental
impact of war. Scorched earth methods during, or after war have been in use for much
of recorded history but with modern technology war can cause a far greater devastation
on the environment. Unexploded ordnance can render land unusable for further use or
make access across it dangerous or fatal.
Environmental degradation effects - Environmental degradation
Human activity is causing environmental degradation, which is the deterioration of the
environment through depletion of resources such as air, water and soil; the destruction
of ecosystems; habitat destruction; the extinction of wildlife; and pollution. It is defined
as any change or disturbance to the environment perceived to be deleterious or
undesirable. As indicated by the l=PAT equation, environmental impact (I) or
degradation is caused by the combination of an already very large and increasing
human population (P), continually increasing economic growth or per capita affluence
(A), and the application of resource-depleting and polluting technology(T). Mass
extinction, defaunation, and decline in biodiversity
Ecological collapse
Biodiversity generally refers to the variety and variability of Life on Earth, and is
represented by the number of different species there are on the planet. Since its
introduction,Homo sapiens (the human species) has been killing off entire species either
directly (such as through hunting) or indirectly (such as by destroying Habitats), causing
the extinction of species at an alarming rate. Humans are the cause of the current mass
extinction, called the normal background rate. The Holocene extinction, driving
extinctions to 100 to 1000 times
Though most experts agree that human beings have accelerated the rate of
species extinction, some scholars have postulated without humans, the biodiversity of
the Earth would grow at an exponential rate rather than decline.
The Holocene extinction continues, with meat consumption, overfishing, ocean
acidification and the amphibian crisis being a few broader examples of an almost
universal, cosmopolitan

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decline in biodiversity. Human overpopulation (and continued population growth) along

with profligate consumption are considered to be the primary drivers of this rapid
decline. A 2017 statement by 15,364 scientists from 184 countries warned that, among
other things, this sixth extinction event unleashed by humanity could annihilate many
current life forms and consign them to extinction by the end of this century.
Defaunation is the loss of animals from ecological communities.
It is estimated that more than 50 percent of all wildlife has been lost in the last 40
years. It is estimated that by 2020, 68% of the world’s wildlife will be lost. In South
America, there is believed to be a 70 percent loss. A May 2018 study published in
PNAS found that 83% of wild mammals, 80% of marine mammals, 50% of plants and
15% of fish have been lost since the dawn of human civilization. Currently, livestock
make up 60% of all mammals on earth, followed by humans (36%) and wild mammals
(4%).
Death of coral reefs – Human impact on coral reefs
Because of human overpopulation, coral reefs are dying around the world. In
particular, coral mining, pollution (organic and non-organic), overfishing, blast fishing
and the digging of canals and access into islands and bays are serious threats to these
ecosystems. Coral reefs also face high dangers from pollution, diseases, destructive
fishing practices and warming oceans. In order to find answers for these problems,
researchers study the various factors that impact reefs. The list of factors is long,
including the ocean’s role as a carbon dioxide sink, atmospheric changes, ultraviolet
light, ocean acidification, biological virus, impacts of dust storms carrying agents to far
flung reefs, pollutants, algal blooms and others. Reefs are threatened well beyond
coastal areas.
General estimates show approximately 10% world’s coral reefs are already dead.
It is estimated that about 60% of the world’s reefs are at risk due to destructive,
humanrelated activities. The threat to the health of reefs is particularly strong in
Southeast Asia, where 80% of reefs are endangered.
Decline in amphibian populations
The decline in amphibian populations is an ongoing mass extinction of amphibian
species worldwide. Since the 1980s, decreases in amphibian populations, including
population crashes and mass localized extinctions, have been observed in locations all
over the world. These declines are known as one of the most critical threats to global
biodiversity, and several causes are believed to be involved, including disease, habitat
destruction and modification, exploitation, pollution, pesticide use, introduced species,
and ultraviolet-B radiation (UV-B). However, many of the causes of amphibian declines
are still poorly understood, and the topic is currently a subject of much ongoing
research. Calculations based on extinction rates suggest that the current extinction rate
of amphibians could be 211 times greater than the background extinction rate and the
estimate goes up to 25,000-45,000 times if endangered species are also included in the
computation.

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Global warming- Runaway climate change

Global warming is the result of increasing atmospheric carbon dioxide
concentrations which is caused primarily by the combustion of fossil energy sources
such as petroleum, coal, and natural gas, and to an unknown extent by destruction of
forests, increased methane, volcanic activity and cement production. Such massive
alteration of the global carbon cycle has only been possible because of the availability
and deployment of advanced technologies, ranging in application from fossil fuel
exploration, extraction, distribution, refining, and combustion in power plants and
automobile engines and advanced farming practices. Livestock contributes to climate
change both through the production of greenhouse gases and through destruction of
carbon sinks such as rain-forests. According to the 2006 United Nations/FAO
report,18% of all greenhouse gas emissions found in the atmosphere are due to
livestock. The raising of livestock and the land needed to feed them has resulted in the
destruction millions of acres of Rainforest and as global demand for meat rises, so too
will the demand for land. Ninety-one percent of all rainforest land deforested since 190 I
now used for livestock. Potential negative environmental impacts caused by increasing
atmospheric carbon dioxide concentrations are rising global air temperatures, altered
hydrogeological cycles resulting in more frequent and severe droughts, storms, and
flóods, as well as sea level rise and ecosystem disruption.
Habitat destruction-
A habitat is the natural place where plants, animals, or other organisms live; it is
where they call home. This is the living area necessary for an ecosystem to remain
healthy. Destruction means to change something so much that it can no longer exist as
it once was. So, when we put the two definitions together we get: habitat + destruction =
a home to species that has been changed to the point it no longer exists.
Habitat destruction occurs when enough change has happened to an area that
it can no longer support the natural wildlife. This change can actually be in many forms,
including destruction, fragmentation, and degradation. But no matter how it happens,
the plants, animals, and other organisms whose habitat has been destroyed no longer
have a home.
Another important term to know is ecosystem. An ecosystem is a group of
species that interact with each other in a living area. This living area is necessary for
their survival as a healthy ecosystem. This lesson describes types, causes, and effects
of destroying this living area.
Types of Habitat Destruction
There are different types of habitat destruction that can occur. Three main types
are actual destruction, fragmentation, and degradation. All three types of habitat
destruction can be just as lethal. Some take longer to completely destroy a habitat and
some destroy the habitat instantly. In this lesson, you will learn about what causes these
different types of habitat destruction.

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Causes of Habitat Destruction

Picture a bulldozer pushing its way through the woods, creating flat open land so
that a wooded area can be turned into a subdivision or office building. As the bulldozer
is knocking down trees, it is also crushing grasses and packing the ground super tight.
The bulldozer is not only killing the trees and other plants that it is running over, but it is
killing the living area of multiple species. This is just one example of habitat destruction,
known simply as destruction. Destruction is instant and the species have little to no time
to adapt. The animals must move if they are to survive at all. Plants must adapt to the
newly compacted land or find a way to disperse their seeds elsewhere.
Another example of instant destruction to habitats is when humans fill in
wetlands. We fill in wetlands usually to construct other buildings, such as work spaces
or houses. Sometimes it is the law that if you are filling in a wetland in one area, then
you must create a new wetland area somewhere else. However, wetlands are home to
some of the most diverse ecosystems and many species are destroyed in this process.
Mowing fields and cutting trees are other examples of instant habitat destruction.
Land degradation
Land degradation is a process in which the value of the biophysical environment
is affected by a combination of human-induced processes acting upon the land. It is
viewed as any change or disturbance to the land perceived to be deleterious or
undesirable. Natural hazards are excluded as a cause; however human activities can
indirectly affect phenomena such as floods and bush fires.
This is considered to be an important topic of the 21 st century due to the
implications land degradation has upon agronomic productivity, the environment, and its
effects on food security. It is estimated that up to 40% of the world>s agricultural land is
seriously degraded.
Desertification is a type of land degradation in which a relatively dry area of land
becomes a desert, typically losing its bodies of water as well as vegetation and wildlife.
It is caused by a variety of factors, such as through climate change (particularly the
current global warming) and through the overexploitation of soil through human activity.
When deserts appear automatically over the natural course of a planets life cycle, then
it can be called a natural phenomenon; however, when deserts emerge due to the
rampant and unchecked depletion of nutrients in soil that are essential for it to remain
arable, then a virtual «soil death» can be spoken of, which traces its cause back to
human overexploitation. Desertification is a significant global ecological and
environmental problem with far reaching consequences on socio-economic and political
conditions
Temporary Drought or Permanent Desert?
Desertification. The word invokes images of sand dunes blowing over
abandoned farms as some irresistible, dark force steadily transforms, fertile fields into
inhospitable wasteland. The United Nations’ official definition says desertification is land
degradation in typically dry areas resulting from various factors, including climatic

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variations and human activities. But for Prince and many other scientists studying
desertification, this definition is too broad. “The definition encompasses things like
drought, overgrazing, and inadvisable cropping,” says Prince. All of these conditions do
suppress the ability of the land to support plant growth. “But if it starts to rain and
vegetation returns, what do you call it?” Is the land still desertified?
Ocean acidification
Ocean Acidification (OA) is a term used to describe significant changes to the
chemistry of the ocean. It occurs when carbon dioxide gas (or CO2) is absorbed by the
ocean and reacts with seawater to produce acid.
Water degradation- is the misuse and also the pollution of water supplies.
Often, individuals throughout the world have to deal with either limited water supplies,
or polluted water, often causes by human actions.
Disruption of the nitrogen cycle– More and more, scientists are getting a
better grip on the nitrogen cycle. They are learning about sources of nitrogen and how
this element changes as it loops from the nonliving, such as the atmosphere, soil or
water, to the living, whether plants or animals. Scientists have determined that humans
are disrupting the nitrogen cycle by altering the amount of nitrogen that is stored in the
biosphere.

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Human impact on the nitrogen cycle- Of particular concern is N2O,which has an

average atmospheric lifetime of 114-120 years, and is 300 times more effective than
CO2 as a greenhouse gas. NOx produced by industrial processes, automobiles and
agricultural fertilization and NH3 emitted from soils (i.e., as an additional byproduct of
nitrification) and livestock operations are transported to downwind ecosystems,
influencing N cycling and nutrient losses. Six major effects of NO x and NH3 emissions
have been identified: decreased atmospheric visibility due to ammonium aerosols (fine
particulate matter [PM])
1.elevated ozone concentrations
2. ozone and PM affects human health (e.g. respiratory diseases, cancer)
3. increases in radiative forcing and global climate change 4. decreased
agricultural productivity due to ozone deposition
5. ecosystem acidification and eutrophication.
Effects on human health- Human impacts upon the environment, such as
pollution and global warming, in turn affect human health. Effects of global warming
on human health
This is an alphabetical list of environmental issues, harmful aspects of human
activity on the biophysical environment. As such, they relate to the anthropogenic
effects on the natural environment, which are loosely divided into causes, effects and
mitigation, noting that effects are interconnected and can cause new effects.
1. Human overpopulation-
a. Biocapacity
b. Carrying capacity
c. Exploitation
d. Industrialisation
e. |= PAT (equation, environmental impact (1) or degradation is caused
bythe combination of an already very large and increasing human
population (P), continually increasing economic growth or per capita
affluence(A), and the application of resource-depleting and polluting
technology(T).) f. Land degradation
g. Land reclamation
h. Optimum population
i. Overshoot (population)
j. Population density
k. Population dynamics

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I. Population growth
m. Projections of population growth
n. Total fertility rate
o. Urbanization
p. Waste
q. Water conflict
r. Water scarcity
s. Overdrafting
2. Hydrology- is the science that encompasses the occurrence, distribution,
movement and properties of the waters of the earth and their relationship with
the environment within each phase of the hydrologic cycle.
a. Environmental impacts of reservoirs
b. Tile drainage
c. Hydrology (agriculture)
d. Flooding
e. Landslide
3. Intensive farming-
a. Agricultural subsidy
b. Environmental effects of meat production
c. Intensive animal farming
d. Intensive crop farming
e. Irrigation
f. Monoculture
g. Nutrient pollution
h. Overgrazing
i. Pesticide drift
j. Plasticulture
k. Slash and burn
l. Tile drainage

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4. Land use-
a. Built environment
b. Desertification
c. Habitat fragmentation
d. Habitat destruction
e. Land degradation
f. Land pollution
g. Lawn-environmental concerns
h. Trail ethics
i. Urban heat island
j. Urban sprawl
5. Nanotechnology- Nanotechnology offers the potential for new and faster kinds
of computers, more efficient power sources and life-saving medical treatments.
Potential disadvantages include economic disruption and possible threats to security,
privacy, health and the environment.
6. Natural disasters- A natural disaster is a major adverse event resulting from
natural processes of the Earth;
a. floods,
b. hurricanes,
c. tornadoes,
d. volcanic eruptions,
e. earthquakes,
f. tsunamis,
g. other geologic processes.
7. Nuclear issues-
a. Nuclear fallout
b. Nuclear meltdown
c. Nuclear power
d. Nuclear weapons
e. Nuclear and radiation accidents
f. Nuclear safety
g. High-level radioactive waste management

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8. Ocean trash
Effects 1. Climate
change-
a. Global warming
b. Global dimming
c. Fossil fuels
d. Sea level rise
e. Greenhouse gas
f. Ocean acidification
g. Shutdown of thermohaline circulation
h. Environmental impact of the coal industry
i. Urban Heat Islands
j. Flooding
2. Environmental degradation-
a. Habitat destruction
b. Invasive species
3. Environmental health-
a. Air quality
b. Asthma
c. Birth defect
d. Developmental disability
e. endocrine disruptors
f. Environmental impact of the coal industry
g. Environmental impact of nanotechnology
h. Electromagnetic field·Electromagnetic radiation and health
i. Indoor air quality
j. Lead poisoning
k. LeukemiaI. Nanotoxicology
m. Nature deficit disorder
n. One Health

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o. Sick Building Syndrome

p. Environmental impact of hydraulic fracturing
4. Environmental issues with energy-
a. Environmental impact of the coal industry
b. Environmental impact of the energy industry
c. Environmental impact of hydraulic fracturing
5. Environmental issues with war
a. Agent Orange
b. Depleted Uranium
c. Military Superfund site (Category only)
d. Scorched earth
e. War and environmental law
f. Unexploded ordnance
6. Overpopulation-
a. Burial
b. Overpopulation in companion animals
c. Tragedy of the commons
d. Gender Imbalance in Developing Countries
e. Sub-replacement fertility levels in developed countries
7. Mutation breeding- Genetic pollution
8. Synthetic biology- Synthetic biology is the design and construction of new
biological entities such as enzymes, genetic circuits, and cells or the redesign of
existing biological systems.
9. Genetically modified food-
a. Genetically modified crops-
b. Genetically modified livestock
10. Pollution-
a. Nonpoint source pollution
b. Point source pollution
i. Air pollution- Environmental impact of the coal industry • Environmental
impact of hydraulic fracturing•Indoor air quality • Smog • Tropospheric
ozone • Volatile organic compound Atmospheric particulate matter CFC •
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Biological effects of UV exposure ii. Light pollution • Visual pollution iii.

Noise pollution
iv. Soil pollution-Alkali soil • Brownfield • Residual Sodium
CarbonateIndex • Soil conservation • Soil erosion • Soil contamination •
Soil salination • Superfund • Superfund sites
v. Water pollution- Acid rain • Agricultural runoff·Algal
bloom·Environmentalimpact of the coal industry·Environmental impact of
hydraulic fracturing·Eutrophication·Fish kill·Groundwater
pollution·Groundwater recharge·Marine debris·Marine pollution·Mercury in
fish·Microplastics·Nutrient pollution·Ocean acidification·Ocean
dumping·Oil spills·Soda lake·Ship pollution·Thermal pollution·Urban
runoff·Wastewater vi. Space debris·Interplanetary contamination *Ozone
depletion
Resource depletion-
 Exploitation of natural resources
 Overdrafting(groundwater)
 Overexploitation
Consumerism-
 Consumer capitalism
 Planned obsolescence
 Over-consumption Fishing-
 Blast fishing
 Bottom trawling
 Cyanide fishing
 Ghost nets
 lllegal, unreported and unregulated fishing
 Overfishing
 Shark finning
 Whaling
Logging-
 Clearcutting
 Deforestation
 Lllegal logging
Mining-
 Acid mine drainage
 Environmental impact of hydraulic fracturing
 Mountaintop removal mining

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 Slurry impoundments Water (depletion)-
 Anoxic waters
 Aral Sea
 California Water Wars
 Dead Sea
 Lake Chad
 Water scarcity
• Toxicants- Agent Orange • Asbestos • Beryllium • Bioaccumulation •
Biomagnification • Chlorofluorocarbons (CFCs) • Cyanide • DDT • Endocrine
disruptors • Explosives • Environmental impact of the coal industry • Herbicides •
Hydrocarbons • Per-chlorate • Pesticides • Persistent organic pollutant • PBBs •
PBDEs • Toxic heavy metals • PCB• Dioxin• Polycyclic aromatic hydrocarbons •
Radioactive contamination • Volatile organic compounds
• Waste- Electronic waste • Great Pacific Garbage Patch • lllegal dumping •
Incineration • Litter • Waste disposal incidents • Marine debris • Medical waste •
Landfill • Leachate • Toxic waste • Environmental impact of the coal industry •
Exporting of hazardous waste
Mitigation Conservation
1. Ecosystems- Anoxic waters • Biodiversity • Biosecurity • Coral bleaching •
Black carbon • Edge effect • Habitat destruction • Organic farming • Habitat
fragmentation • In-situ leach
2. Fishing- Blast fishing • Bottom trawling • By catch • Cetacean bycatch •

Gillnetting • Illegal, unreported and unregulated fishing • Environmental effects
of fishing • Marine pollution • Overfishing • Whaling
3. Forests- Clearcutting • Deforestation • lllegal logging • Trail ethics
4. Natural resources- Resource depletion • Exploitation of natural resources •

Steady-state economy
5. Species- Endangered species • Genetic diversity • Habitat destruction •
Holocene extinction • Invasive species • Poaching • Pollinator decline •
Species extinction • Threshold host density • Wildlife trade • Wildlife disease
6. Energy conservation- Efficient energy use- Carfree_city-Local food
7. Renewable energy- Renewable energy commercialization
8. Recreation- Protected areas
9. Water conservation- is the practice of using water efficiently to reduce
unnecessary water usage. According to Fresh Water Watch, water conservation
is important because fresh clean water is a limited resource, as well as a costly
one.

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Disaster mitigation- Disaster mitigation measures are those that eliminate or

reduce the impacts and risks of hazards through proactive measures taken before an
emergency or disaster occurs. One of the best known examples of investment in
disaster mitigation is the Red River Floodway.
A mitigation action is a specific action, project, activity, or process taken to
reduce or eliminate long-term risk to people and property from hazards and their
impacts…. The actions to reduce vulnerability to threats and hazards form the core of
the plan and are a key outcome of the planning process.
Mitigation- Ways To Reduce Damages From Future Disasters
 Develop and rehearse a family disaster plan-what to do if you are forced to leave
home.
 Include a communications plan-how to contact each other if you become
separated.
 When severe weather threatens, turn on your radio to a local station to stay
informed of imminent danger.
Purpose of Mitigation
Mitigation is a critical component of the EIA process. It aims to prevent adverse
impacts from happening and to keep those that do occur within an acceptable level.
Opportunities for impact mitigation will occur throughout the project cycle.
Importance of Mitigation
People also play an important role in reducing the impact from disasters by
understanding their own risks and taking actions to minimize potential damage from
hazards before they occur. Taking proactive steps to reduce risk, also known as
mitigation, helps reduce damage to homes and businesses and prevent loss of life.
Significance of Mitigation
Mitigation is significant in the following ways: It helps in preventing loss of lives
during disasters. It helps in controlling economic damages and losses to property. It
helps in minimizing the long term after-effects of a disaster that have their impact on
society.

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ACTIVITY 6
Instruction: Answer and explain briefly the following questions..

QUESTIONS:
1. What is the meaning of the word environment?
2. Enumerate possible ways of tackling the problems and maintaining
environmentalstandard
3. Explain the word biodiversity and give example
4. What are the causes of habitat destruction? Enumerate and explain each
5. What is disaster mitigation? Explain
6. Explain the term ozone depletion.
7. What are the three categories of environment? Explain each
8. What is human-environmental Interaction?
9. Enumerate ways that reduce damages from future disasters.
10. What do you mean by desertification?

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CHAPTER VI I
What is Environmental Law?
Environmental law, also known as environmental and natural resources law, is a

collective term describing the network of treaties, statutes, regulations, common and
customary laws addressing the effects of human activity on the natural environment.
The core environmental law regimes address environmental pollution. A related but
distinct set of regulatory regimes, now strongly influenced by environmental legal
principles, focus on the management of specific natural resources, such as forests,
minerals, or fisheries. Other areas, such as environmental impact assessment, may not
fit neatly into either category, but are nonetheless important components of
environmental law.
It is defined as a complex and interlocking body of statistics, common law,
treaties, conventions, regulations and policies, and it operate to regulate the
interaction of humanity and the rest of the biophysical or natural environment for
the purpose of reducing or minimizing the impacts of human activity, both on
natural environment for its own sake and on humanity itself.
What do environmental laws regulate?- Environmental laws cover a wide range of
topics including the following:
1. Air Quality- Air quality laws protect the air from pollution and may
includemeasures to protect the air from things like ozone depletion.
2. Water Quality- Environmental laws may protect water from pollution. They
mayalso determine who can use water and how to handle potential problems
like treating waste water and managing surface run off.
3. Waste Management- Municipal waste, hazardous substances and
nuclearwaste all fall in the category of waste management.
4. Contaminant Cleanup- Not all environmental law focuses on
preventingpollution. Contaminant cleanup deals with addressing pollution after
it happens. Laws may include protocols for cleanup as well as civil and
criminal punishment for polluters.
5. Chemical Safety- Chemical safety regulations manage things like pesticideuse
and chemicals in products like plastic bottles.
6. Hunting and fishing-Environmental laws may regulate and protect
wildlifepopulations. Lawmakers determine who can hunt and fish and how
these activities are regulated.
7. Major environmental legislation

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History of environmental law

Early examples of legal enactments designed to consciously preserve the
environment, for its own sake or human enjoyment, are found throughout history. In the
common law, the primary protection was found in the law of nuisance, but this only
allowed for private actions for damages or injunctions if there was harm to land. Thus
smells emanating from pig sties, strict liability against dumping rubbish, or damage from
exploding dams. Private enforcement, however, was limited and found to be woefully
inadequate to deal with major environmental threats, particularly threats to common
resources. During the “Great Stink” of 1858, the dumping of sewerage into the River
Thames began to smell so ghastly in the summer heat that Parliament had to be
evacuated. Ironically, the Metropolitan Commission of Sewers Act 1848 had allowed the
Metropolitan Commission for Sewers to close cesspits around the city in an attempt to
«clean up» but this simply led people to pollute the river. In 19 days, Parliament passed
a further Act to build the London sewerage system. London also suffered from terrible
air pollution, and this culminated in the “Great Smog” of 1952, which in turn triggered its
own legislative response: the Clean Air Act 1956.The basic regulatory structure was to
set limits on emissions for households and business (particularly burning coal) while an
inspectorate would enforce compliance.
Notwithstanding early analogues, the concept of “environmental law” as a
separate and distinct body of law is a twentieth-century development. The recognition
that the natural environment was fragile and in need of special legal protections, the
translation of that recognition into legal structures, the development of those structures
into a larger body of “environmental law,” and the strong influence of environmental law
on natural resource laws, did not occur until about the 1960s. At that time, numerous
influences - including a growing awareness of the unity and fragility of the biosphere;
increased public concern over the impact of industrial activity on natural resources and
human health; the increasing strength of the regulatory state; and more broadly the
advent and success of environmentalism as a political movement-coalesced to produce
a huge new body of law in a relatively short period of time. While the modern history of
environmental law is one of continuing controversy, by the end of the twentieth century
environmental law had been established as a component of the legal landscape in all
developed nations of the world, many developing ones, and the larger project of
international law.
From environmental law to environmental order
The concepts of economic order and social order are well-known; the term
environmental order is however largely unknown and is common neither as a set phrase
nor as a concept. By giving the examples of economic order and social order, however,
l am also giving some indication of the direction considerations surrounding
environmental order are taking: economic order, comprising private ownership of the
means of production and competition, and social order, marked by social justice and
social security, must be expanded to include environmental order so that the economic
system which prevails in Germany and in the European Union can, with justification, be
called a social and environmentally sound market economy. Environmental order,

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understood as the whole gamut of regulations and institutions serving the protection,
care and development of the natural foundations of human life, is geared towards the
sustainability and standardization of care of the environment. It is more than peripheral
short-term environmental protection effected on a case-by-case basis to ward off risks;
rather it means blanket, comprehensive and long-term protective care in line with the
enduring responsibility we bear for the world around us, for the world we share with
others and for the world of the generations to come.
The issue of whether and to what extent Germany is on the way to having
environmental order can be resolved by attempting to answer the following questions:
What is the role of legislation in protecting the environment and safeguarding man’s
natural foundations of existence? How has environmental legislation progressed since
1970 and what trends can be observed in modern German environmental law? How, at
the dawn of its fourth decade, can environmental law engender an environmental order
which not only realizes the national objective enshrined explicitly in the Basic Law, but
also is the characteristic feature of a market economy modelled on sustainable
development?
Law and care of the environment Environmental law: the “ecological nuancing” of
law
During and after the First World War, law was given an “economic nuance” and
thus became economic law; today environmental law has, with the newly created
concept of environment policy, been subsumed in giving an “ecological nuance” to legal
norms in public law, criminal law, private law and international law, designed to protect
and look after the natural foundations of human life, in other words care of the
environment. I prefer here to speak of care of the environment as opposed to
environmental protection since this term lays particular stress on structuring and
preventative aspects rather than on the warding-off of dangers. Traditional legal areas
such as water law and immission control law and more recent fields such as nature
conservation law are, under environmental law, linked to new regulatory areas such as
protection against hazardous substances and the environmental impacts of genetic
engineering, the avoidance, recovery and disposal of waste, soil protection, energy
saving, radiological protection and nuclear safety. On the whole, environmental law
gears legal provisions with an 《 ecological nuance» to the new-found objective of
protecting and caring for the environment, in other words the environmental media soil,
water and air, and flora and fauna including climate, landscape and the eco-balance as
well as the relationship between these sectors of the environment both among
themselves and with man.
Principles and functions of environmental law
Principle of prevention, polluter-pays principle, principle of cooperation
Environmental law gears human actions on the basis of the principle of
prevention, the polluter-pays principle and the principle of cooperation. What do these
principles, which determine environment policy and environmental law mean?

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Firstly, let us look at the principle of prevention, the material leitmotiv for
environment policy. The early application of measures founded on this principle is
designed not only to ward off danger and remove damage, but also to prevent potential
negative environmental impacts from arising at all – if possible at source and by means
of risk-reduction-so as to achieve sustainable use of the environment, providing care for
the assets at stake. The term use of the environment is, as I understand it, not only use
for the health and economic concerns of mankind. Use of the environment rather
extends very much to all benefits brought to mankind both now and in the future from
the careful and sparing use of an environment, the quality and quantity of which is
secured, protected and cared for. This understanding does not exclude the protection
and care of environment assets for their own sake as intrinsic values, as former Federal
President RICHARD VON WEIZSÄCKER noted in 1986: “Only when we protect nature
on its own merits will nature allow us men and women to live.” This must not of course
be understood to mean that environmental media are accorded intrinsic rights-in other
words subjectivity under law. The capacity to enjoy rights and obligations should also in
future be confined to men and women as natural and legal persons since care of the
environment is not ae of the human person.
The second concept, the polluter-pays principle, must be understood as a
fundamental allocation of costs but not automatically also as a principle of allocation of
responsibility. Costs incurred to avoid, remove and compensate damage should be
allocated to the party responsible. This also serves to avoid distortions in competition.
Where no allocation of costs is possible because the individual polluter cannot be
identified (for example in the new types of forest damage where there is no proximity
between damage and polluter), the costs must, exceptionally, be borne by the
community as a whole in line with the principle of common burden.
The third principle, that of cooperation, means that care of the environment is a
common task of both the State and citizens and must, as far as possible, be effected in
cooperation between the two. In the relationship between State and society,
participation of those involved is designed to improve environmentally significant
decision-making and facilitate acceptance without blurring the distinction in the areas of
responsibility of the three powers of the legislative, executive and judiciary and also
taking account of the principle of democracy and the rule of law. Early involvement of
those concerned can also lead to voluntary change in behavior so that the State need
no longer adopt prohibitions or orders in the particular field at hand. This helps avoid
proliferation of red-tape. Involvement in environmental decision-making means taking
on responsibility for care of the environment.
The principle of immissions and the principle of emissions
The standards to be met either now or in the future by the environment or a part
of a certain environment both as regards quality and quantity may be subsumed in the
term environmental quality. Under the principle of immissions (from the Latin immittere =
to send in), these standards can be expressly termed environmental quality standards
and anchored in law, especially by determining certain limits on human interventions
which may not be exceeded – for example in laying down immission levels for air quality

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control. The standards may also emerge along the lines of the principle of emissions
(from the Latin emittere =to send out) as a result of the application of geared legal
measures to avoid or reduce human impacts on the environment at source, for example
by determining, in line with the state-of-the-art, emission levels for hazardous
substances to be emitted into water bodies. Standards of immissions and emissions are
regularly linked.
Threefold function
In taking on the task of caring for the environment, law has a threefold function,
the most significant being its existential function in care of the environment. Law is
designed to secure mankind’s life, survival and health and give men and women an
existence worthy of human dignity. On the other hand, the existential function is
complemented by the social function whereby environment law helps provide facilities
for people to relax in and enjoy the natural environment and the landscape. Thirdly, law
also has an aesthetic function when it allows us to experience the diversity, uniqueness
and beauty of the environment.
PRINCIPLES INFLUENCING ENVIRONMENTAL LAWS
1. Environmentalism 2. Ecology 3. Conservation 4. Stewardship 5.
Responsibility and sustainability Areas of Concern
1. air quality and water- pesticides and hazardous chemicals
2. Global climate change-waste management and agriculture
3. Agriculture- remediation of biodiversity and species on contaminated
landprotection
4. biodiversity and species protection- management of public lands and
naturalresources
Pollution Control
Water quality laws govern the release of pollutants into water resources,
including surface water, ground water, and stored drinking water. Some water quality
laws, such as drinking water regulations, may be designed solely with reference to
human health. Many others, including restrictions on the alteration of the chemical,
physical, radiological, and biological characteristics of water resources,. May also reflect
efforts to protect aquatic ecosystem more broadly. Regulatory efforts may include
identifying and categorizing water pollutants, dictating acceptable pollutant
concentrations in water resources, and limiting pollutant discharges from effluent
sources. Regulatory areas include sewage treatment and disposal, industrial and
agricultural waste water management, and control of surface runoff from construction
sites and urban environments.
Waste Management
Waste management laws govern the transport, treatment, storage, and disposal
of all manner of waste, including municipal solid waste, hazardous waste, and nuclear
waste, among many other types. Waste laws are generally designed to minimize or
eliminate the uncontrolled
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dispersal of waste materials into the environment in a manner that may cause
ecological or biological harm, and include laws designed to reduce the generation of
waste and promote or mandate waste recycling. Regulatory efforts include identifying
and categorizing waste types and mandating transport, treatment, storage, and disposal
practices.
Contaminant Cleanup
Environmental cleanup laws govern the removal of pollution or contaminants
from environmental media such as soil, sediment, surface water or ground water. Unlike
pollution control laws, cleanup laws are designed to respond after-the-fact to
environmental contamination, and consequently must often define not only the
necessary response actions, but also the parties who may be responsible for
undertaking (or paying for) such actions. Regulatory requirements may include rules for
emergency response, liability allocation, site assessment, remedial investigation,
feasibility studies, remedial action, post-remedial monitoring, and site reuse.
Chemical Safety
Chemical safety laws govern the use of chemicals in human activities,
particularly man-made chemicals in modern industrial applications. As contrasted with
media-oriented environmental laws (e.g., air or water quality laws), chemical control
laws seek to manage the (potential) pollutants themselves. Regulatory efforts include
banning specific chemical constituents in consumer products (e.g., Bisphenol A in
plastic bottles), and regulating pesticides.
Resource Sustainability
What is Sustainability?
The terms Sustainable and Sustainability are used to describe many different
approaches toward improving our way. Of life. Sustainability does not (and should not)
have a rigid definition. Here are some views of what Sustainability can encompass…
Sustainability means reducing our harm on the environment and ultimately
reversing the harm we have already caused.
 Sustainability means renewing resources at a rate equal to or greater than the
rate at which they are consumed.
 Sustainability means living within the resources of the planet without damaging
the environment now or in the future.
 Sustainability means creating an economic system that provides for quality of life
while renewing the environment and its resources.
 A sustainable community is one that resembles a living system where all of the
resources (human, natural, and economic) are renewed and in balance for
perpetuity.
 Sustainability is creating a world where everyone can have fulfilling lives and
enjoy a rich level of well-being within the limits of what nature can provide.

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 Sustainability means taking the long-term view of how our actions effect future
generations and making sure we don’t deplete resources or cause pollution at
rates faster than the earth is able to renew them.
 Sustainability means living a life of dignity in harmony with nature.
 Some of the many uses of the word sustainable include: Sustainable Business /
Sustainable Development / Sustainable Agriculture/Sustainable
Living/Sustainable Community.
A sustainable resource is a resource that can be continuously replenished, or
there is an endless amount of it that can be captured or harnessed and useful towards
providing energy without there being a decrease in supply.
Impact assessment
Environmental impact assessment
Environmental impact assessment (EA) is the assessment of the environmental
consequences (positive and negative) of a plan, policy, program, or actual projects prior
to the decision to move forward with the proposed action. In this context, the term
environmental impact assessment (EIA) is usually used when applied to actual projects
by individuals or companies and the term “strategic environmental assessment”(SEA)
applies to policies, plans and programs most often proposed by organs of state.
Environmental assessments may be governed by rules of administrative procedure
regarding public participation and documentation of decision making, and may be
subject to judicial review.
Water resources- Water resources laws govern the ownership and use of water
resources, including surface water and ground water. Regulatory areas may include
water conservation, use restrictions, and ownership regimes.
Mineral resources – Mining law
Mineral resource laws cover several basic topics, including the ownership of the
mineral resource and who can work them. Mining is also affected by various regulations
regarding the health and safety of miners, as well as the environmental impact of
mining.
Forest resources- Forestry law
Forestry laws govern activities in designated forest lands, most commonly with
respect to forest management and timber harvesting. Ancillary laws may regulate forest
land acquisition and prescribed burn practices. Forest management laws generally
adopt management policies, such as multiple use and sustained yield, by which public
forest resources are to be managed. Governmental agencies are generally responsible
for planning and implementing forestry laws on public forest lands, and may be involved
in forest inventory, planning, and conservation, and oversight of timber sales. Broader
initiatives may seek to slow or reverse deforestation.

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Wildlife and plants

Wildlife laws govern the potential impact of human activity on wild animals,
whether directly on individuals or populations, or indirectly via habitat degradation.
Similar laws may operate to protect plant species. Such laws may be enacted entirely to
protect biodiversity, or as a means for protecting species deemed important for other
reasons. Regulatory efforts may including the creation of special conservation statuses,
prohibitions on killing, harming, or disturbing protected species, efforts to induce and
support species recovery, establishment of wildlife refuges to support conservation, and
prohibitions on trafficking in species or animal parts to combat poaching.
Fish and game- Fisheries law
Fish and game laws regulate the right to pursue and take or kill certain kinds of
fish and wild animal (game). Such laws may restrict the days to harvest fish or game,
the number of animals caught per person, the species harvested, or the weapons or
fishing gear used. Such laws may seek to balance dueling needs for preservation and
harvest and to manage both environment and populations of fish and game. Game laws
can provide a legal structure to collect license fees and other money which is used to
fund conservation efforts as well as to obtain harvest information used in wildlife
management practice.
Principles
Environmental law has developed in response to emerging awareness of and
concern over issues impacting the entire world. While laws have developed piecemeal
and for a variety of reasons, some effort has gone into identifying key concepts and
guiding principles common to environmental law as a whole. The principles discussed
below are not an exhaustive list and are not universally recognized or accepted.
Nonetheless, they represent important principles for the understanding of environmental
law around the world. Sustainable development Defined by the United Nations
Environment Programme as «development that meets the needs of the present without
compromising the ability of future generations to meet their own needs,» sustainable
development may be considered together with the concepts of «integration»
(development cannot be considered in isolation from sustainability) and
«interdependence» (social and economic development, and environmental protection,
are interdependent). Laws mandating environmental impact assessment and requiring
or encouraging development to minimize environmental impacts may be assessed
against this principle.
The modern concept of sustainable development was a topic of discussion at the
1972 United Nations Conference on the Human Environment (Stockholm Conference),
and the driving force behind the 1983 World Commission on Environment and
Development (WCED, or Bruntland Commission). In 1992, the first UN Earth Summit
resulted in the Rio Declaration, Principle 3 of which reads: “The right to development
must be fulfilled so as to equitably meet developmental and environmental needs of
present and future generations.” Sustainable development has been a core concept of
international environmental discussion ever since, including at the World Summit on

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Sustainable Development (Earth Summit 2002), and the United Nations Conference on
Sustainable Development (Earth Summit 2012, or Rio+20).
Equity- Intergenerational equity
Defined by UNEP to include intergenerational equity – “the right of future
generations to enjoy a fair level of the common patrimony”- and intragenerational equity
–“the right of all people within the current generation to fair access to the current
generation’s entitlement to the Earth’s natural resources”-environmental equity
considers the present generation under an obligation to account for long-term impacts
of activities, and to act to sustain the global environment and resource base for future
generations. Pollution control and resource management laws may be assessed against
this principle.
Transboundary responsibility
Defined in the international law context as an obligation to protect one’s own
environment, and to prevent damage to neighboring environments, UNEP considers
transboundary responsibility at the international level as a potential limitation on the
rights of the sovereign state. Laws that act to limit externalities imposed upon human
health and the environment may be assessed against this principle.
Public participation and transparency
Identified as essential conditions for “accountable governments, industrial
concerns,” and organizations generally, public participation and transparency are
presented by UNEP as requiring “effective protection of the human right to hold and
express opinions and to seek, receive and impart ideas,… a right of access to
appropriate, comprehensible and timely information held by governments and industrial
concerns on economic and social policies regarding the sustainable use of natural
resources and the protection of the environment, without imposing undue financial
burdens upon the applicants and with adequate protection of privacy and business
confidentiality,” and “effective judicial and administrative proceedings.” These principles
are present in environmental impact assessment, laws requiring publication and access
to relevant environmental data, and administrative procedure.
Precautionary principle
One of the most commonly encountered and controversial principles of
environmental law, the Rio Declaration formulated the precautionary principle as
follows:
In order to protect the environment, the precautionary approach shall be widely applied
by States according to their capabilities. Where there are threats of serious or
irreversible damage, lack of full scientific certainty shall not be used as a reason for
postponing cost-effective measures to prevent environmental degradation.
The principle may play a role in any debate over the need for environmental
regulation.

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Prevention
The concept of prevention can perhaps better be considered an overarching aim
that gives rise to a multitude of legal mechanisms, including prior assessment of
environmental harm, licensing or authorization that set out the conditions for operation
and the consequences for violation of the conditions, as well as the adoption of
strategies and policies. Emission limits and other product or process standards, the use
of best available techniques and similar techniques can all be seen as applications of
the concept of prevention.
Polluter pays principle
The polluter pays principle stands for the idea that “the environmental costs of
economic activities, including the cost of preventing potential harm, should be
internalized rather than imposed upon society at large.” All issues related to
responsibility for cost for environmental remediation and compliance with pollution
control regulations involve this principle.
Theory
Environmental law is a continuing source of controversy. Debates over the
necessity, fairness, and cost of environmental regulation are ongoing, as well as
regarding the appropriateness of regulations vs. market solutions to achieve even
agreed-upon ends.
Allegations of scientific uncertainty fuel the ongoing debate
over greenhouse gas regulation, and are a major factor in debates over whether to ban
particular pesticides. In cases where the science is well-settled, it is not unusual to find
that corporations intentionally hide or distort the facts, or sow confusion. It is very
common for regulated industry to argue against environmental regulation on the basis of
cost. Difficulties arise in performing cost-benefit analysis of environmental issues. It is
difficult to quantify the value of an environmental value such as a healthy ecosystem,
clean air, or species diversity. Many environmentalists> response to pitting economy vs.
ecology is summed up by former Senator and founder of Earth Day Gaylord Nelson,
“The economy is a wholly owned subsidiary of the environment, not the other way
around. Furthermore, environmental issues are seen by many as having an ethical or
moral dimension, which would transcend financial cost. Even so, there are some efforts
underway to systemically recognize environmental costs and assets, and account for
them properly in economic terms.
While affected industries spark controversy in fighting regulation, there are also
many environmentalists and public interest groups who believe that current regulations
are inadequate, and advocate for stronger protection. Environmental law conferences –
such as the annual Public Interest Environmental Law Conference in Eugene, Oregon –
typically have this focus, also connecting environmental law with class, race, and other
issues.
An additional debate is to what extent environmental laws are fair to all regulated
parties. For instance, researchers Preston Teeter and Jorgen Sandberg highlight how

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smaller organizations can often incur disproportionately larger costs as a result of

environmental regulations, which can ultimately create an additional barrier to entry for
new firms, thus stifling competition and innovation.
TREATIES/CONVENTION/PROTOCOL
Basel Convention on the Control of Transboundary Movements of Hazardous
Wastes and their Disposal (1992)
The most comprehensive global environmental agreement on hazardous and
other wastes which aims to protect human health and the environment against the
adverse effects of hazardous wastes:
1. generation and management
2. trans-boundary movements
3. disposal
CONVENTION ON BIOLOGICAL DIVERSITY
Resulted from the recognition that damage to biodiversity can only be effectively
dealt with in a comprehensive manner (not dealing with specific species or habitats)
Three main objectives:
1. conservation of biodiversity;
2. sustainable use of its components
3. fair and equitable sharing of the benefits arising from generic resources.
CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES(CITES)
An international agreement between governments which aims to ensure that
international trade in specimens of wild animals and plants does not threaten their
survival
Widespread information dissemination about the endangered status of many
prominent species such as the tigers and elephants
CONVENTION ON MIGRATORY SPECIES OF WILD ANIMALS (BONN
CONVENTION)
It aims to conserve terrestrial, marine and avian migratory species throughout
their range (global scale) which aims to conserve populations of:
 European Bats; Cetaceans of the Mediterranean Sea
 Black Sea and Contiguous Atlantic Area
 Small Cetaceans of the Baltic, North East Atlantic, Irish and North Seas
 Seals in the Wadden Sea; African Eurasian Migratory Waterbirds
 Albatrosses and Petrels
 Gorillas and their Habitats

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KYOTO PROTOCOL
It broke a new ground by defining three innovative “flexibility mechanisms” to lower
the overall costs of achieving its emissions targets. The mechanisms enable Partie to
access cost effective opportunities to reduce emissions or to remove carbon from the
atmosphere in other countries.. Emissions trading (carbon market) -Clean development
mechanism-Joint implementation
United Nations Framework Convention on Climate Change (UNFCCC)
 Consider what can be done to reduce global warming and to cope with whatever
temperature increases are inevitable
 To keep the maximum temperature rise to below 2 degrees Celsius
 The commitment to list developed country emission reduction targets and
mitigation action by developing countries for 2020
 Mechanisms to support technology transfer and forestry.
International law
Global and regional environmental issues are increasingly the subject of
International law
Debates over environmental concerns implicate core principles of international
law and have been the subject of numerous international agreements and declarations.
Customary International law is an important source of international environmental
law. These are the norms and rules that countries follow as a matter of custom and they
are so prevalent that they bind all states in the world. When a principle becomes
customary law is not clear cut and many arguments are put forward by states not
wishing to be bound. Examples of customary international law relevant to the
environment include the duty to warn other states promptly about icons of an
environmental nature and environmental damages to which another state or states may
be exposed, and Principle 21 of the Stockholm Declaration (‘good neighborliness’ or sic
utere).
Numerous legally binding international agreements encompass a wide variety of
issue-areas, from terrestrial, marine and atmospheric pollution through to wildlife and
biodiversity protection. International environmental agreements are generally
multilateral (or sometimes bilateral) treaties (a.k.a. convention, agreement, protocol, etc.
).
Protocols are subsidiary agreements built from a primary Treaty.
They exist in many areas of international law but are specially useful in the
environmental field, where they may be used to regularly incorporate recent scientific
knowledge. They also permit countries to reach agreement on a framework that would
be contentious if every detail were to be agreed upon in advance. The most widely
known protocol in international environmental law is the Kyoto Protocol, which
followed from the United Nations Framework Convention on Climate Change.

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While the bodies that proposed, argued, agreed upon and ultimately adopted
existing international agreements vary according to each agreement, certain
conferences, including:
 1972’s United Nations Conference on the Human Environment,
 1983’s World Commission on Environment and Development,
 1992’s United Nations Conference on Environment and Development and
 2002’s World Summit on Sustainable Development have been particularly
important.
Multilateral Environmental agreements sometimes create an International
Organization, Institution or Body responsible for implementing the agreement.
Major examples are the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES) and the International Union for Conservation
of Nature (IUCN).
International environmental law also includes the opinions of international courts
and tribunals. While there are few and they have limited authority, the decisions carry
much weight with legal commentators and are quite influential on the development of
international environmental law. One of the biggest challenges in international decisions
is to determine on adequate compensation for environmental damages. The courts
include the international court of justice (ICJ), the international tribunal for the law of the
sea (ITLOS) the European court of justice, European court of human rights and other
regional treaty tribunals.
Africa
According to the International Network for Environmental Compliance and
Enforcement (INECE), the major environmental issues in Africa are “drought and
flooding, air pollution, deforestation, loss of biodiversity, freshwater availability,
degradation of soil and vegetation, and widespread poverty.” The US Environmental
Protection Agency (EPA) is focused on the “growing urban and industrial pollution,
water quality, electronic waste and indoor air from cookstoves.” They hope to provide
enough aid on concerns regarding pollution before their impacts contaminate the
African environment as well as the global environment. By doing so, they intend to
“protect human health, particularly vulnerable populations such as children and the
poor.” In order to accomplish these goals in Africa, EPA programs are focused on
strengthening the ability to enforce environmental laws as well as public compliance to
them. Other programs work on developing stronger environmental laws, regulations,
and standards.
Asia
The Asian Environmental Compliance and Enforcement Network (AECEN) is an
agreement between 16 Asian countries dedicated to improving cooperation with
environmental laws in Asia. These countries include Cambodia, China, Indonesia, India,

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Maldives, Japan, Korea, Malaysia, Nepal, Philippines, Pakistan, Singapore, Sri Lanka,
Thailand, Vietnam, and Lao PDR.
European Union
The European Union issues secondary legislation on environmental issues that
are valid throughout the EU (so called regulations) and many directives that must be
implemented into national legislation from the 28 member states (national states).
Examples are the Regulation (EC)No.338/97 on the implementation of CITES; or the
Natura 2000 network the centerpiece for nature & biodiversity policy, encompassing the
bird Directive(79/409/EEC/ changed to 2009/147/EC)and the habitats directive
(92/43/EEC). Which are made up of multiple SACs (Special Areas of Conservation,
linked to the habitats directive) & SPAs (Special Protected Areas, linked to the bird
directive), throughout Europe.
EU legislation is ruled in Article 249 Treaty for the Functioning of the European
Union (TFEU). Topics for common EU legislation are:
 Climate change
 Air pollution
 Water protection and management
 Waste management
 Soil protection
 Protection of nature, species and biodiversity
 Noise pollution
 Cooperation for the environment with third countries (other than EU
member states)
 Civil protection
Middle East
The U.S. Environmental Protection Agency is working with countries in the
Middle East to improve “environmental governance, water pollution and water security,
clean fuels and vehicles, public participation, and pollution prevention.”
Oceania
The main concerns on environmental issues in the Oceanic Region are “illegal
releases of air and water pollutants, illegal logging/timber trade, illegal shipment of
hazardous wastes, including e-waste and ships slated for destruction, and insufficient
institutional structure/lack of enforcement capacity”. The Secretariat of the Pacific
Regional Environmental Programme (SPREP) is an international organization between
Australia, the Cook Islands, FMS, Fiji, France, Kiribati, Marshall Islands, Nauru, New
Zealand, Niue, Palau, PNG, Samoa, Solomon Island, Tonga, Tuvalu, USA, and
Vanuatu. The SPREP was established in order to provide assistance in improving and
protecting the environment as well as assure sustainable development for future
generations.

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Australia
The Environment Protection and Biodiversity Conservation Act 1999 is the center
piece of environmental legislation in the Australian Government. It sets up the “legal
framework to protect and manage nationally and internationally important flora, fauna,
ecological communities and heritage places”. It also focuses on protecting world
heritage properties, national heritage properties, wetlands of international importance,
nationally threatened species and ecological communities, migratory species,
Commonwealth marine areas, Great Barrier Reef Marine Park, and the environment
surrounding nuclear activities. Commonwealth v Tasmania (1983), also known as the
Tasmanian Dam Case, is the most influential case for Australian environmental law.
Brazil
The Brazilian government created the Ministry of Environment in
1992 in order to develop better strategies of protecting the environment, use natural
resources sustainably, and enforce public environmental policies. The Ministry of
Environment has authority over policies involving environment, water resources,
preservation, and environmental programs involving the Amazon.
Canada
The Department of the Environment Act establishes the Department of the
Environment in the Canadian government as well as the position Minister of the
Environment. Their duties include “the preservation and enhancement of the quality of
the natural environment, including water, air and soil quality; renewable resources,
including migratory birds and other non-domestic flora and fauna; water; meteorology;”
The Environmental Protection Act is the main piece of Canadian environmental
legislation that was put into place March 31, 2000. The Act focuses on “respecting
pollution prevention and the protection of the environment and human health in order to
contribute to sustainable development.” Other principle federal statutes include the
Canadian Environmental Assessment Act, and the Species at Risk Act. When provincial
and federal legislation are in conflict federal legislation takes precedence, that being
said individual provinces can have their own legislation such as Ontario’s Environmental
Bill of Rights, and Clean Water Act.
China
According to the U.S. Environmental Protection Agency, “China has been
working with great determination in recent years to develop, implement, and enforce a
solid environmental law framework. Chinese officials face critical challenges in
effectively implementing the laws, clarifying the roles of their national and provincial
governments, and strengthening the operation of their legal system. Explosive
economic and industrial growth in China has led to significant environmental
degradation, and China is currently in the process of developing more stringent legal
controls. The harmonization of Chinese society and the natural environment is billed as
a rising policy priority.

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Ecuador
With the enactment of the 2008 Constitution, Ecuador became the first country in
the world to codify the Rights of Nature. The Constitution, specifically Articles 10 and
71-74, recognizes the inalienable rights of ecosystems to exist and flourish, gives
people the authority to petition on the behalf of ecosystems, and requires the
government to remedy violations of these rights. The rights approach is a break away
from traditional environmental regulatory systems, which regard nature as property and
legalize and manage degradation of the environment rather than prevent it.
The Rights of Nature articles in Ecuador's constitution are part of a reaction to a
combination of political, economic, and social phenomena. Ecuador’s abusive past with
the oil industry, most famously the class-action litigation against Chevron, and the
failure of an extraction-based economy and neoliberal reforms to bring economic
prosperity to the region has resulted in the election of a New Leftist regime, led by
President Rafael Correa, and sparked a demand for new approaches to development.
In conjunction with this need, the principle of “Buen Vivir,” or good living focused on
social, environmental and spiritual wealth versus material wealth gained popularity
among citizens and was incorporated into the new constitution.
The influence of indigenous groups, from whom the concept of “Buen Vivir”
originates, in the forming of the constitutional ideals also facilitated the incorporation of
the Rights of Nature as a basic tenet of their culture and conceptualization of “Buen
Vivir.”
Egypt
The Environmental Protection Law outlines the responsibilities of the Egyptian
government to preparation of draft legislation and decrees pertinent to environmental
management, collection of data both nationally and internationally on the state of the
environment, preparation of periodical reports and studies on the state of the
environment, formulation of the national plan and its projects, preparation of
environmental profiles for new and urban areas, and setting of standards to be used in
planning for their development, and preparation of an annual report on the state of the
environment to be prepared to the President.
India
In India, Environmental law is governed by the Environment Protection Act, 1986.
This act is enforced by the Central Pollution Control Board and the numerous State
Pollution Control Boards. Apart from this, there are also individual legislations
specifically enacted for the protection of Water, Air, Wildlife, etc. Such legislations
include:-
 The Water (Prevention and Control of Pollution) Act, 1974
 The Water (Prevention and Control of Pollution) Cess Act, 1977
 The Forest (Conservation) Act, 1980
 The Air (Prevention and Control of Pollution) Act, 1981
 Air (Prevention and Control of Pollution)(Union Territories) Rules,1983

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 The Biological Diversity Act, 2002 and the Wild Life Protection Act,1972
 Batteries (Management and Handling) Rules, 2001
 Recycled Plastics, Plastics Manufacture and Usage Rules, 1999
 The National Green Tribunal established under the National Green Tribunal Act
of 2010 has jurisdiction over all environmental cases dealing with a substantial
environmental question and acts covered under the Water (Prevention and
Control of Pollution) Act, 1974.
 Water (Prevention and Control of Pollution) Cess Rules, 1978
 Ganga Action Plan,1986
 The Forest (Conservation) Act,1980
 The Public Liability Insurance Act, 1991 and the Biological Diversity Act, 2002.
The acts covered under Indian Wild Life Protection Act 1972 do not fall within the
jurisdiction of the National Green Tribunal. Appeals can be filed in the Hon’ble
Supreme Court of India.
 Basel Convention on Control of Transboundary Movements on Hazardous
Wastes and Their Disposal, 1989 and Its Protocols
 Hazardous Wastes (Management and Handling)
Amendment
Rules,2003
Japan
The Basic Environmental Law is the basic structure of Japan’s environmental
policies replacing the Basic Law for Environmental Pollution Control and the Nature
Conservation Law. The updated law aims to address “global environmental problems,
urban pollution by everyday life, loss of accessible natural environment in urban areas
and degrading environmental protection capacity in forests and farmlands.”
The three basic environmental principles that the Basic Environmental Law
follows are “the blessings of the environment should be enjoyed by the present
generation and succeeded to the future generations, a sustainable society should be
created where environmental loads by human activities are minimized, and Japan
should contribute actively to global environmental conservation through international
cooperation.” From these principles, the Japanese government have established
policies such as “environmental consideration in policy formulation, establishment of the
Basic Environment Plan which describes the directions of long-term environmental
policy, environmental impact assessment for development projects, economic measures
to encourage activities for reducing environmental load, improvement of social
infrastructure such as sewerage system, transport facilities etc., promotion of
environmental activities by corporations, citizens and NGOs, environmental education,
and provision of information, promotion of science and technology.”
New Zealand
The Ministry for the Environment and Office of the Parliamentary Commissioner
for the Environment

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Act 1986. These positions are responsible for advising the Minister on all areas of
environmental legislation. A common theme of New Zealand’s environmental legislation
is sustainably managing natural and physical resources, fisheries, and forests. The
Resource Management Act 1991 is the main piece of environmental legislation that
outlines the government’s strategy to managing the “environment, including air, water
soil, biodiversity, the coastal environment, noise, subdivision, and land use planning in
general.”
Russia
The Ministry of National Resources and Environment of the Russian Federation
makes regulation regarding “conservation of natural resources, including the subsoil,
water bodies, forests located in designated conservation areas, fauna and their habitat,
in the field of hunting, hydrometeorology and related areas, environmental monitoring
and pollution control, including radiation monitoring and control, and functions of public
environmental policy making and implementation and statutory regulation.
Vietnam
Vietnam is currently working with the U.S. Environmental Protection Agency on
dioxin remediation and technical assistance in order to lower methane emissions . In
March 2002, the U.S and Vietnam signed the U.S.-Vietnam Memorandum of
Understanding on Research on Human Health and the Environmental Effects of Agent
Orange/Dioxin.

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ACTIVITY 7

QUESTIONS:
1. Explain the phrase environmental law: the “ecological nuancing” of law
2. What is Kyoto Protocol? Explain
3. Why Customary International law is an important source of international
environmental law?
4. What is Sustainability?
5. What are the Principles Influencing Environmental Laws?
6. Define Environmental Law.
7. What do environmental laws regulate?
8. Explain the principle of immissions and the principle of emissions
9. Explain the topics that are common in EU legislation.
10. What are the areas of concern in environmental laws?

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CHAPTER VII I
Philippine Environmental Laws
The words “economy” and “ecology” both came from the Greek word oikos,
which means “home.” Á home is not a house where division can be allowed.
Ecology is the study of the interactions between organisms and their
environment. Ecologists might investigate the relationship between a population of
organisms and some physical characteristic of their environment, such as concentration
of a chemical; or they might investigate the interaction between two populations of
different organisms through some symbiotic or competitive relationship.
For example, an interdisciplinary analysis of an ecological system which is being
impacted by one or more stressors might include several related environmental science
fields. In a setting where a proposed industrial development could impact certain
species by water and air pollution, biologists would describe the flora and fauna,
chemists would analyze the transport of water pollutants to the marsh, physicists would
calculate air pollution emissions and geologists would assist in understanding the marsh
soils and bay muds.
The 1987 Constitution spells out our national policy on the protection of our
environment In a lot of ways, the present provisions in our fundamental law are more
forward-looking than our 1973 and 1935 Constitutions.
Environmental Law is still at its cradle years in our country. Although the embryo
of environmentalism has long been implanted into our consciousness by our indigenous
customs and traditions, it has not, until recently, been translated into a body of coherent
national policies and legal principles. The glacial growth of environmental law in the
country may be attributed to the fact that for most part of our existence as a nation,
activities inimical to the environment were minimal.
Oftentimes, exhaustive and costly scientific studies have to be undertaken to
determine potential injury to the environment of a particular developmental activity.
Absent the clear and imminent injury, the enactment of measures protecting the
environment was not placed in our shortlist of national needs.
The onslaught of industrialization to fast track our economic development,
however, punished us for our lack of foresight in caring for our environment. The lack of
legal arsenal in our fight to preserve and protect our environment resulted in widespread
deforestation, contamination of our air and water resources, displacement of cultural
minorities, and the rapid extinction of various species of our flora and fauna.
For some time, we were beguiled by the theory that proven risks to the
environment are necessary, if not indispensable, tradeoffs of economic development.
To some of our policy makers, Gross National Product (GNP) is the defining factor of
development, and not the quality of air we breathe, or the purity of water we drink. In
their cost-benefit analysis, the factors to be considered were weighed and measured by

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their economic value. The policy thrust was the immediate maximization of economic
gain, hence, the long-term benefits accruing from a healthy environment were invisible
in the equation.
The good news is that the new wave of environmentalism in the international
community in the 1960’s compelled a radical paradigm shift. The philosophy of
economic utilitarianism and one of its dimensional approach failed to deliver its
promises and alternative methods of managing our resources had to be developed. The
critical question is which path we take given the fork of the road. To answer this query, I
respectfully submit that we have to retake a hard look on the relationship of man and his
environment.
There are divergent views on the issue and all of them are intellectually enticing.
Indeed, scholars worldwide are split into two main groups: those who view humans at
the apex of the world, and those who believe that all creatures were created equal.
 To the first category belong the conservationists who champion the
anthropocentric (human-centered) ethic of the utilitarian tradition.
 To the second category belong the preservationists who take a biocentric
(life-centered) approach to our environmental problems.
In a nutshell, the conservationists peddle the proposition that only human beings
possess moral value. The natural environment has no intrinsic value of its own apart
from its instrumental value to men. Since plants and animals do not have moral value,
they cannot be the subjects of rights. Air and water pollution, toxic waste, and abuse of
pesticides are seen as problems because they cause harm to humans. That these
problems affect the environment per se is merely incidental. Their end goal in
advocating the efficient management of our natural resources is to “serve the greatest
good of the greatest number for the longest time.”
In contrast, the preservationists seek to protect the environment from any human
activity that would disrupt or degrade it. Their goal is to preserve the wilderness in its
natural, unspoiled state for two reasons.
 First, undeveloped wilderness has instrumental value since it is a source
of religious inspiration, refuge from modern life, location for aesthetic
experience  Second, wilderness has its own intrinsic value apart from its
use to humans.
Deriving inspiration from the natural law tradition, the preservationists assume
that the natural ecosystems are well-ordered and harmonious. All parts of the
ecosystem, and especially all its biotic members, have a distinctive place in the overall
scheme. Each one contributes to the natural order in its own way. Thus, nature
undisturbed is goodness preserved. Ecological problems arise when man interferes with
the natural order and treat other natural objects as having value only insofar as they
serve human purposes.
Although the natural law tradition of Aristotle allows for a moral hierarchy with
humans “higher” than

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animals and animals “higher” than plants, it nevertheless recognized that living things
have a good of their own. Some preservationists interpret this as granting moral
standing to animals and plants. They argue that plants and animals are not only objects,
but are holders of rights as well.
There is an emerging third view, espousing the Christian view of creation as
basis for analyzing policies concerning the environment. The Christian view adopts a
theocentric ethics that centers on the analysis of man’s relationship with the
environment in the context of the divine plan. The Christian view, which is shared by
some non-Christian but theistic societies, holds that all creatures are created and
owned by God. Human beings are only stewards of nature. Consequently, while
humans could use the natural resources for their own good, they also have the
responsibility to take care of the environment for the characteristic activity of all natural
objects results from God’s plan and purpose. Of course, Buddhism preached the ethics
of living in harmony with the earth. It has been said that Buddha was born, attained
enlightenment, and died under a tree. In his collected sermons, he called for due care
and living kindness to all sentient creatures, (birds and animals) and all life forms.
On one end of the spectrum was the view that environmental degradation is the
biggest threat facing the planet and, hence, measures should be undertaken to
immediately arrest the declining state of our natural environment.
On the other end was the opinion that poverty and alleviation of misery remain
the real problem. Its proponents believe that the greater development leading to
material prosperity far outweighs any damage to environment. They express resentment
over the fact that the developed countries whose drive toward wealth had consumed a
great part of the earth’s resources and had led to devastating pollution are now asking
them to remain poor and to pay for the clean-up, restoration, and conservation of the
earth.
In the end, this ideological divide was resolved by way of compromise. The
Stockholm Declaration held that economic development is not necessarily incompatible
with environmental protection, and that development could proceed provided it avoids
damaging the environment. Several principles in the Declaration undoubtedly are the
sources of our environmental policies in Presidential Decree No. 1151.
The principles outlined in the Stockholm Conference started the rapid
development of International Environmental Law, including important global, regional,
and multilateral agreements involving such far-ranging subjects as the preservation of
flora and fauna, protection of the marine environment, defining third party liability in the
field of nuclear energy, the control of trans-boundary movement of hazardous waste,
and the protection of world cultural and natural heritage.
The 1987 Constitution cemented the Philippine’s commitment to strike a delicate
balance between the demands of economics and the needs of the environment. But it
offers more. For the first time, the right of the person to a balanced and healthful
ecology was recognized not only as an abstract policy statement, but an enforceable
legal right under Section 16, Article II.

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This is clear from the discussion of the members of the Constitutional

Commission that drafted the 1987 Constitution. Our supreme court affirmed the
enforceability of this legal right in the seminal case of Oposa v.Factoran.
Forming the matrix of this right is the recognition that human beings are an
integral part of a complex ecological community. Although constantly changing, the
preservation of this ecological community involves a balancing of interdependencies.
Nothing less than the survival of the human species hangs on this delicate balance.
Section 4, Article XII, thus, enjoins the State to protect our endangered forest and
watershed areas, while Section 7, Article XIII calls upon the State to protect, develop,
and conserve communal marine and fishing resources. In pushing the frontiers of
industrialization, the State is cautioned to make “full and efficient use of human and
natural resources” (Section 1, Article XII).
The 1987 Constitution also takes due account of the high impact of
developmental activities to the distinct welfare of our indigenous peoples. Thus, it
mandates the State to give due regard to the rights of the indigenous cultural
communities to their ancestral lands to ensure their economic, social, and cultural
wellbeing (Section 5, Article XII). It also emphasizes in Section 4,Article XIII the duty of
the government to undertake the just distribution of all agricultural lands, taking into
account ecological, developmental, and other equity considerations.
To make sure that these constitutional commitments do not become mere gems
of oratorical pieces, the legislature has enacted laws to enhance and safeguard the
integrity of our environment.
Among the most significant of these statutes are the Clean Air Act, the Ecological
Solid Waste Management Act, the NIPAS Act.
R.A.9003- “Ecological Solid Waste Management Act of 2000.”
An act providing for an ecological solid waste management program, creating the
necessary institutional mechanisms and incentives, declaring certain acts prohibited
and providing penalties, appropriating funds therefore, and for other purposes.
Segregation and collection of solid waste shall be conducted at the barangay
level specifically for biodegradable, compostable and reusable wastes:
Provided, that the collection of non-recyclable materials and special wastes shall
be the responsibility of the municipality or city (Section 10)
The three R’s – reduce, reuse and recycle – all help to cut down on the amount
of waste we throw away. They conserve natural resources, landfill space and energy….
Siting a new landfill has become difficult and more expensive due to environmental
regulations and public opposition.”
The Three Rs
There is a common mantra that many of us were taught as children but do not
always think of on a daily basis. The mantra is reduce, reuse, recycle, otherwise known
as the three Rs. Over the

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last half century, the amount of waste created per person in the United States has
almost doubled. The concept and promotion of the three Rs was created to help combat
the drastic increase in solid waste production.
The First ‘R’- Reduce
The concept of reducing what is produced and what is consumed is essential to
the waste hierarchy. The logic behind it is simple to understand- if there is less waste,
then there is less to recycle or reuse. The process of reducing begins with an
examination of what you are using, and what it is used for. There are three simple steps
to assessing the reduction value of an item or process-
Is there something else that can be used for this purpose? Using multi-use items
is essential to beginning reduction. One example would be a coffeepot and a
cappuccino maker. Both of them do distinctly different things, but you can buy a
coffeepot that has a steaming attachment on it so it can do both. The purchase o the
one item means that you don’t use two. It reduces the amount of production, and the
amount of waste packaging material that will be generated.
Is this something that needs to be done? A lot of our waste material comes from
items that are considered to be “disposable.” Not in the sense that you use something
once and then throw it away, that can actually be a part of environmental responsibility
when you are working with medical items – disposable in this sense means whether or
not what the item allows you to do has any real meaning or purpose.
Is the item a part of something that you need to do, or want to do in your life?
There is a limit to what you need to be prepared for in life. Chances are you won’t need
a car that is equipped to handle a sandstorm in the desert. Buying one encourages
production, wastes your resources and creates more generative waste than you can
imagine. Always make sure that what you consume, or keep in your life as preparation –
matches the reality of potential opportunity in your life.
Here are some of things you can do to reduce the waste:
1. Print on both sides of the paper to reduce paper wastage.
2. Use electronic mail to reach out to people instead of sending paper mail.
3. Remove your name from the mailing lists that you no longer want to
receive.
4. Use cloth nàpkins instead of paper napkins.
5. Avoid using disposable plates, spoons, glass, cups and napkins. They add
tothe problem and result in large amount of waste.
6. Avoid buying items that are over-packaged with foil, paper, and plastic.
Thisexcess packaging goes to waste.
7. Buy durable goods that have long warranty. They generally run longer and
save landfill space.

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Number 3 deals with the problems created by living within a culture of

consumerism. This type of consumption driven culture also makes fulfilling the second
“R” difficult, but it is getting easier to do.
The Second ’R’- Reuse
You may have a box of things you keep that are broken or that you don’t have a
use for that you hang on to in-case you find another use for them; or you may find
bargains on old furniture or go trash picking and get things that you can refinish – in
either case you are working towards reusing the item. Learning to reuse items, or
repurpose them for a use different then what they are intended for is essential in waste
hierarchy.
One of the best examples for how this is being done today is the modular
construction of homes and office buildings that is being created out of discarded
shipping containers. These large, semi-truck sized metal containers represent a huge
waste problem. Repurposing them as homes and offices saves them from the landfills
and doesn’t require the additional expenditure of nature resources to melt down and
reconfigure the metals used to create them.
You may either reuse those items for your own use or donate so that others can
use them. You can reuse below items like:
1. Old jars and pots: Old jars and pots can be used to store items in kitchen.They
can also be used to store loose items together such as computer wires.
2. Tyres: Old tyres can either be sent to recycling station or can be used to
maketyre-swing.
3. Used wood: Used wood can be used as firewood or can be used woodcrafts.
4. Newspaper: Old newspapers can be used to pack items when you’re
planningto move to another home or store old items.
5. Envelopes: Old and waste envelopes can be used by children to make
shortnotes.
6. Waste paper: Waste paper can be used to make notes and sketches and
canbe send to recycling center when you don’t need them anymore.
Items that can be donated to others include:
1. Old books: Your old books can be used by poor children or can be
donated topublic libraries.
2. Old clothes: Your unwanted clothes can be used by street children or can
bedonated to charity institutions.
3. Old electric equipment: Old electric equipment can be donated to schools
orNGO’s so that they can use them.

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4. Rechargeable batteries: Rechargeable batteries can be used again and

againand helps to reduce unnecessary wastage as opposed to regular batteries.
Apart from this, you can build a compost bin and reuse many waste items like
used tea bags. The waste then degrades and turns into compost that help your plants
grow and shine.
The Third ‘R’-Recycling
The last stage of the waste hierarchy is to recycle. To recycle something means
that it will be transformed again into a raw material that can be shaped into a new item.
There are very few materials on the earth that cannot be recycled. One of the issues
facing communities that want to become more involved with a recycling effort is that
while the relying collection and sorting process may be affordable to implement, there
still has to be a facility to receive and transform the discarded waste into a raw material.
More progress is being made toward uniting recycling plants with industries that can
process the waste material through agreements and incentive credits.
One need to learn as to what products can be recycled and what not. By carefully
choosing the products that can be recycled, can be a first step towards efficient
recycling.
1. Buy products from market that are made up of recycled materials i.e. the
productshould be environment friendly.
2. Buy products that can be recycled such as glass jars.
3. Invent new ways to recycle different items.
4. Avoid buying hazardous materials that could pose difficulty for you to recycle.
Buynon-toxic products, whenever possible.
5. Buy products that have been made from recycled material.
6. Use recycled paper for printing or making paper handicrafts.
REPUBLIC ACT NO.9003-This Act shall be known as the “Ecological Solid Waste
Management Act of 2000”.
Policies of this Act
(a) Ensure the protection of public health and environment;
(b) Utilize environmentally-sound methods that maximize the utilization of
valuableresources and encourage resources conservation and recovery;
(c) Set guidelines and targets for solid waste avoidance and volume reduction
throughsource reduction and waste minimization measures, including composing,
recycling, reuse, recovery, green charcoal process, and others, before collection,
treatment and disposal in appropriate and environmentally sound solid waste
management facilities in accordance with ecologically sustainable development
principles;

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(d) Ensure the proper segregation, collection, transport, storage, treatment and
disposalof solid waste through the formulation and adoption of the best
environmental practices in ecological waste management excluding incineration;
(e) Promote national research and development programs for improved solid
wastemanagement and resource conservation techniques, more effective
institutional arrangement and indigenous and improved methods of waste reduction,
collection, separation and recovery.
(f) Encourage greater private sector participation in solid waste management;
(g) Retain primary enforcement and responsibility of solid waste management with
localgovernment units while establishing a cooperative effort among the national
government, other local government units, non-government organizations, and the
private sector;
(h) Encourage cooperation and self-regulation among waste generators through
theapplication of market-based instruments;
(i) Institutionalize public participation in the development and implementation of
nationaland local integrated, comprehensive and ecological waste management
programs; and
(j) Strengthen the integration of ecological solid waste management and
resourceconservation and recovery topics into the academic curricula of formal and
non-formal education in order to promote environmental awareness and action
among the citizenry.
Definitions of Terms
(a) Agricultural waste shall refer to waste generated from planting or harvestingof
crops, trimming or pruning of plants and wastes or run-off materials from
farms or fields;
(b) Bulky wastes shall refer to waste materials which cannot be
appropriatelyplaced in separate containers because of either its bulky size,
shape or other physical attributes. These include large worn-out or broken
household, commercial, and industrial items such as furniture, lamps,
bookcases, filing cabinets, and other similar items;
(c) Bureau shall refer to the Environmental Management Bureau;
(d) Buy-back center shall refer to a recycling center that purchases or
otherwiseaccepts recyclable materials from the public for the purpose of
recycling such materials;
(e) Collection shall refer to the act of removing solid waste from the source
orfrom a communal storage point;
(f) Composting shall refer to the controlled decomposition of organic matter
bymicro-organisms, mainly bacteria and fungi, into a humus-like product;

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(g) Consumer electronics shall refer to special wastes that include worn-
out,broken, and other discarded items such as radios, stereos, and TV sets;
(h) Controlled dump shall refer to a disposal site at which solid waste isdeposited
in accordance with the minimum prescribed standards of site operation;
(i) Department shall refer to the Department of Environment and
NaturalResources;
(j) Disposal shall refer to the discharge, deposit, dumping, spilling, leaking
orplacing of any solid waste into or in any land;
(k) Disposal site shall refer to a site where solid waste is finally discharged
anddeposited;
(l) Ecological solid waste management shall refer to the systematic
administration of activities which provide for segregation at source,
segregated transportation, storage, transfer, processing, treatment, and
disposal of solid waste and all other waste management activities which do
not harm the environment;
(m) Environmentally acceptable shall refer to the quality of being re-
usable,biodegradable or compostable, recyclable and not toxic or hazardous
to the environment;
(n) Generation shall refer to the act or process of producing solid waste;
(o) Generator shall refer to a person, natural or juridical,who last uses a
materialand makes it available for disposal or recycling;
(p) Hazardous waste shall refer to solid waste or combination of solid
wastewhich because of its quantity, concentration, or physical, chemical or
infectious characteristics may:
(1) cause, or significantly contribute to an increase in mortality or
anincrease in serious irreversible, or incapacitating reversible, illness; or
(2) pose a substantial present or potential hazard to human health or
theenvironment when improperly treated, stored, transported, or disposed
of, or otherwise managed;
(q) Leachate shall refer to the liquid produced when waste
undergodecomposition, and when water percolate through solid waste
undergoing decomposition. It is a contaminated liquid that contains dissolved
and suspended materials;
(r) Materials recovery facility – includes a solid waste transfer station or
sortingstation, drop-off center, a composting facility, and a recycling facility;
(s) Municipal waste shall refer to wastes produced from activities within
localgovernment units which include a combination of domestic, commercial,
institutional and industrial wastes and street litters;

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(t) Open dump shall refer to a disposal area wherein the solid wastes
areindiscriminately thrown or disposed of without due planning and
consideration for environmental and health standards;
(u) Opportunity to recycle shall refer to the act of providing a place for
collectingsource-separated recyclable material, located either at a disposal
site or at another location more convenient to the population being served,
and collection at least once a month of source-separated recyclable material
from collection service customers and to providing a public education and
promotion program that gives notice to each person of the opportunity to
recycle and encourage source separation of recyclable material;
(v) Person(s) shall refer to any being, natural or juridical, susceptible of rights
andobligations, or of being the subject of legal relations;
(w) Post-consumer material shall refer only to those materials or
productsgenerated by a business or consumer which have served their
intended end use, and which have been separated or diverted from solid
waste for the purpose of being collected, processed and used as a raw
material in the manufacturing of recycled product, excluding materials and by-
products generated from, and commonly used within an original
manufacturing process, such as mill scrap;
(x) Receptacles shall refer to individual containers used for the source
separationand the collection of recyclable materials;
(y)Recovered material shall refer to material and by-products that have been
recovered or diverted from solid waste for the purpose of being collected,
processed and used as a raw material in the manufacture of a recycled product;
(z) Recyclable material shall refer to any waste material retrieved from the
wastestream and free from contamination that can still be converted
into suitable beneficial use or for other purposes, including, but not
limited to, newspaper, ferrous scrap metal, non-ferrous scrap metal,
used oil, corrugated cardboard, aluminum, glass, office paper, tin cans
and other materials as may be determined by the Commission;
(aa) Recycled material shall refer to post-consumer material that has
beenrecycled and returned to the economy;
(bb) Recycling shall refer to the treating of used or waste
materialsthrough a process of making them suitable for beneficial use
and for other purposes, and includes any process by which solid
waste materials are transformed into new products in such a manner
that the original products may lose their identity, and which may be
used as raw materials for the production of other goods or services:
Provided, That the collection, segregation and re-use of previously
used packaging material shall be deemed recycling under this Act;

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(cc)Resource conservation shall refer to the reduction of the amount

ofsolid waste that are generated or the reduction of overall resource
consumption, and utilization of recovered resources;
(dd) Resource recovery shall refer to the collection, extraction or
recoveryof recyclable materials from the waste stream for the purpose
of recycling, generating energy or producing a product suitable for
beneficial use:
Provided, That, such resource recovery facilities exclude incineration;
(ee) Re-use shall refer to the process of recovering materials intended
forthe same or different purpose without the alteration of physical and
chemical characteristics;
(ff) Sanitary landfill shall refer to a waste disposal site
designed,constructed, operated and maintained in a manner that
exerts engineering control over significant potential environmental
impacts arising from the development and operation of the facility;
(gg) Schedule of Compliance shall refer to an enforceable sequence
ofactions or operations to be accomplished within a stipulated time
frame leading to compliance with a limitation, prohibition, or standard
set forth in this Act or any rule or regulation issued pursuant thereto;
(hh) Secretary shall refer to the Secretary of the Department of
Environment and Natural Resources;
(ii) Segregation shall refer to a solid waste management practice
ofseparating different materials found in solid waste in order to
promote recycling and reuse of resources and to reduce the volume of
waste for collection and disposal;
(jj) Segregation at source shall refer to a solid waste management
practiceof separating, at the point of origin, different materials found in
solid waste in order to promote recycling and re-use of resources and
to reduce the volume of waste for collection and disposal;
(kk)Solid waste shall refer to all discarded household, commercial
waste,nonhazardous institutional and industrial waste, street
sweepings, construction debris, agriculture waste, and other non-
hazardous/non-toxic solid waste.
Unless specifically noted otherwise, the term “solid waste” as used in this
Act shall not include:
(1) waste identified or listed as hazardous waste of a solid,
liquid,contained gaseous or semisolid form which may cause or contribute
to an increase in mortality or in serious or incapacitating reversible illness,
or acute/chronic effect on the health of persons and other organisms;

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(2) infectious waste from hospitals such as equipment,

instruments,utensils, and fomites of a disposable nature from patients who
are suspected to have or have been diagnosed as having communicable
diseases and must therefore be isolated as required by public health
agencies, laboratory wastes such as pathological specimens (i.e.,all
tissues, specimens of blood elements, excreta, and secretions obtained
from patients or laboratory animals), and disposable fomites that may
harbor or transmit pathogenic organisms, and surgical operating room
pathologic specimens and disposable fomites attendant thereto, and
similar disposable materials from outpatient areas and emergency rooms;
and
(3) waste resulting from mining activities, including contaminated soil
anddebris.
(ll) Solid waste management shall refer to the discipline associated with the
control of generation, storage, collection, transfer and transport, processing, and
disposal of solid wastes in a manner that is in accord with the best principles of
public health, economics, engineering, conservation, aesthetics, and other
environmental considerations, and that is also responsive to public attitudes;
(mm) Solid waste management facility shall refer to any resource recovery
system or component thereof; any system, program, or facility for resource
conservation; any facility for the collection, source separation, storage,
transportation, transfer, processing, treatment, or disposal of solid waste;
(nn) Source reduction shall refer to the reduction of solid waste before it enters
the solid waste stream by methods such as product design, materials
substitution, materials re-use and packaging restrictions;
(1) Source separation shall refer to the sorting of solid waste into some or all of
its component parts at the point of generation;
(pp) Special wastes shall refer to household hazardous wastes such as
paints,thinners, household batteries, lead-acid batteries, spray canisters and the
like. These include wastes from residential and commercial sources that
comprise of bulky wastes, consumer electronics, white goods, yard wastes that
are collected separately, batteries, oil, and tires. These wastes are usually
handled separately from other residential and commercial wastes;
(qq) Storage shall refer to the interim containment of solid waste after
generationand prior to collection for ultimate recovery or disposal;
(rr) Transfer stations shall refer to those facilities utilized to receive solid
wastes,temporarily store, separate, convert, or otherwise process the materials
in the solid wastes, or to transfer the solid wastes directly from smaller to larger
vehicles for transport. This term does not include any of the following:

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(1) a facility whose principal function is to receive, store,

separate,convert, or otherwise process in accordance with national
minimum standards, manure;
(2) a facility, whose principal function is to receive, store, convert,
orotherwise process wastes which have already been separated for re-
use and are not intended for disposal; and.
(3) the operations premises of a duly licensed solid waste
handlingoperator who receives, stores, transfers, or otherwise processes
wastes as an activity incidental to the conduct of a refuse collection and
disposal business.
(ss) Waste diversion shall refer to activities which reduce or eliminate the
amountof solid wastes from waste disposal facilities;
(tt) White goods shall refer to large worn-out or broken household,
commercial,and industrial appliances such as stoves, refrigerators, dishwaters,
and clothes washers and dryers collected separately. White goods are usually
dismantled for the recovery of specific materials (e.g., copper, aluminum, etc.);
and
(uu)Yard waste shall refer to wood, small or chipped branches, leaves, grass
clippings, garden debris, vegetables residue that is recognizable as part of a
plant or vegetable and other materials identified by the Commission.
INSTITUTIONAL MECHANISM
National Solid Waste Management Commission. There is hereby established
a National Solid Waste Management Commission, hereinafter referred to as the
Commission, under the Office of the President. The Commission shall be composed of
fourteen (14) members from the government sector and three (3) members from the
private sector. The government sector shall be represented by the heads of the
following agencies in their ex officio capacity:
(1) Department of Environment and Natural Resources (DENR);
(2) Department of Interior and Local Government (DILG);
(3) Department of Science and Technology (DOST);
(4) Department of Public Works and Highways (DPWH);
(5) Department of Health (DOH);
(6) Department of Trade and Industry (DTI);
(7) Department of Agriculture (DA);
(8) Metro Manila Development Authority (MMDA);
(9) League of provincial governors;
(10) League of city mayors;

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(11) League of municipal mayors;

(12) Association of barangay councils;
(13) Technical Education and Skills Development Authority (TESDA);and
(14) Philippine Information Agency.
The private sector shall be represented by the following:
(a) A representative from nongovernment organizations(NGOs) whose
principalpurpose is to promote recycling and thé protection of air and water
quality;
(b) A representative from the recycling industry; and
(c) A representative from the manufacturing or packaging industry;
The Commission may, from time to time, call on any other concerned agencies or
sectors as it may deem necessary. Provided, That representatives from the NGOs,
recycling and manufacturing or packaging industries shall be nominated through a
process designed by themselves and shall be appointed by the President for a term of
three (3) years.
Provided, further, That the Secretaries of the member agencies of the
Commission shall formulate action plans for their respective agencies to complement
the National Solid Waste Management Framework. The Department Secretary and a
private sector representative of the Commission shall serve as chairman and vice
chairman, respectively. The private sector representatives of the Commission shall be
appointed on the basis of their integrity, high degree of professionalism and having
distinguished themselves in environmental and resource management. The members of
the Commission shall serve and continue to hold office until their successors shall have
been appointed and qualified. Should a member of the Commission fail to complete
his/her term, the successor shall be appointed by the President of the Philippines but
only for the unexpired portion of the term. Finally, the members shall be entitled to
reasonable traveling expenses and honoraria.
The Department, through the Environmental Management Bureau, shall provide
secretariat support to the Commission. The Secretariat shall be headed by an executive
director who shall be nominated by the members of the Commission and appointed by
the chairman.
Powers and Functions of the Commission. –
The Commission shall oversee the implementation of solid waste management
plans and prescribe policies to achieve the objectives of this Act. The Commission shall
undertake the following activities:
(a) Prepare the National Solid Waste Management Framework;

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(b) Approve local solid waste management plans in accordance with its rules
andregulations;
(c) Review and monitor the implementation of local solid waste
managementplans;
(d) Coordinate the operation of local solid waste management boards in
theprovincial and city/municipal levels;
(e) To the maximum extent feasible, utilizing existing resources, assist
provincial,city and municipal solid waste management boards in the
preparation, modification, and implementation of waste management plans;
(f) Develop a model provincial, city and municipal solid waste management
planthat will establish prototypes of the content and format which provinces,
cities and municipalities may use in meeting the requirements of the National
Solid Waste Management Framework;
(g) Adopt a program to provide technical and other capability building
assistanceand support to local government units in the development and
implementation of source reduction programs;
(h) Develop and implement a program to assist local government units in
theidentification of markets for materials that are diverted from disposal
facilities through re-use, recycling, and composting, and other environment-
friendly methods;
(i) Develop a mechanism for the imposition of sanctions for the violation
ofenvironmental rules and regulations;
(j) Manage the Solid Waste Management Fund;
(k) Develop and prescribe procedures for the issuance of appropriate permitsand
clearances;
(l) Review the incentives scheme for effective solid waste management,
forpurposes of ensuring relevance and efficiency in achieving the objectives
of this Act;
(m) Formulate the necessary education promotion and information
campaignstrategies;
(n) Establish, after notice and hearing of the parties concerned,
standards,criteria, guidelines and formula that are fair, equitable and
reasonable in establishing tipping charges and rates that the proponent will
charge in the operation and management of solid waste management
facilities and technologies;
(0) Develop safety nets and alternative livelihood programs for small recyclers
and other sectors that will be affected as a result of the construction and/or
operation of a solid waste management recycling plant or facility;

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(p) Formulate and update a list of non-environmentally acceptable materials

inaccordance with the provisions of this Act. For this purpose, it shall be
necessary that proper consultation be conducted by the Commission with all
concerned industries to ensure a list that is based on technological and
economic viability;
(q) Encourage private sector initiatives, community participation and
investmentsresource recovery-based livelihood programs for local
communities;
(r) Encourage all local government agencies and all local government units
topatronize products manufactured using recycled and recyclable materials;
(s)Propose and adopt regulations requiring thesource separation and
postseparation collection, segregated collection, processing, marketing and
sale of organic and designated recyclable material generated in each local
government unit; and
(t) Study and review the following:
(i) Standards, criteria and guidelines for the promulgation
andimplementation of an integrated national solid waste management
framework; and
(ii) Criteria and guidelines for siting, design, operation and
maintenance ofsolid waste management facilities.
Meetings.—The Commission shall meet at least once a month.
The presence of at least a majority of the members shall constitute a quorum.
The chairman, or in his absence the vice-chairman, shall be presiding officer. In the
absence of the heads of the agencies mentioned in Section 4 of this Act, they may
designate permanent representatives to attend the meetings.
The National Ecology Center.– There shall be established a National Ecology
Center under the Commission which shall provide consulting, information, training, and
networking services for the implementation of the provisions of this Act. In this regard, it
shall perform the following functions:
(a) Facilitate training and education in integrated ecological solid
wastemanagement;
(b) Establish and manage a solid waste management information data base,
incoordination with the DTI and other concerned agencies:
(1) On solid waste generation and management techniques as well as
themanagement, technical and operational approaches to resource recovery;
and
(2) Of processors/recyclers, the list of materials being recycled or bought by
themand their respective prices;

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(c) Promote the development of a recycling market through the establishment ofa
national recycling network that will enhance the opportunity to recycle;
(d) Provide or facilitate expert assistance in pilot modeling of solid
wastemanagement facilities; and
(e) Develop, test, and disseminate model waste minimization and
reductionauditing procedures for evaluating options.
The National Ecology Center shall be headed by the director of the Bureau in his
ex officio capacity. It shall maintain a multi-sectoral, multi-disciplinary pool of experts
including those from the academe, inventors, practicing professionals, business and
industry, youth, women and other concerned sectors, who shall be screened according
to qualifications set by the Commission.
Role of the Department.– For the furtherance of the objectives of this Act, the
Department shall have the following functions:
(a) Chair the Commission created pursuant to this Act;
(b) Prepare an annual National Solid Waste Management Status Report;
(c) Prepare and distribute information, education and communication materials on
solidwaste management;
(d) Establish methods and other parameters for the measurement of waste
reduction,collection and disposal;
(e) Provide technical and other capability building assistance and support to the LGUsin
the development and implementation of local solid waste management plans and
programs;
(f) Recommend policies to eliminate barriers to waste reduction programs;
(g) Exercise visitorial and enforcement powers to ensure strict compliance with this Act;
(h) Perform such other powers and functions necessary to achieve the objectives to
thisAct; and
(i) Issue rules and regulations to effectively implement the provisions of this Act.
Visitorial Powers of the Department.– The Department or its duly authorized
representative shall have access to, and the right to copy therefrom, the records
required to be maintained pursuant to the provisions of this Act. The Secretary or the
duly authorized representative shall likewise have the right to enter the premises of any
generator, recycler or manufacturer, or other facilities any time to question any
employee or investigate any fact, condition or matter which may be necessary to
determine any violation, or which may aid in the effective enforcement of this Act and its
implementing rules and regulations. This Section shall not apply to private dwelling
places unless the visitorial power is otherwise judicially authorized.
Role of LGUs in Solid Waste Management.-- Pursuant to the relevant
provisions of R.A. No. 7160, otherwise known as the Local Government Code, the

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LGUs shall be primarily responsible for the implementation and enforcement of the
provisions of this Act within their respective jurisdictions. Segregation and collection of
solid waste shall be conducted at the barangay level specifically for biodegradable,
compostable and reusable wastes: Provided, That the collection of non-recyclable
materials and special wastes shall be the responsibility of the municipality or city.
Provincial Solid Waste Management Board.-- A Provincial Solid Waste
Management Board shall be established in every province, to be chaired by the
governor. Its members shall include:
(a) All the mayors of its component cities and municipalities;
(b) One (1) representative from the Sangguniang Panlalawigan to be represented by
thechairperson of either the Committees on Environment or Health or their
equivalent committees, to be nominated by the presiding officer;
(c) The provincial health and/or general services officers, whichever may
berecommended by the governor;
(d) The provincial environment and natural resources officer;
(e) The provincial engineer;
(f) Congressional representative/s from each congressional district within the province;
(g) A representative from the NGO sector whose principal purpose is to
promoterecycling and the protection of air and water quality;
(h) A representative from the recycling industry;
(i) A representative from the manufacturing or packaging industry; and
Republic Act No.9275- Philippine Clean Water Act of 2004
The Philippine Clean Water Act of 2004.Republic Act (R.A.) No. 9275 titled “An
Act Providing for a Comprehensive Water Quality Management and for Other
Purposes”, also known as the Philippine Clean Water Act of 2004 (CWA), was signed
by former President Gloria Macapagal-Arroyo on March 22,2004.
Republic Act No.8749- Philippine Clean Air Act of 1999
The State shall promote and protect the global environment to attain sustainable
development while recognizing the primary responsibility of local government units to
deal with environmental problems. The State recognizes that the responsibility of
cleaning the habitat and environment is primarily area-based. The State also recognizes
the principle that “polluters must pay”.
-provides for a comprehensive air pollution control policy
Other Philippine Laws on environment and its protection:
R.A.9729- Climate Change Act of 2009.

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-An act mainstreaming climate change into government policy formulations,

establishing the framework strategy and program on climate change, creating for this
purpose the climate change commission, and for other purposes.
R.A. No. 9512 – “National Environmental Awareness a Education Act of 2008”.
Consistent with the policy of the State to protect and advance the right of the
people to a balanced and healthful ecology in accord with the rhythm and harmony of
nature, and in recognition of the vital role of the youth in nation building and the role of
education to foster patriotism and nationalism, accelerate social progress, and promote
total human liberation and development, the state shall promote national awareness on
the role of natural resources in economic growth and the importance of environmental
conservation and ecological balance towards sustained national development.
Republic Act 9175 Chain Saw Act (2002)
An Act Regulating the Ownership, Possession, Sale, Importation and Use of
Chain Saws, Penalizing Violations And For Other Purposes Persons authorized to
possess or use chain saw:
 Has a subsisting number license agreement, production sharing agreement, or
similar agreements, or a private land number permit;
 Is an orchard and fruit tree farmer;
 Is an industrial tree farmer;
 Is a licensed wood processor and the chain saw shall be used for the cudng of
number that has been legally sold to said applicant  Shall use the chain saw for
a legal purpose.
(Republic Act No. 8485 Animal Welfare Act of 1998
Act to protect and promote the welfare of all animals in the Philippines by
supervising and regulating the establishment and operations of all facilitates utilized for
breeding, maintaining, keeping, treating or training of all animals either as objects of
trade or as household pets. Pet animal shall include bird. Any form of cruelty shall be
penalized
R.A. 8550(1998)- The Fisheries Code of the Philippines
- Defines the policies of the state in the protection, conservation and effective
management of fisheries stock as well as identifying allowable fishing methods in
Philippine coastal waters.
Republic Act No. 7942- Philippine Mining Act of 1995
All mineral resources in public and private lands within the territory and exclusive
economic zone of the Republic of the Philippines are owned by the State.
It shall be the responsibility of the State to promote their rational exploration,
development, utilization and conservation through the combined efforts of government

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and the private sector in order to enhance national growth in a way that effectively
safeguards the environment and protect the rights of affected communities
Presidential Decree No.705 (Revising P.D. No.389)- The Forestry Reform Code of
the Philippines)
Republic Act No. 8550 (The Philippine Fisheries Code of 1998) – An Act providing
for the development, management, and conservation of fisheries and aquatic resources,
integrating all laws pertinent thereto, and for other purposes.
Republic Act No. 7942 (Philippine Mining Act of 1995)– In March 1995,President
Fidel Ramos signed into law the Philippine Mining Act (Republic Act No. 7942)which
was designed to revive the mining industry and attract more foreign investment by
defining the agreements for mineral exploitation, and provide the requirements for
acquiring mining rights
Presidential Decree 984 (Revising R.A. 3931- Pollution Control Law)- Presidential
Decree No.984 providing for the revision of Republic Act No. 3931, commonly known as
the Pollution Control Law, and for other purposes.
R.A.7160- Local Government Code of 1991
Provides that local government should share with the national government the
responsibility in the management and maintenance of ecological balance within their
territorial jurisdiction subject to national policies and other pertinent provisions of the
code.
Presidential Decree 1586- Philippine Environmental Impact Statement System
Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Wastes Control
Act of 1990) – Authorizes the DENR to establish a program to regulate, restrict or
prohibit the importation, manufacture, processing, sale, destruction, use and disposal of
chemical substances, and mixture that present unreasonable risk and/or injury to health
or the environment.
Republic Act No. 7586 (NIPAS ACT- An Act Providing for the Establishment and
Management of National Integrated Protected Areas System)
Commonwealth Act No.73 of 1936 (An Act Prohibiting the Hunting, Killing, Wounding,
or Taking of the Tamaraw)
Republic Act 3983 of 1932 (An Act for the Protection of Wild Flowers and Plants)
Presidential Decree No.374 (Amending Certain Section of R.A. 4846-Cultural
Properties Preservation and Protection Act)
P.D. 1151(1979) - Philippine Environmental Policy
-Defines the general policies on the pursuit of a better quality of life for the
present and future generations and mandates the undertaking the environmental impact
assessments for all projects, which may significantly affect the environment.

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P.D. 1586(1978)- Establishing an Environment Impact Statement System, Including

Other Environmental Management Related.
-Defines the framework for the implementation of the environmental impact
assessment as the mechanism to reconcile the impacts of development projects on
society and the physical environment.
P.D. 1152(1977) - Air Quality Management
- to achieve and maintain such levels of air quality as to protect public
health andto prevent to the greatest extent practicable, injury and or damage to plant
and animal life and property, and promote the social and economic development of the
country. P.D. 1219 (1977) – Providing for the Protection of Coral Ecosystems.
- It is necessary that the exploration, exploitation, utilization and
conservation ofthese resources be properly regulated to ensure the preservation of the
country’s marine environment.
P.D.1015(1976) - Banning the Operation of Commercial Fishing within a Distance of 7
Kilometers from the Shoreline.
- It is the policy of the state to uplift the economic condition of the municipal
andsmall-scale fishermen
P.D.1058(1976)- Increasing the Penalties for lllegal forms of Fishing.
- There is a need to increase the penalties for certain acts prohibited by
existingpenal laws for a more effective protection of the nation’s fish resources
P.D.1067(1976)- Water Code of the Philippines
- adopts adequate measures to conserve and regulate the use of water
incommercial, industrial and residential areas. It also provides other policy guidelines in
water quality and management of water resources.
P.D.389(1974) (P.D. 705) - The Forestry Reform Code
-codifies, updates and raises forestry laws in the country. It emphasizes the
sustainable utilization of forest resources.
P.D.330 & P.D.953- Laws on Penalizing lllegal Cutting of Trees
-Public forests and forest reserves are important natural resources of the country
which must be preserved and conserved for future generations it is the solemn duty of
every citizen to protect public forest and forest reserves from indiscriminate logging,
senseless denudation and wanton destruction to the detriment of the present and future
generations.
P.D.953 & 1153- Laws on Tree Planting
- The planting of trees on lands adjoining the edge of rivers and creeks in
both ameasure of beautification and reforestation and the planting of trees along roads

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and areas intended for the common use of owners of lots in subdivisions will provide
shade and healthful environment therein.
P.D.704(1974) – Preservation of Optimum Productivity of Fishery Resources through
Conservation and Protection.
- there is a compelling need to increase the production of fish to bring down
itsprice to a level which will be within the reach of our people, and at the same time
insure the continuity of out fishery resources in productive condition through wise
utilization and proper conservation
P.D.331(1973) – Requiring that all Public Forests be developed, Managed, and Utilized
on a Sustainable Yield Basis with the Benefit of Technical Forestry know-how of
Registered Foresters.
- The Philippine forests are the patrimony of the Filipino people and as such
theyhave to be developed, managed, and utilized in such a manner as to insure their
perpetuity in productive condition for the benefit of all Filipinos, living or yet to be born
P.D.463(1974) – Providing for a modernized system of administration and disposition of
mineral lands and to promote and encourage the development of exploitation.
- Mineral production is a major support of the national economy, and
thereforethe intensified discovery, exploration, development and wise utilization of the
country’s mineral resources are urgently needed for national development.
P.D. 1198(1977) – Reinforces this provision for restoration of mined-out areas to this
original condition to the extent possible.
- it is the policy of the State to create, develop, maintain and improve
conditionsunder which man can be most productive and to insure the attainment of an
environmental quality that enhances his dignity and well-being
P.D. 1251(1977) – Imposing a fee on operating mining companies to be known as “mine
wastes and tailing fee” to compensate for damages to private landowners
-A semi-annual fee to be known as “Mine Wastes and Tailings Fee” is hereby
imposed on all operating mining companies at such amount/s to be determined by the
Secretary of National Resources, upon the recommendation of the Director of Mines,
P.D.984(1976)- The Revision of Republic Act No.3931,Commonly Known as the
Pollution Control Law.
-It is hereby declared a national policy to prevent, abate and control pollution of
water, air and land for the more effective .utilization of the resources of this country.
P.D.1181(1977) (supplements the provision of P.D. 984)- Providing for the
Abatement, Control and Prevention of Vehicular Pollution & Establishing the Maximum
Allowance Emissions of Specific air Pollutants from all Types of Vehicle.
- It is the purpose of this Decree to prevent, control, and abates the emission of
air pollution from motor

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vehicles in order to protect the health and welfare of the people and to prevent or
minimize damage to property and hazards to land transportation.
P.D. 600(1974) (amended by P.D. 979) - Water Pollution Control
-prohibits the discharge of oil, noxious liquid substances, and other harmful
substances into the country’s inland and territorial waters.
P.D.825(1975)- Providing Penalty for Improper Disposal of Garbage and other forms of
Uncleanliness
- One of the principal aims of the New Society is to effect social, economic
andpolitical reform through discipline and order;
P.D. 856(1975)- Sanitation Code
Places the responsibility in the local government units for he solid waste
management in his area of production.
P.D. 1144(1977) - Control of Pesticides
- It is a Government policy to provide adequate assistance to the
agriculturalsector in line with national objective of increasing food production;
PNP MASTERPLAN SANGYAMAN
Likewise, the Philippine National Police has a campaign plan named
SANGYAMAN. It is the PNP’s Master Plan to Help Protect and Preserve Our
Environment, Cultural Properties and Natural Resources
This master plan prescribes the guidelines to be followed by tasked PNP
Units/Offices in assisting lead government agencies in the enforcement of laws over
Philippine territorial waters, lakes, rivers, mountain ranges, forest, to include laws and
ordinances that have been set forth to preserve, protect and enhance our environment
and natural resources, in close coordination with the Department of the Environment
and Natural Resources, Department of Agriculture, National Museum and other tasked
government agencies and non-government organizations.
The Philippines is one of the countries in the world blessed with significantly rich
natural resources. In fact, almost all kinds of minerals, metals, precious stones, animal
species, plants, and trees can be found in this very unique archipelago.
However, Filipinos and foreigners alike have exploited these resources, and even
worse, to the extent of over exploiting and destroying it. The most affected are our
marine, aquatic and forest resources. The continuing degradation of our remaining
natural resources has reached critical proportion due to illegal destructive methods for
business or personal motives. Further contributing to the deterioration of our
environment is the exacerbating pollution emanating from vehicles brought about by the
rapid urban growth and industrialization.

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OBJECTIVES
To protect, conserve, and develop our environment and natural resources, in
coordination with and in direct support of all government agencies
STRATEGIC CONCEPT
1. Operationalization of Integrated Area/Community Public Safety Plan One of
theareas of concern embodied in the Integrated Area/Community Public Safety is
the protection of the environment and natural resources/ As part of the strategic
concept, the INTEGRATED AREA COMMUNITY PUBLIC SAFETY PLAN
(IA/CPSP) is the blue print for the protection of lives and properties in a given
locality and its concept requires the total mobilization of all available resources
and the simultaneous conduct of complementary programs that will involve the
civilian, police and military components of society.
The primary responsibility of the PNP is to assist the DENR and other
tasked government agencies in the conduct of anti-crime operations
implementing appropriate environmental, cultural, and natural resources
protection laws.
2. Employment of both territorial units/offices and selected NSUs in the conduct
ofan all out and sustained campaign to protect and preserve our environment ,
natural heritage and natural resources should be executed in tandem with
concerned government agencies.
BROAD OBJECTIVES
To protect, conserve and develop our environment and natural resources, in
coordination with and in direct support of all concerned government agencies.
SPECIFIC OBJECTIVES
1. Protect Lives- People must learn to properly utilize and protect our
environment, cultural properties and natural resources. It is unfortunate for
our country to have experienced disasters that claimed thousands’ of lives
which can be attributed to peoples ‘reckless and erroneous utilization of our
natural resources. The disaster that had happened in Ormoc is a clear picture
of nature’s way of retaliating to man’s irresponsiveness.
2. Enhance Public Safety- Public safety remains to be the top priority of the
PNP. Destruction of lives and property. Caused by continuous misuse,
abuse, and malpractices of the people on our natural resources must be fully
stopped in. order to protect these resources and promote public safety.
Hence, the PNP, being deputized to enforce environmental laws, should
relentlessly conduct operations that would effect the arrest and conviction of
violators and preempt the same from ensuing.
Community Participation in the protection, conservation and development of
environment and natural resources. Community participation is an indispensable
element in the protection,
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conservation and development of natural resources. The realization of the vision to live
in a community with vast source of natural resources and an environment worthy of
emulation will come about through the voluntary community support and cooperation to
environmental protection law enforcement, prevention and control activities.
DEFINITION OF TERMS
1. Aquaculture- fishery operations involving all forms of raising and culturing fishand
other fishery species in fresh, brackish, marine areas.
2. Air Pollutant- means any matter found in the atmosphere other than
oxygen,nitrogen, water vapor, carbon dioxide, and the inert gases in their natural
or normal concentrations, that is detrimental to health or the environment, which
includes but not limited to smoke, dust, soot, cinders, fly ash, solid particles of
any kind, gases, fumes, chemical mists, steam and radio-active substances.
3. Air Pollution- means any alteration of the physical, chemical and

biologicalproperties of the atmospheric air, any discharge thereto of any liquid,
gaseous or solid substances that will or is likely to create or to render the air
resources of the country harmful, detrimental, or injurious to public health, safety
or welfare or which will adversely affect their utilization for domestic, commercial,
industrial, agricultural, recreational, or other legitimate purposes.
4. Aquatic Pollution – the introduction by human or machine, directly or indirectly

ofsubstances or energy to the aquatic environment which result or is likely to
result in such deleterious effects as to harm living and non-living aquatic
resources, pose potential and/or real hazard to human health, hindrance to
aquatic activities such as fishing and navigation, including dumping/disposal of
waste and other marine litters, discharge of petroleum or residual products of
petroleum or carbonaceous materials/substances and other radioactive, noxious
or harmful liquid, gaseous or solid substances, from any water, land or air
transport or other human made structure. Deforestation, unsound agricultural
practices such as the use of banned chemicals and excessive use of chemicals,
intensive use of artificial fish feed and wetland conversion, which cause similar
hazards and deleterious effects shall also constitute aquatic pollution.
5. Aquatic Resources - includes fish, all other aquatic flora and fauna and
otherliving resources of the aquatic environment, including but not limited to see
corals.
6. Antiques – are cultural properties found locally which are one hundred years
ormore of age or even less, but their production having ceased, they have,
therefore, become or are becoming rare.
7. Artifacts – are articles which are products of human skills or

workmanship,especially in the simple product of primitive arts or industry
representing past eras or periods.

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8. Artificial Reefs – any structure of natural or man-made materials placed on abody

of water to serve as shelter and 2habitat, source of food, breeding areas for
fishery species, and shoreline protection.
9. Catch Ceilings – refers to the annual catch limits allowed to be taken, gathered
orharvested from any fishing area in consideration of the need to prevent over
fishing and harmful depletion of breeding stocks of aquatic organisms.
10.Chemical Substance – means any organic or inorganic substance of a particular

molecular identity including any combination of such substances occurring in
whole or in part as a result of chemical reaction or occurring in nature.
11.Closed Season – the period during which the taking of the specified fishery
species by a specified fishing gear is prohibited in a specified area or areas in
Philippine waters.
12.Commercial Fishing – the taking of fishery species by passive or active gear for
trade business or profit beyond subsistence or sports fishing.
13. Coral Reef – a natural aggregation of coral skeleton with or without living coral
polyps, occurring in intertidal and sub-tidal marine waters.
14.Cultural Properties- are old buildings, monuments, shrines, documents, and

objects which may be classified as antiques, relics, or artifacts, landmarks,
anthropological and historical sites, and specimens of natural history which are of
cultural, historical, anthropological, archaeological or scientific value and
significance to the nation historical objects and manuscripts; household and
agricultural implements, decorative articles or personal adornment; works of art
such as paintings, sculptures, carvings, jewelry, music, architecture, sketches,
drawings, or illustrations in part or in whole; works of industrial and commercial
art such furniture, pottery, ceramics, wrought iron, gold, bronze, silver, wood, or
other heraldic items, metals, coins, medals, badges, insignias, coat of arms,
crests, flags, arms and armor, vehicles or ships or boats in part or in whole.”
15.Ecosystem – means the ecological community considered together with nonliving

factors and its environment as a unit.
16.Electro fishing – the use of electricity generated by batteries, electric generators

and other source of electric power to kill, stupefy, disable or render unconscious
fishery species, whether or not the same are subsequently recovered.
17.Endangered, Rare, and/or Threatened Species – aquatic plants, animals

including some varieties of corals and sea shells in danger of extinction as
provided for in existing fishery laws, rules and regulations.

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18.Environmental Compliance Certificate(ECC) – is the document issued by the

government agency concerned certifying that the project under consideration will
not bring about an unacceptable -environmental impact and that the proponent
has complied with the requirements of the environmental impact statement
system.
19.Greenhouse Gases- means those gases that can potentially or can reasonably
be expected to induce global warming, which includes carbon dioxide, methane,
oxides of nitrogen, chorofluorocarbons, and the like.
20.Fishery/Aquatic Products – include not only fin fish but also mollusk, crustaceans,
echinoderms, marine mammals and all other species of aquatic flora and fauna
and other products of aquatic living resources in any form.
21.Fishing with Explosives – the use of the dynamite, other explosives or other
chemical compounds that contains combustible elements or ingredients which
upon ignition by friction, concussion, percussion, or detonation of all or parts of
the compound will kill, stupefy, disable or render unconscious any fishery
species. It also refers to the use of any other substance and/or device which
causes an explosion that is capable of producing the said harmful effects on any
fishery species and aquatic resources and capable of damaging and altering the
natural habitat.
22. Fishing With Noxious or poisonous Substances-- the use of any substance, plant
extracts or juice thereof, sodium cyanide and/or cyanide compounds or other
chemicals either in raw or processed form, harmful or harmless to human beings,
which will kill, stupefy, disable or render unconscious any fishery species and
aquatic resources and capable of damaging and altering the natural habitat.
23.Forest Products-- means timber, pulpwood, firewood, bark, tree top, resin, gum,
wood, oil, honey, beeswax, nipa, rattan, or other forest growth such as grass, shrub,
and flowering plant, the associated water, fish, game, scenic, historical, recreational,
and geological resources in forest lands.
24.Hazardous Waste – are hereby defined as substances that are without any safe
commercial, industrial, agricultural or economic usage and are shipped, transported
or brought from the country of origin for dumping or disposal into or in transit through
any part of the territory of the Philippines.
25.Historical Site – is any place, province, city, town, and/ or location and structure
which has played a significant and important role in the history of our country and
nation. Such significance and importance may be cultural, political, sociological or
historical.
26.Infectious Waste – means that portion of medical waste that could transmit an
infectious disease.

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27.Kaingin – refers to the shifting and/or permanent slash-and-burn cultivation of

forest land having little or no provision to prevent soil erosion.
28. Lake – an inland body of water, an expanded part of a river, a reservoir formedby
a dam or lake basin intermittently or formerly covered by water.
29. Minerals, refers to all naturally occurring inorganic substances in solid, gas,liquid
or any intermediate state excluding energy materials such as coal, petroleum,
natural gas, radioactive materials, and geothermal energy.
30.Muro-Ami – fishing method that requires diving and other physical or mechanical
acts to pound the coral reefs and other habitat to entrap, gather or catch fish and
other fishery species.
31. National Cultural Treasure—is a unique object found locally,

possessing,outstanding historical, cultural, artistic and/or scientific value which is
significant and important to this country and nation.
32. National Museum – referred to as the Museum, shall be the agency of

thegovernment which shall implement the provision of this act.
33.National Park – refers to a forest reservation essentially of natural wilderness

character which has been withdrawn from settlement, occupancy or any form of
exploitation except with in conformity with approved management plan and set aside
as such exclusively to conserve the area or preserve the scenery, the natural and
historic objects, wild animals and plants therein and to provide enjoyment of these
features in such areas.
34.Non-Governmental Organization (NGO)- an agency, institution, foundation or a

group of persons whose purpose is to assist peoples organizations/associations in
various ways including but not limited to organizing, education, training, research,
and/or resource accessing.
35. Nuclear Wastes – are hazardous wastes made radioactive by exposure to

theradiation incidental to the production or utilization of nuclear fuels but does
not include nuclear fuel, or radioisotopes which have reached the final stage of
fabrication so as to be usable for any scientific, medical, agricultural, commercial
or industrial purpose.
36. People’s Organization– a bonafide association of citizens with

demonstratedcapacity to promote the public interest and with identifiable
leadership, membership and structure, its members belong to a sector/s
voluntarily band themselves for their own upliftment development and greater
good.
37. Philippine
Waters–
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include all bodies of water within the Philippine territory suchas lakes, rivers,
streams, creeks, brooks, ponds, swamps, lagoons, gulfs, bays and seas and
other bodies of water now existing in the provinces, cities, municipalities and
barangays and the waters around between and connecting the islands of the
archipelago regardless of their breadth and dimensions, the territorial sea, the
sea beds, the insular shelves, and all other waters over which the Philippines
has sovereignty and jurisdiction including the 200-nautical miles Exclusive
Economic Zone
and the continental shelf.
38. Premium Hardwood– refers to narra, molave, dao, kamagong, ipil, acacia,
akleapawit, banuyo, batkuling, hetis, bolangeta, taek, tindalo, and manggis
39. Private Lands-- refers to lands covered by either administrative or judicial title or
FREE PATENT,HOMESTED and SALES PATÉNT and TORRENS TITLE obtained
under the Land Registration Act (Act No.496,as amended). Realty Tax Declaration is
not acceptable proof of ownership (DENR Administrative Order No. 121,Series of
199 also includes titled lands and alienable and disposable lands with approved
applications for homestead, free and emancipation patents.
40. Protected Area – refers to identified portions of land and water set aside
byreason of their unique physical and biological significance, managed to
enhance biological diversity and protected against destructive human
exploitation.
41. Quarrying – a process of extracting materials such as 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 from the ground. Also the process of extracting, removing and
disposing quarry resources found on or underneath the surface of private or
public lands.
42. Relics – are cultural properties which, either as a whole or in fragments, are
leftbehind after the destruction or decay of the rest of its parts and which are
intimately associated with important beliefs, practices, customs and traditions,
periods and personages.
43. Selective Logging-- is the systematic removal of the mature, over mature
anddefective trees in such manner as to leave adequate number and volume of
healthy residual trees of the desired species necessary to assure a future crop of
timber, and forest cover for the protection and conservation of soil, and water.
44. Special Private Land Timber Permit(SPLTP) issued to land owners

themselvesby the Secretary of DENR to cut, gather, collect, or remove narra and
other premium hardwood species found in their private land (DENR Memo
Circular No.22 Series of 1990).

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45. Timber License Agreement(TLA)-These permits were issued by the

DENR,pursuant to P.D. 705 and the old constitution and continue to be in full
force and effect until their expiry dates subject to the same term and conditions
as originally granted and approved unless Congress may provide otherwise (Sec
3, Executive Order No.278,Series of 1987).
46.Timber Sharing Agreement (TPSA) – All licensed issued by the DENR to utilize
timber resources from forest areas, in lieu of TLA, in compliance with Sec 2 Article
XII of the New Constitution as implemented under E.O. 278, series of 1987 (DENR
Administrative Order No. 78, Series of 1990).
FIVE (5) IMMEDIATE CONCERNS THAT SHOULD BE ADDRESSED FOR THE
PROTECTION OF THE ENVIRONMENT, CULTURAL PROPERTIES AND NATURAL
RESOURCES
1. Protection of Forest
2. Protection of Fisheries, Marine Life, and Aquatic Resources
3. Ensuring Clean and Safe Land, Air and Water
4. Preservation of Endangered Species and other Wild Life
5. Protection of Cultural Properties
FOREST PROTECTION
Statistics from the Bureau of Forest Development (BFD) maintains that 11.1
million hectares of forest land are still covered with timber, satellite data and surveys
conducted by other quarters reveal a considerably smaller figure. According to the
Forestry Development Center of the University of the Philippines, he remaining living
forests may only cover an area of between 1.9 million and 2.4 million hectares.
Similarly, United Nations Food and Agriculture Organization (UN-FAO) predicted that
the country may lose all its forests within 15 years if the continued destruction is not
averted.
PROTECTION OF FISHERIES,MARINE LIFE AND AQUATIC RESOURCES
The Bureau of Fisheries and Aquatic Resources (BFAR) claims its inability to
stop illegal fishing and harvesting of coral has been hampered by lack of finance. The
lack of public awareness and cooperation in matters dealing with conservation is
another stumbling block in efforts to save the country’s dwindling natural resources.
Coral reefs are considered one of the most productive ecosystems. Their direct
relationship with fish production has long been established: a healthy reef supports
more fish. And in a country like the Philippines, where a great percentage of the
population depends on fishing as a means of livelihood, the importance of coral reefs,
cannot be underrated.
ENSURING CLEAN AND SAFE LAND,AIR AND WATER
The continuous alteration of the physical, chemical, nuclear and biological
properties of any water, air and/or land resources of the Philippines, or any discharge of
any liquid, gaseous or

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solid wastes at will has created and rendered harmful, detrimental or injurious effects to
public health or welfare, and further adversely affect their utilization for domestic,
commercial, industrial, agricultural, recreational or other legitimate purposes.
PRESERVATION OF ENDANGERED SPECIES AND OTHER WILD LIFE
The profound impact of man’s activities on all components of the natural
environment particularly the effect of increasing population, resource exploitation,
industrial advancement and man’s ignorance have caused severe lost to our animal and
plant resources. Recent assessment on the quantity of the varieties of terrestrial,
wetland and marine species of both flora and fauna revealed a very disturbing figures.
Eighty nine percent(89%)of the 558 species of birds nationwide are recognized as
threatened species, likewise 44% threatened species of mammals and 8 species of
endangered reptiles. Similarly, plants in the vast forest areas in the country are
continuously experiencing destruction.
PROTECTION OF CULTURAL PROPERTIES
The Philippines has a unique and rich cultural heritage. Evidences of this in the
form of ancient churches, ancestral homes, natural and man-made sceneries, and the
treasures contained within them are spread out throughout the islands. However, due to
a lack of awareness and attention, many of these God-made and man-made structures
have fallen into disrepair. Because people have not been properly educated, many
historical landmarks are exploited and art pieces are disposed of rather indiscriminately.
In view of the above enumerated problems concerning the environment and
natural resources, it is the policy of the state to protect the people by effectively
enforcing environmental protection laws that would address these problems.
PROHIBITED ACTS|FINES AND PENALTIES|REPUBLIC ACTS
PROHIBITED ACTS|FINES AND PENALTIES | REPUBLIC ACT 6969 TOXIC
SUBSTANCES, HAZARDOUS AND NUCLEAR WASTE CONTROL ACT OF 1990
Section 13. Prohibited Acts. – The following acts and omissions shall be considered
unlawful:
a. Knowingly use in chemical substance or mixture which is
imported,manufactured, processed or distributed in violation of this Act or
implementing rules and regulations or orders;
b. Failure or refusal to submit reports, notices or on the information, access
torecords as required by this Act, or permit inspection of establishment where
chemicals are manufactured, processed, stored or otherwise held;
C. Failure or refusal to comply with the pre-manufacture and pre-importation
requirements; and
d. Cause, aid or facilitate, directly or indirectly, in the storage, importation or
bringing into Philippine territory, including its maritime economic zones, even in
transit, either by means of land, air or sea transportation or otherwise keeping in

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storage any amount of hazardous and nuclear wastes in any part of the
Philippines.
Section 14. Criminal Offenses and Penalties.
a) i. The penalty of imprisonment of six (6) months and one day to six (6) years
andone day and a fine ranging from Six hundred pesos (Php600.00) to Four
thousand pesos (PhP4,000.00) shall be imposed upon any person who shall
violate section 13(a) to (c) of this Act and shall not be covered by the Probation
Law. If the offender is a foreigner, he or she shall be deported and barred from
any subsequent entry into the Philippines after serving his or her sentence; ii. In
case any violation of this Act is committed by a partnership, corporation,
association or any juridical person, the partner, president, director or manager
who shall consent to or shall knowingly tolerate such violation shall be directly
liable and responsible for the act of the employees and shall be criminally liable
as a co-principal;
iii. In case the offender is a government official or employee, he or she shall, in
addition to the above penalties, be deemed automatically dismissed from office
and permanently disqualified from holding any elective or appointive position.
b) i. The penalty of imprisonment of twelve (12) years and one day to twenty
(20)years, shall be imposed upon any person who shall violate section 13 (d) of
this Act. If the offender is a foreigner, he or she shall be deported and barred
from any subsequent entry into the Philippines after serving his or her sentence;
ii. In the case of corporations or other associations, the above penalty shall be
imposed upon the managing partner, president or chief executive in addition to
an exemplary damage of at least Five hundred thousand pesos
(PhP500,000.00). If it is a foreign firm, the director and all officers of such foreign
firm shall be barred from entry into the Philippines, in addition to the cancellation
of its license to do business in the Philippines; iii. In case the offender is a
government official or employee, he or she shall in addition to the above
penalties be deemed automatically dismissed from office and permanently be
disqualified from holding any elective or appointive position.
c) Every penalty imposed for the unlawful importation, entry; transport,manufacture,
processing, sale or distribution of chemical substances or mixtures into or within
the Philippines shall carry with it the confiscation and forfeiture in favor of the
Government of the proceeds of the unlawful act and instruments, tools or other
improvements including vehicles, sea vessels and aircraft used in or with which
the offense was committed. Chemical substances so confiscated and forfeited by
the Government at its option shall be turned over to the Department of
Environment and Natural Resources for safekeeping and proper disposal.
d) The person or firm responsible or connected with the bringing or importation

intothe country of hazardous or nuclear wastes shall be under obligation to
transport or send back said prohibited wastes;

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Any and all means of transportation, including all facilities and appurtenances that may
have been used in transporting to or in the storage in the Philippines of any significant
amount of hazardous or nuclear wastes shall at the option of the government be
forfeited in its favor.
Section 15. Administrative Fines. – In all cases of violations of this Act, including
violations of implementing rules and regulations which have been duly promulgated and
published in accordance with Section 16 of this Act, the Secretary of Environment an
Natural Resources is hereby authorized to impose a fine of not less than Ten thousand
pesos (Php10,000.00), but not more than Fifty thousand pesos (PhP50,000.00) upon
any person or entity found guilty thereof. The administrative fines imposed and collected
by the Department of Environment and Natural Resources shall accrue to a special fund
to be administered by the Department exclusively for projects and research activities
relative to toxic substances and mixtures.
PROHIBITED ACTS |FINES AND PENALTIES|REPUBLIC ACT 9003 ECOLOGICAL
SOLID WASTE MANAGEMENT ACT OF 2000
Section 48. Prohibited Acts – The following acts are prohibited:
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
inviolation 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
inflood prone areas:
7. Unauthorized removal of recyclable material intended for collection
byauthorized persons:
8. The mixing of source-separated recyclable material with other sold waste
inany vehicle, box, container or receptacle used in sold waste collection or
disposal:
9. Establishment or operation of open dumps as enjoined in this Act, Or
closureof said dumps in violation of Sec. 37:
10.The manufacture, distribution or use of non-environmentally acceptable
packaging materials.
11. Importation of consumer products packaged in non-
environmentallyacceptable materials:

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12. Importation of toxic wastes misrepresented as “recyclable” or with

recyclablecontent.
13. Transport and dump log in bulk of collected domestic. Industrial,
commercialand institutional wastes in areas other than centers or facilities
prescribe under this Act:
14. Site preparation, construction, expansion or operation of waste
managementfacilities 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
fromopen dumps or controlled dumps, or sanitary landfill: and
16. The construction or operation of landfills or any waste disposal facility on
anyaquifer, groundwater reservoir, or watershed area and or any portions
thereof.
Section 49. Fines and Penalties
1. Any person who violates Sec. 48 paragraph(1) shall, upon conviction,
bepunished with a fine of not less than Three hundred pesos (P300.00) but
not more than One thousand pesos (P1,000.00) or render community service
for not less than one (1) day to not more than fifteen (15) days to an LGU
where such prohibited acts are committed, or both;
2. Any person who violates Sec. 48, pars. (2) and (3),shall, upon conviction
bepunished with a fine of not less than Three hundred pesos (P300.00) but
not more than One thousand pesos (P1,000.00) or imprisonment of not less
than one (1) day but to not more than fifteen (15) days, or both;
3. Any person who violates Sec. 48,pars. (4),(5),(6) and(7) shall,
uponconviction, be punished with a fine of not less than One thousand pesos
(P1,000.00) but not more than Three thousand pesos (P3,000.00) or
imprisonment of not less than fifteen (15) day but to not more than six (6)
months, or both;
4. Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first
timeshall, upon conviction, pay a fine of Five hundred thousand pesos
(P500,000.00) plus and amount not less than five percent (5%) but not more
than ten percent (10%) of his net annual income during the previous year.
5. The additional penalty of imprisonment of a minimum period of one (1)

yearbut not to exceed three (3) years at the discretion of the court, shall be
imposed for second or subsequent violations of Sec. 48, pars. (9) and (10).
6. Any person who violates Sec. 48, pars. (12) and (13)shall, upon conviction,be
punished with a fine not less than Ten thousand pesos (P10,000.00) but not

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more than Two hundred thousand pesos (P200,000.00) or imprisonment of

not less than thirty (30) days but not more than three (3) years, or both;
7. Any person who violates Sec. 48, pars.(14),(15) and(16) shall,

uponconviction, be punished with a fine not less than One hundred thousand
pesos (P100,000.00) but not more than One million pesos (P1,000,000.00),
or imprisonment not less than one (1) year but not more than six(6) years, or
both.
8. If the offense is committed by a corporation, partnership, or other

juridicalidentity duly recognized in accordance with the law, the chief
executive officer, president, general manager, managing partner or such
other officer-in-charge shall be liable for the commission of the offense
penalized under this Act.
9. If the offender is an alien, he shall, after service of the sentence

prescribedabove, be deported without further administrative proceedings.
10.The fines herein prescribed shall be increased by at lest ten (10%) percent
every three (3) years to compensate for inflation and to maintain the deterrent
functions of such fines.
Section 50. Administrative Sanctions- Local government officials and officials of
government agencies concerned who fail to comply with and enforce rules and
regulations promulgated relative to this Act shall be charged administratively in
accordance with R.A. 7160 and other existing laws, rules and regulations
PROHIBITED ACTS |FINES AND PENALTIES|REPUBLIC ACT 9275 PHILIPPINE
CLEAN WATER ACT OF 2004
What are the prohibited acts under R.A. 9275?
Among others, the Act prohibits the following:
• Discharging or depositing any water pollutant to the water body, or such which will
impede natural flow in the water body
• Discharging, injecting or allowing to enter into the soil, anything that would pollute
groundwater
• Operating facilities that discharge regulated water pollutants without the valid
required permits
• Disposal of potentially infectious medical waste into sea by vessels
• Unauthorized transport or dumping into waters of sewage sludge or solid waste.
• Transport, dumping or discharge of prohibited chemicals, substances or pollutants
listed under Toxic Chemicals, Hazardous and Nuclear
Wastes Control Act (Republic. Act No.6969)

• Discharging regulated water pollutants without the valid required discharge permit
pursuant to this Act
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• Noncompliance of the LGU with the Water Quality Framework and Management
Area Action Plan
• Refusal to allow entry, inspection and monitoring as well as access to reports and
records by the DENR in accordance with this Act
• Refusal or failure to submit reports and/or designate pollution control officers
whenever required by the DENR in accordance with this Act
• Directly using booster pumps in the distribution system or tampering with the water
supply in such a way to alter or impair the water quality
• Operate facilities that discharge or allow to seep, willfully or through grave
negligence, prohibited chemicals, substances, or pollutants listed under R.A.
No.6969, into water bodies.
• Undertake activities or development and expansion of projects, or operating
wastewater treatment/sewerage facilities in violation of P.D.1586 and its IRR.
What are the fines and penalties imposed on polluters?
The following are among the fines and penalties for violators of this Act and
its IRR:
Upon the recommendation of the Pollution Adjudication Board (PAB), anyone
who commits prohibited acts such as discharging untreated wastewater into any water
body will be fined for every day of violation, the amount of not less than Php 10,000 but
not more than Php 200,000.
Failure to undertake clean-up operations willfully shall be punished by
imprisonment of not less than two years and not more than four years. This also
includes a fine of not less than Php 50,000 and not more than Php 100,000 per day of
violation. Failure or refusal to clean up which results in serious injury or loss of life or
lead to irreversible water contamination of surface, ground, coastal and marine water
shall be punished with imprisonment of not less than 6 years and 1 day and not more
than 12 years and a fine of Php 500,000/day for each day the contamination or
omission continues.
In cases of gross violation, a fine of not less than Php 500,000 but not more than
Php 3,000,000 will be imposed for each day of violation. Criminal charges may also be
filed.
PROHIBITED ACTS |FINES AND PENALTIES|REPUBLIC ACT 8749 PHILIPPINE
CLEAN AIR ACT OF 1999
Section 1. Fines and Penalties for Violations of Other Provisions in the Act
For violations of all other provisions provided in the Act and these Implementing
Rules and Regulations, fine of not less than Ten Thousand Pesos (P 10,000.00) but not
more than One Hundred Thousand Pesos (P 100,000.00) or six (6) years imprisonment
or both shall be imposed. If the offender is a juridical person, the president, manager,
directors, trustees, the pollution control officer or officials directly in charge of the
operation shall suffer the penalty herein provided.

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Section 2. Burning of Municipal Waste

Any person who burns municipal waste in violation of Sections 1 and 3 of Rule
XXV shall be punished with two (2) years and one (1) day to four (4) years
imprisonment.
Section 3. Burning of Hazardous Substances and Wastes Any person who burns
hazardous substances and wastes in violation of Section 1 of Rule XXV shall be
punished with four (4) years and one (1) day to six (6) years imprisonment.
Section 4. Burning of Bio-Medical Waste. Any person who burns bio-medical waste in
violation of Section 4 of Rule XXV shall be punished with four (4) years and one (1) to
six (6) years imprisonment.
Section 5. Smoking in Public Places Any person who smokes inside a public building or
an enclosed public place, including public utility vehicles or other means of public
transport or in any enclosed area outside of his private residence, private place of work
or any duly designated smoking area shall be punished with six (6) months and one (1)
day to one (1) year imprisonment or a fine of ten thousand pesos (P 10,000.00).
Section 6. Manufacture, Importation, Sale, Offer for Sale, Introduction into Commerce,
Conveyance or other Disposition of Leaded Gasoline.
Any person who manufactures, imports, sells, offers for sale, introduces into
commerce, conveys or otherwise disposes of, in any manner leaded gasoline shall be
punished with three (3) years and one (1) day to five (5) years imprisonment and liable
for the appropriate fine as provided in Section 1.
Section 7. Manufacture, Importation, Sale, Offer for Sale, Introduction into Commerce,
Conveyance or other Disposition of Engines and/or Engine Components Requiring
Leaded Gasoline.
Any person who manufactures, imports, sells, offers for sale, introduces into
commerce, conveys or otherwise disposes of, in any manner engines and/or engine
components which require the use of leaded gasoline shall be punished with three (3)
years and one (1) day to five (5) years imprisonment and liable for the appropriate fine
as provided in Section 1.
Section 8. Manufacture, Importation, Sale, Offer for Sale, Dispensation, Transportation
or Introduction into Commerce of Unleaded Gasoline Fuel which do not Meet the Fuel
Specifications. – Any person who manufactures, sells, offers for sale, dispenses,
transports or introduces into commerce unleaded premium gasoline fuel in violation of
Section 3 of Rule XXXI or which do not meet the fuel specifications as revised by the
DOE shall be punished with three (3) years and one (1) day to five(5) years
imprisonment and liable for the appropriate fine as provided in Section 1.
Section 9. Manufacture, Importation, Sale, Offer for Sale, Dispensation, Transportation
or Introduction into Commerce of Automotive Diesel Fuel which do not Meet the Fuel.

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transports or introduces into commerce automotive diesel fuel in violation of Section 3 of
Rule XXXI or which do not meet the fuel specifications as revised by the DOE shall be
punished with three (3)years and one (1) day to five (5) years imprisonment and liable
Section 10. Manufacture, Importation, Sale, Offer for Sale, Dispensation,
Transportation or Introduction into Commerce of Industrial Diesel Fuel which do not
Meet the Fuel
transports or introduces into commerce industrial diesel fuel in violation of Section 3 of
Rule XXXI or which do not meet the fuel specifications as revised by the DOE shall be
punished with three (3) years and one (1) day to five (5) years imprisonment and liable
Section 11. Manufacture, Processing, Trade of Fuel or Fuel Additive Without Prior
Registration of the Fuel or Fuel Additive with the DOE
Any person who manufactures, processes, or engages in the trade of any fuel or
fuel additive without having the fuel or fuel additive registered with the DOE shall be
punished with two(2) years and one (1) day to four (4) years of imprisonment and liable
Section 12. Misfuelling.
Misfuelling refers to the act of introducing or causing or allowing the introduction
of leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and
labeled “unleaded gasoline only.”
Any person who misfuels shall be punished with one (1) year and one(1) day to
three (3) years imprisonment or a fine of twenty thousand pesos (P 20,000.00)
PROHIBITED ACTS | FINES AND PENALTIES|PRESIDENTIAL DECREE 1586
ENVIRONMENTAL IMPACT STATEMENT (EIS) STATEMENT OF 1978 Legal Basis
of Fines and Penalties
The fines, penalties and sanctions of the Philippine EIS System is based on the
Section 9.0 provision of P.D. 1586, as follows: “ Penalty for Violation.- Any person,
corporation or partnership found violating Section 4 of this Decree, or the terms and
conditions in the issuance of the Environmental Compliance Certificate, or of the
standards, rules and regulations issued by the National Environmental Protection
Council pursuant to this Decree shall be punished the suspension or cancellation of
his/its certificate and/or a fine in an amount not to exceed fifty thousand pesos
(P50,000.00) for every violation thereof, at the discretion of the National Environmental
Protection Council.”
Section 4 of P.D.1586 states that “No person, partnership or corporation shall
undertake or operate any such declared environmentally critical project or area without
first securing an

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Environmental Compliance Certificate issued by the President or his duly authorized

representative.”
Suspension of ECCs (Environmental Compliance Certificate)
ECCs may be suspended for violation of Proponents to comply with ECC
conditions. It is noted that ECC suspension does not necessarily mean the Proponent is
absolved of its responsibility in implementing its approved Environmental Management
Plan (EMP).PD 1586 does not preclude the fact that DENR may require the Proponent
to institute environmental safeguards/measures to prevent further threat or actual
damage to the environment.
Authority to Impose Fines and Penalties
Imposition of fines and penalties is vested on the Directors of the EMB Central
Office or Regional Office upon persons or entities found violating provisions of P.D.
1586 and its Implementing Rules and Regulations.
Cease and Desist Order
The EMB Director or the EMB-RD may issue a Cease and Desist Order (CDO)
based on violations under the Philippine EIS System to prevent grave or irreparable
damage to the environment which cannot be attributed to specific environmental laws
(e.g. RA 8749,RA 9275, RA 6969, etc). Such CDO shall be effective immediately. An
appeal or any motion seeking to lift the CDO shall not stay its effectivity. However, the
DENR shall act on such appeal or motion within ten (10) working days from filing.
Publication of Firms
The EMB may publish the identities of firms that are in violation of P.D. 1586 and
its Implementing Rules and Regulations despite repeated Notices of Violation.
Scope of Violations – Violations of provisions of PD 1586 and DAO 2003-30 are
classified as follows:
1. Projects with or without ECCs which pose grave and/or irreparable danger
to environment, life and property;
Projects which are established and/or operating without an ECC: A project that
has commenced its implementation is deemed “operating without an ECC”,
whether or not it is in actual operation. The phrase “operating without ECC”
refers to alI projects that were implemented without ECC that should have been
required by the P.D. 1586 IRR. Operating with an ECC secured from agencies or
entities other than DENR is also considered operating without EQD until such
projects have complied with the PEISS in securing an ECC.
2. Projects violating ECC conditions and EMP Commitments and other
procedural requirements of the Philippine EIS System:
Violations in relation to ECC conditions are classified as minor and major
offenses, differentiated by schedule of fines based on seriousness and gravity of the
offense:
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MINOR Offenses (violations of administrative conditions in the ECC and the EIS
System procedures, rules and regulations that will not have direct significant impact on
the environment but can impede or delay compliance against other ECC conditions and/
or EMP commitments which the Proponent is required to comply or can prevent/deter
EMB from performing monitoring or audit functions on the Proponent’s environmental
performance), such as: 1)non-submission or delay in submission of
reports/requirements; 2) transfer of ownership of the project/ECC without prior approval
from ECC-issuing authority; 3) delay or failure to initiate formation or implementation of
ECC conditions which do not have significant impacts on the environment, such as
formation of EU,MMT, EMF, EGF, enhancement measures and other similar/equivalent
requirements prior to the required deadline in the ECC;4) non-compliance with other
administrative conditions in the ECC; 5) non-compliance with administrative and
technical procedural guidelines in the DAO 2003-30 and its Revised Procedural Manual;
and 6) Other offenses deemed “minor” at the discretion of the EMB CO/ RO Director.
MAJOR Offenses (violations of substantive conditions in the ECC and the EIS System
procedures, rules and regulations that will have significant impact on the environment
and which the Proponent is required to comply), such as: 1) non-implementation of
substantive conditions in the ECC on the EMP and EMoP and other related substantive
commitments in the EIA Report, including modifications during EIA Report Review, 2)
exceedance of project limits or area; 3) significant addition of project component or
product without prior DENR-EMB approval; 4) major change in project process or
technology resulting in unmitigated significant impacts not addressed by approved
EMP;5) Other offenses deemed “major” at the discretion of the EMB CO/RO Director.
d. Misrepresentations, whether material or minor constitute violations on the
theory that full disclosure in the EIA Report is the key to the effective use of the
EIS System as a planning and management tool.
ACTIVITY8

QUESTIONS:
1. Enumerate violations of provisions of PD 1586 and DAO 2003-30.
2. What is legal basis of fines and penalties under PD 1586?
3. What are the fines and penalties for violations of Republic Act 8749?

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4. What are the fines and penalties imposed on polluters?

5. What are the prohibited acts under R.A. 9275? Enumerate
6. What is Masterplan Sangyaman?
7. What is the composition of the National Ecology Center?
8. What are the powers and functions of National Solid Waste Management
Commission?
9. Explain the 3 Rs of Waste Management.
10. Define the word ecology.
CHAPTER ___________
Environmental Protection
Environmental Protection and its meaning

Environmental protection is a practice of protecting the natural environment on
individual, organization controlled or governmental levels, for the benefit of both the
environment and humans. Due to the pressures of overconsumption, population and
technology, the biophysical environment is being degraded, sometimes permanently.
This has been recognized, and governments have begun placing restraints on activities
that cause environmental degradation. Since the 1960s, activity of environmental
movements has created awareness of the various environmental problems. There is no
agreement on the extent of the environmental impact of human activity and even
scientific dishonesty occurs, so protection measures are occasionally debated.
Environmental protection refers to any activity to maintain or restore the quality of
environmental media through preventing the emission of pollutants or reducing the
presence of polluting substances in environmental media.
Environmental protection is the practice of protecting the natural environment by
individuals, organizations and governments. Its objectives are to conserve natural
resources and the existing natural environment and, where possible, to repair damage
and reverse trends.

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In addition it is pointed out that economic and environmental issues are two
important but not absolute conditions for ensuring a sustainable development. It follows
that protecting natural resources, their composition, structure, and functions, is
protecting humans and life on earth
Meaning of environmental protection
The place where we live, near and far, our home, which we share with plants and
animals, and them and ourselves, make up the environment, and therefore we must
take care of it, protect it, because if we continue to deteriorate it, as so far, this precious
treasure that ensures our existence, succumb.
Environmental protection, consists of the set of measures that are taken at
public and private levels to care for our natural habitat, preserve it from
deterioration and contamination. Prevent or limit the felling of trees, give better
treatment to the waste, prohibit the hunting of animals in danger of extinction,
reduce the consumption of energy, pesticides, fuels and other pollutants,
minimize noise, do not throw garbage, recycle it, are some of those measures,
which in practice and in the absence of awareness of the population, should be
imposed by legal means with the consequent penalties for those who violate the
rules of protection.
School education to learn to value the environment and learn how to care for it is
very important for small awareness of the seriousness of the problem, which has
generated among other serious consequences, global warming, acid rain, biodiversity
loss, water pollution, flooding, desertification, etc.
Each person or a group of them who spend part of their time to prevent or correct
the damage that warn on the planet, will be contributing to environmental protection.
The State through its agents is obliged to make the necessary efforts for environmental
protection, asit is part of your policy, since understood this as the general good-oriented
activity, this cannot be obtained if the environment is sick.
Definition of environmental protection
Environmental conservation, species conservation, nature conservation or nature
protection are some of the names that are known ways to protect and preserve the
future of nature, the environment, or specifically some parts: flora and fauna, different
species, different ecosystems, landscape values, etc. The social movement that
advocates that conservation is designated with the name of conservationism. One of its
aspects is the environmental movement.
But also the rational and sustainable use of natural resources and the
environment. Its objectives include ensuring the persistence of species and ecosystems
and improving the quality of life of the populations, for the benefit of the present and
future generations. But we know that this has been private mainly by the excessive
consumption of the human being, by pollution, by neglect of our rivers, all of nature and
species. Some environmental problems that can be defined are,- deforestationpollution-
waste

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The human being, as it progresses is destroying the few and last wild or natural
areas that remain; It is extinct species of plants and animals; you are losing valuable
germplasm of species and domestic varieties of plants and animals; It is contaminating
sea, air, soil and water, and the environment in general.
Follow this process, future generations may not see now many things that today
we have the pleasure of seeing. Moreover, human beings not only is impoverishing his
environment and himself, but who is committing its own survival as a species. Nature
conservation is given for economic, scientific, cultural, ethical, social and legal reasons.
1. For economic reasons, is development with reasonable use of
naturalresources is more profitable in the long term than that which destroys
natural resources. The degradation of resources leads to economic losses for
the country.
2. Much compelling scientific reasons justify the conservation of the
environment.The conservation of natural areas, with its flora and fauna,
preserves important genetic future material, since all domestic species derived
from wild species, and these are very sought to renew current crops and
livestock genetically. Many crops are affected by pests and diseases by genetic
weakness.
3.Many areas should be retained for cultural reasons, with the human
populations that contain. In the sierra and in the Amazon have been developed
human groups with technical and cultural events of great importance, which
should not disappear. Music, dance, language, architecture, crafts, historic
remains, etc., are important aspects of a country’s wealth and are part of their
heritage.
4. For ethical or moral reasons man has no right to destroy their environment
andbiodiversity. Nature, natural resources, culture and, in general, all of the
environment, are the heritage of a nation and of the whole of humanity. Natural
resources and the environment are the heritage of the nation, and the State is
responsible for preserving the common good, with the participation of the
citizens.
5. For social reasons the conservation of the environment is also justified.
Thelooting of natural resources, pollution and the deterioration of the
environment affect human societies in the form of diseases, social unrest over
access to land, space and food; and they are generators of poverty and
economic crisis.
6. The legal reasons that justify conservation are in the Constitution,
ininternational treaties and in legislation.
The conservation of nature and natural resources is essentially based on three aspects:
• Sort space and allow different options for use of resources.
• Preserve the natural, cultural and historical heritage of each country. 
Conservation of natural resources, production base.
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Concept of environmental protection

The rapid population growth and the expansion of agriculture and industry have
contributed to environmental deterioration, especially in the coastal area, where more
than half of the population of Israel and most of its industry is concentrated. To combat
the pollution of the coastal strip of the Mediterranean and the Red Sea, Israel has
adopted a multifaceted program of inspection, legislation, law enforcement, cleaning
beaches and international cooperation, mainly within the framework of the
Mediterranean Action Plan.
Under conditions of water scarcity and intensive development, the decrease in
the quality of the water is a critical issue. The main causes of pollution of underground
waters are chemical fertilizers, pesticides, the penetration of sea water and domestic
and industrial wastewater. It has been granted high priority to treatment of wastewater
to prevent their effects on the environment and public health and to develop an
additional source of water for agricultural irrigation. A recently-approved water
management plan stipulates desalting wastewater, the improvement of the treatment of
wastewater for reuse, efficient water production and conservation. It has begun a
rehabilitation program from rivers contaminated with the aim of transforming them into
sources of fresh water with ecological and recreational value. The quality of drinking
water is strictly monitored.
The factors affecting the air quality include the production of energy, transport
and industry-all three have increased dramatically in recent years. The use of low sulfur
for the production of energy fuel has helped significantly reduce the concentrations of
sulfur dioxide, but the increase in vehicular traffic-related emissions of pollutants have
increased significantly. Lead-free petrol, catalytic converters and low Sulphur content
diesel have been introduced to mitigate the problem. A nationwide surveillance system
provides updated information about the quality of the air in the country. Israel also
complies with international resolutions relating to ozone depletion and climate change.
The accelerated population growth and the expansion of agriculture and industry
have contributed to environmental deterioration, especially in the coastal area, where
more than half of the population of Israel and most of its industry is concentrated. To
combat the pollution of the coastal strip of the Mediterranean and the Red Sea, Israel
has adopted a multifaceted program of inspection, legislation, law enforcement,
cleaning beaches and international cooperation, mainly within the framework of the
Mediterranean Action Plan.
Under conditions of intensive development and water scarcity, degradation of
water quality is a critical issue. The main causes of pollution of underground waters are
chemical fertilizers, pesticides, seawater intrusion and the infiltration of domestic and
industrial wastewater into aquifers. It has been granted high priority to treatment of
wastewater to prevent their effects on the environment and public health and to develop
an additional source of water for agricultural irrigation. A recently-approved water
management plan stipulates desalting wastewater and salinas, the improvement of the
treatment of wastewater for reuse, efficient water production and conservation. It has
begun a rehabilitation

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program from rivers contaminated with the aim of transforming them into sources of
fresh water with ecological and recreational value. The quality of drinking water is
strictly monitored.
Factors that affect the quality of the air include the production of energy,
transport and industry; all three have increased dramatically in recent years. The use of
fuel of low content sulfur for energy production has helped to significantly reduce the
concentrations of sulphur dioxide, but the increase in vehicular traffic-related emissions
of pollutants have increased significantly. Lead-free petrol, catalytic converters and low
sulphur content diesel have been introduced to mitigate the problem. A nationwide
surveillance system provides updated information about the quality of the air in the
country. Israel also complies with international resolutions relating to ozone depletion
and climate change.
The rapid increase of the population, the level of life and consumption have led to
significant increases in solid waste, on the order of 4-5% annually. The majority of illegal
landfills in the country have been eliminated in recent years and replaced by landfills
that do not constitute an environmental threat. He is trying to implement an integrated
solid waste management including the reduction, recycling, recovery and incineration.
Recent recycling regulations will facilitate the transition to a technology with little or no
waste.
The handling of dangerous substances “from the cradle to the grave” is based on
subjecting all aspects of their production, use, treatment and disposal to licensing,
regulation and supervision. The emphasis on the enforcement of laws, the development
of a national preparedness plan for coordinated emergency accident response, and the
improvement of the national landfill of toxic and dangerous waste will allow to minimize
the potential hazards to health and the environment. Guidelines for Environmental
Protection
 Sustainable development through environmental protection;
 Effective utilization of resources, energy saving, lower consumption of
energy, reduced emission of exhaust gases;
 Clean production, pollution prevention, law compliance;
 To enhance environmental awareness through training and propaganda;
 To promote environmental harmony through information sharing;
 To seek for perfection through continued improvement; Prevention &
Treatment of Pollutants
1. Treatment of Waste Water
A process that combines physical, biological and chemical techniques is
adopted for waste water treatment system, where waste water from wood
preparation workshop, pulp making workshop, pulp breaking workshop,
cycling cooling water system and thermal power plant is treated through the
tri-stage system. All waste water is discharged into receiving waters only after
being treated to meet relevant standards.

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2. Treatment of Exhaust Gases

The captive power plant uses the most state-of-the-art CFB boiler and adds
limestone during the combustion process with a desulphurization rate of over
85-87%.The temperature is controlled within the range from 850 to 900, thus
effectively reducing the production of oxynitrides. Dust removal for the fume is
carried out with four-electric-field static dust collector to control the emission
concentration below 50mg/Nm3
3. Treatment of Solid Wastes
The main solid wastes produced by the company are disposed through
comprehensive utilization means including burning in captive boiler, drying of
fume, outsourced by cement manufacturers as raw materials, etc. Those solid
wastes listed in the state hazardous wastes catalogue are disposed at
qualified facilities.
Approaches with regards to environmental protection Voluntary environmental
agreements
In industrial countries, voluntary environmental agreements are often provide a
platform for companies to be recognized for moving beyond the minimum regulatory
standards and thus support the development of best environmental practice. For
instance, in India, Environment Improvement Trust(EIT)has been working for
environment & forest protection since 1998.A group of Green Volunteers get a goal of
Green India Clean India concept. CA Gajendra Kumar Jain a Chartered Accountant, is
the founder of Environment Improvement Trust in Sojat city a small village f State of
Rajasthan in India. In developing countries, such as throughout Latin America, these
agreements are more commonly used to remedy significant levels of non compliance
with mandatory regulation. The challenges that exist with these agreements lie in
establishing baseline data, targets, monitoring and reporting. Due to the difficulties
inherent in evaluating effectiveness, their use is to the difficulties inherent in evaluating
effectiveness, their use is often questioned and, indeed, the whole environment may
well be adversely affected as a result. The key advantage of their use in developing
countries is that their use helps to build environmental management capacity.
Ecosystems approach
An ecosystems approach to resource management and environmental protection
aims to consider the complex interrelationships of an entire ecosystem in decision
making rather than simply responding to specific issues and challenges. Ideally the
decision-making processes under such an approach would be a collaborative approach
to planning and decision making that involves a broad range of stakeholders across all
relevant governmental departments, as well as representatives of industry,
environmental groups and community. This approach ideally supports a better
exchange of information, development of conflict-resolution strategies and improved
regional conservation. Religions also play an important role in conservation of
environment.RefHadiya Habib (Role of religious education and different religions in

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conservation and maintenance of environment, www.oiirj.org) vol 07, July 2017, special
issue.
International environmental agreements
Many of the earth’s resources are especially vulnerable because they are
influenced by human impacts across many countries. As a result of this, many attempts
are made by countries to develop agreements that are signed by multiple governments
to prevent damage or manage the impacts of human activity on Natural resources. This
can include agreements that impact factors such as climate, oceans, rivers and air
pollution. These International environmental agreements are sometimes legally binding
documents that have legal implications when they are not followed and, at other times,
are more agreements in principle or are for use as codes of conduct. These agreements
have a long history with some multinational agreements being in place from as early as
1910 in Europe, America and Africa. Some of the most well-known international
agreements include the Kyoto Protocol and others.
Government
Kyoto Protocol
Discussion concerning environmental protection often focuses on the role of
government, legislation, and law enforcement. However, in its broadest sense,
environmental protection may be seen to be the responsibility of all the people and not
simply that of government. Decisions that impact the environment will ideally involve a
broad range of stakeholders including industry, indigenous groups, environmental group
and community representatives. Gradually, environmental decision-making processes
are evolving to reflect this broad base of stakeholders and are becoming more
collaborative in many countries.
Many constitutions acknowledge the fundamental right to environmental
protection and many international treaties acknowledge the right to live in a healthy
environment. Also, many countries have organizations and agencies devoted to
environmental protection. There are international environmental protection
organizations, such as the United Nations Environment Programme.
Although environmental protection is not simply the responsibility of government
agencies, most people view these agencies as being of prime importance in
establishing and maintaining basic standards that protect both the environment and the
people interacting with it.
Tanzania
Tanzania is recognized as having some of the greatest biodiversity of any African
country. Almost 40% of the land has been established into a network of protected areas,
including several national parks. The concerns for the natural environment include
damage to ecosystems and loss of habitat resulting from population growth, expansion
of subsistence agriculture, pollution, timber extraction and significant use of timber as
fuel.

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History of environmental protection

Environmental protection in Tanzania began during the German occupation of
East Africa (1884-1919)-colonial conservation laws for the protection of game and
forests were enacted, whereby restrictions were placed upon traditional indigenous
activities such as hunting, firewood collecting and cattle grazing. In year 1948,
Serengeti was officially established as the first national park for wild cats in East Africa.
Since 1983,there has been a more broad-reaching effort to manage environmental
issues at a national level, through the establishment of the National Environment
Management Council (NEMC) and the development of an environmental act. In 1998
Environment Improvement Trust (EIT) start working for environment & forest protection
in India from a small city Sojat. Founder of Environment Improvement Trust is CA
Gajendra Kumar Jain working with volunteers.
Government protection
Division of the biosphere is the main government body that oversees protection.
It does this through the formulation of policy, coordinating and monitoring environmental
issues, environmental planning and policy-oriented environmental research. The
National Environment Management Council (NEMC) is an institution that was initiated
when the National Environment Management Act was first introduced in year 1983. This
council has the role to advise governments and the international community on a range
of environmental issues. The NEMC the following purposes: provide technical advice;
coordinate technical activities; develop enforcement guidelines and procedures; assess,
monitor and evaluate activities that impact the environment; promote and assist
environmental information and communication; and seek advancement of scientific
knowledge.
The National Environment Policy of 1997 acts as a framework for environmental
decision making in Tanzania. The policy objectives are to achieve the following:
• Ensure sustainable and equitable use of resources without degrading the
environment or risking health or safety
• Prevent and control degradation of land, water, vegetation and air
• Conserve and enhance natural and man-made heritage,
• Including biological diversity of unique ecosystems
• Improve condition and productivity of degraded areas
• Raise awareness and understanding of the link between environment and
development
• Promote individual and community participation
• Promote international cooperation
Tanzania is a signatory to a significant number of international conventions
including the Rio Declaration on Development and Environment 1992 and the
Convention on Biological Diversity 1996. The Environmental Management Act, 2004, is
the first comprehensive legal and institutional framework to guide
environmentalmanagement decisions. The policy tools that are parts of the act includes
the use of:

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environmental-impact assessments, strategic environmental assessments and taxation

on pollution for specific industries and products. The effectiveness of shifting of this act
will only become clear over time as concerns regarding its implementation become
apparent based on the fact that, historically, there has been a lack of capacity to enforce
environmental laws and a lack of working tools to bring environmental-protection
objectives into practice.
China
Formal environmental protection in China House was first stimulated by the 1972
United Nations Conference on the Human Environment held in Stockholm, Sweden.
Following this, they began establishing environmental protection agencies and putting
controls on some of its industrial waste. China was one of the first developing countries
to implement a sustainable development strategy. In 1983 the State Council announced
that environmental protection would be one of China»s basic national policies and in
1984 the National Environmental Protection Agency (NEPA) was established. Following
severe flooding of the Yangtze River basin in 1998,NEPA was upgraded to the State
Environmental Protection Agency (SEPA) meaning that environmental protection was
now being implemented at a ministerial level. In 2008, SEPA became known by its
current name of Ministry of Environmental Protection of the People’s Republic of China
(MEP).
Environmental pollution and ecological degradation has resulted in economic
losses for China. In 2005, economic losses (mainly from air pollution) were calculated at
7.7% of China’s GDP. This grew to 10.3% by 2002 and the economic loss from water
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pollution (6.1%) began to exceed that caused by air pollution. China has been one of
the top performing countries in terms of GDP growth (9.64% in the past ten years)
However, the high economic growth has put immense pressure on its environment and
the environmental challenges that China faces are greater than most countries. In 2010
China was ranked 121st out of 163 countries on the Environmental Performance Index.
China has taken initiatives to increase. Its protection of the environment and
combat environmental degradation:
Rapid growth in GDP has been China’s main goal during the past three decades
with a dominant development model of inefficient resource use and high pollution to
achieve high GDP. For China to develop sustainably, environmental protection should
be treated as an integral part of its economic policies.
European Union
Environmental protection has become an important task for the institutions of the
European Community after the Maastricht Treaty for the European Union ratification by
all the Member States. The EU is already very active in the field of environmental policy
with important directives like those on environmental impact assessment and on the
access to environmental information for citizens in the Member States.
Russia
In Russia, environmental protection is considered an integral part of national
safety. There is an authorized state body-the Federal Ministry of Natural Resources and
Ecology. However, there are a lot of environmental problems.
Latin America
America is the continent that has the most countries rich in biodiversity: Brazil,
Colombia, Ecuador, Mexico, Peru, Venezuela and the United States. For its part, in
Asia, the countries with the greatest bio-diversity are China, Indonesia, India,
Philippines and Malaysia.
The United Nations Environment Programme (UNEP) has identified 17
megadiverse countries.
The list includes six Latin American countries:
Brazil, Colombia, Ecuador, Mexico, Peru and Venezuela. Mexico and Brazil
stand out among the rest because they have the largest area, population and number of
species. These countries represent a major concern for environmental protection
because they have high rates of deforestation, ecosystems loss, pollution, and
population growth.
Brazil
Panorama of the lguazu falls in
Brazil

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Brazil has the largest amount of the world>s tropical forests, 4,105,401 km2
(48.1% of Brazil), concentrated in the Amazon region. Brazil is home to vast biological
diversity, first among the megadiverse countries of the world, having between 15%-20%
of the 1.5 million globally described species.
The organization in charge of environment protection is the Brazilian Ministry of
the Environment (in Portuguese: Ministério do Meio Ambiente, MMA) It was first created
in year 1973 with the name Special Secretariat for the Environment (Secretaria Especial
de Meio Ambiente), changing names several times, and adopting the final name in year
1999. The Ministry is responsible for addressing the following issues:
• A national policy for the environment and for water resources;
• A policy for the preservation, conservation and sustainable use of
ecosystems, biodiversity and forests;
• Proposing strategies, mechanisms, economic and social instruments for
improving environmental quality, and sustainable use of natural resources;
• Policies for integrating production and the environment;  Environmental
policies and programs for the Legal Amazon;  Ecological and economic
territorial zoning.
In 2011, protected areas of the Amazon covered 2,197,485 km2 (an area larger
than Greenland), with conservation units, like national parks, accounting for just over
half(50.6%), and indigenous territories representing the remaining 49.4%.
Mexico
With over 200,000 different species, Mexico is home to 10-12% of the world’s
biodiversity, ranking first in reptile biodiversity and second in mammals, one estimate
indicates that over 50% of all animal and plant species live in Mexico.
The history of environmental policy in Mexico started in the 1940s with the
enactment of the Law of Conservation of Soil and Water (in Spanish: Ley de
Conservación de Suelo y Agua). Three decades later, at the beginning of the 1970s,the
Law to Prevent and Control Environmental Pollution was created (Ley para Prevenir y
Controlar la Contaminación Ambiental).
In year 1972 was the first direct response from the federal government to
address eminent health effects from environmental issues. It established the
administrative organization of the Secretariat for the Improvement of the Environment
(Subsecretaria para el Mejoramiento del Ambiente) in the Department of Health and
Welfare.
The Secretariat of Environment and Natural Resources (Secretaría del Medio
Ambiente y Recursos Naturales, SEMARNAT is Mexico’s environment ministry.
The Ministry is responsible for addressing the following issues:
• Promote the protection, restoration and conservation of ecosystems, natural
resources, goods and environmental services, and to facilitate their use and
sustainable development.

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• Develop and implement a national policy on natural resources

• Promote environmental management within the national territory, in
coordination with all levels of government and the private sector.
• Evaluate and provide determination to the environmental impact statements
for development projects and prevention of ecological damage
• Implement national policies on climate change and protection of the ozone
layer.
• Direct work and studies on national meteorological, climatological,
hydrological, and geohydrological systems, and participate in international
conventions on these subjects.
• Regulate and monitor the conservation of waterways
In November 2000 there were 127 protected areas; currently there are 174, covering an
area of 25,384,818 hectares, increasing federally protected areas from 8.6% to 12.85%
its land area.
Oceania -- Australia
The Great Barrier Reef in Australia is the largest barrier reef in the world
In 2008, there was 98,487,116 ha of terrestrial protected area, covering 12.8% of
the land area of Australia. The 2002 figures of 10.1% of terrestrial area and 64,615,554
ha of protected marine area were found to poorly represent about half of Australia’s 85
bioregions.
Environmental protection in Australia could be seen as starting with the formation
of the first National Park, Royal National Park, in 1879.27] More progressive
environmental protection

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had it start in the 1960s and 1970s with major international programs such as the United
Nations Conference on the Human Environment in 1972,the Environment Committee of
the OECD in 1970, and the United Nations Environment Programme of 1972 These
events laid the foundations by increasing public awareness and support for regulation.
State environmental legislation was irregular and deficient until the Australian
Environment Council (AEC) and Council of Nature Conservation Ministers (CONCOM)
were established in 1972 and 1974, creating a forum to assist in coordinating
environmental and conservation policies between states and neighboring countries.
These councils have since been replaced by the Australian and New Zealand
Environment and Conservation Council(ANZECC)in 1991 and finally the Environment
Protection and Heritage Council (EPHC) in 2001
At a national level, the Environment Protection and Biodiversity Conservation Act
1999 is the primary environmental protection legislation for the Commonwealth of
Australia. It concerns matters of national and international environmental significance
regarding flora, fauna, ecological communities and cultural heritage. It also has
jurisdiction over any activity conducted by the Commonwealth, or affecting it, that has
significant environmental impact.
The act covers eight main areas:
1. National Heritage Sites
2. World Heritage Sites
3. RAMSAR wetlands
4. Nationally endangered or threatened species and ecological communities
5. Nuclear activities and actions
6. Great Barrier Reef Marine Park
7. Migratory species
8. Commonwealth Marine areas
There are several Commonwealth protected lands due to partnerships with
traditional native owners, such as Kakadu National Park, extraordinary biodiversity such
as Christmas Island National Park, or managed cooperatively due to cross-state
location, such as the Australian Alps National Parks and Reserves.
At a state level, the bulk of environmental protection issues are left to the
responsibility of the state or territory. Each state in Australia has its own environmental
protection legislation and corresponding agencies. Their jurisdiction is similar and
covers point-source pollution, such as from industry or commercial activities, land/water
use, and waste management. Most protected lands are managed by states and
territories with state legislative acts creating different degrees and definitions of
protected areas such as wilderness, national land and marine parks, state forests, and
conservation areas. States also create regulation to limit and provide general protection
from air, water, and sound pollution.

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Ata local level, each city or regional council has responsibility over issues not
covered by state or national legislation. This includes non-point source, or diffuse
pollution, such as sediment pollution from construction sites.
Australia ranks second place on the UN 2010 Human Development Index and
one of the lowest debt to GDP ratios of the developed economies. This could be seen
as coming at the cost of the environment, with Australia being the world leader in coal
exportation and species extinctions. Some have been motivated to proclaim it is
Australia’s responsibility to set the example of environmental reform for the rest of the
world to follow.
New Zealand
At a national level, the Ministry for the Environment is responsible for
environmental policy and the Department of Conservation addresses conservation
issues. At a regional level the regional councils administer the legislation and address
regional environmental issues.
Switzerland
The environmental protection in Switzerland is mainly based on the measures to
be taken against global warming. The pollution in Switzerland is mainly the pollution
caused by vehicles and the litteration by tourists.
United States
Since 1969,the United States Environmental Protection Agency(EPA) has been
working to protect the environment and human health. All U.S. states have their own
state departments of environmental protection.
The EPA has drafted “Seven Priorities for EPA’s Future”, witch are:
• “Taking Action on Climate Change”
• “Improving Air Quality”
• “Assuring the Safety of Chemicals”
• “Cleaning Up Our Communities”
• “Protecting America’s Waters”
• “Expanding the Conversation on Environmentalism and Working for
Environmental Justice”
• “Building Strong State and Tribal Partnerships
17 Megadiverse Countries in the World
The megadiverse countries are a group of nations that contains more than 70%
of the earth’s bio-diversity, identified in 1998 by Conservation International(CI),to
promote the awareness for biodiversity conservation among the world nations.
According to Cl.,there are 17 of those nations, which are mostly located in the
tropical or subtropical region. In the following list, we present you the 17 Megadiverse
Countries in the World that are unique in their own way.

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17. Madagascar- Previously known as Malagasy Republic, the island nation of

Madagascar is home to countless species of flora and fauna about 90% of which
are endemic or native and not found anywhere else on the Earth.
There are over 14 thousand plant species, of which most of them are not visible
anywhere around the globe. Lemurs has been characterized as “Madagascar’s
flagship mammal species”, as there are 103 species of lemurs inhabit the
islands.
16. India- India is the third largest country in Asia (after Russia and China) and is
home to 6% of all known flower and amphibian species,7.9% of reptilian, more
than 8% of mammalian and 12% of all piscine (fish) species on Earth.
About 12.6% of mammal species found in India are endemic (native) which
include Beddome’s toad and Nilgiri leaf monkey. The number of endemic species
of reptiles and amphibians is much higher,46% and 56% respectively.
According to the International Union for Conservation of Nature (IUCN),India host
about 170 critically endangered animal species including the Bengal Tiger, snow
leopard, and Asiatic Lion. Certain bird species like the Indian vulture and great
Indian bustard are currently on the verge of being extinct.
15. Peru- Peru is located in western South America and shares its border with
Ecuador, Colombia, Bolivia, Brazil, and Chile. The presence of the Andes
Mountains, which runs parallel to the Pacific Ocean from north to south, has
divided the country into three different geographical units.
First, the coast, covering a narrow plain adjacent to the Pacific. Second, the
Sierra or highland region consisting mainly the Andes, and third covers a plain
terrain engulfed with Amazon rainforest in the east.
The occurrence of EI Nino (after every four years or so) intensifies the
surrounding climate. Due to the very nature of the rainforest and the Andes, Peru
has a high biodiversity of more than 21,000 species of plants and birds, out of
which almost 6,000 are endemic.
14. Ecuador- According to the Conservation International, Ecuador is the biggest
nation in terms of the most biodiversity per square kilometer than any other
nation. The Galapagos Island, famous as the birthplace of Darwin’s theory of
evolution, has a vast number of endemic species.
In total, it has 1,600 bird species, 16,000 species of plants and 6,000 species of
butterfly. Ecuador is also recognized as the first to enforce a constitution to
recognize the rights of nature.
13. Venezuela- Officially known as the Bolivarian Republic of Venezuela, or just
Venezuela is considered as a state with extremely high biodiversity. The forest
ranges, from the Andes Mountain in the west to the Amazon rainforest in the
south, covers the whole nation.

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It hosts a total of more than 1,400 bird species out of which 48 are endemic.
According to the report, 3,900 species of fungi are recorded from Venezuela and
over 25,000 species of Orchids were found here.
About 38% of all 21,000 plant species are unique to the country. Moreover, after
the discovery of huge oil deposits in the early 20 th century, the country was
declared the world largest oil reserves.
12. Mexico- Mexico is home to 12% of the world’s biodiversity with 200,000
different species. The Tropic of Cancer divides the country into two different
climatic zones: land north of 23.5-degree experience temperate climatic
conditions, while tropical condition prevails over southern Mexico.
It ranks first in biodiversity in reptiles (with 707 species), second in mammals
(with 438 species), fourth in amphibian (with 290 species)and fourth in
flowers(with 26,000 species). There are 34 biosphere reserves,67 national parks,
and 17 sanctuaries. However, in 2002 Mexico ranked second in the list of
countries with the fastest rate of deforestation, after Brazil.
11.China- China is one of the megadiverse country lying between two major
ecozones; the Palearctic and Indomalaya. It has over 34,000 species of
plants and animals, making it the third most biodiverse country in the world.
China is home to 551 species of mammals,1,221 species of birds and 424
species of reptiles. China has 146,000 types of flora and over 10,000 species of
fungi. The country signed the Rio Convention on 11 July 1992 and became a
party to the convention the following year.
10. Indonesia – Indonesia is basically an island in Southeast Asia or a group of
islands, as many as fourteen thousand of them. It is one of the megadiverse
countries which is ranked second in terms of total endemic species.
After Brazil, it’s Indonesia that contains the highest level of biodiversity in the
form of 1,531 species of birds, 515 species of mammals etc. But due to
Indonesia’s recent population growth,15 of those species are identified as
critically endangered, including Bali Starling, Javan Rhinoceros, and Sumatran
Orangutan.
9. Australia- Despite semi-arid and desert climate in most of Australia, it
includes a diverse range of flora and fauna from alpine to tropical rainforest.
Because of the continent’s isolated location, most of its species are unique.
Australia has the greatest number of reptiles of any country, with 755 species.
Among the flora, many evergreen species, especially eucalyptus are dominant.
In the animal kingdom, Kangaroo, Koala, and wombat are Australian specialty.
8.The Democratic Republic of Congo- The Democratic Republic of Congo is a
country in central Africa. Don’t confuse it with a neighboring country, the
Republic of Congo, it is rather bigger in size. Earlier known as Zaire, the
rainforest of

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DRC contains a large bit of bio-diversity, including chimpanzee and the bonobo,
African forest elephant, white rhino, and many more.
7. Malaysia- Malaysia is a federal constitutional monarchical country located in
Southeast Asia. It is one of 17 megadiverse countries on earth, with large
numbers of endemic species.
Malaysia signed the Rio Convention on Biological Diversity on 12 June 1993,and
became a party on 24 June 1994.It contains around 20% of the world’s animal
species.
High levels of flora and fauna are discovered in the diverse forests of Borneo’s
mountains. There are about 210 mammal species in the country. A high number
of endemic bird species are also found in Malaysian Borneo.
Around 250 reptile species,150 species of snakes, and 80 species of lizards
have been recorded in this country. Moreover, there are about 150 species of
frogs and thousands of insect species. The unique biodiversity of Malaysia
attracts millions of tourists from all over the world.
6. Papua New Guinea- The Independent States of Papua New Guinea or simply
Papua New Guinea is a relatively small nation located in the southwestern region
of the Pacific Ocean right above Australia. It’s part of a broader geographic
region called Oceania.
Papua New Guinea has bio-geographical similarities with Australia, New Zealand
and much of the eastern Indonesia which is collectively known as Australasia
ecozones. Many species of animals and birds which are found in Australia are
genetically linked with their counterparts in New Guinea.
The country accommodates about 5% of the world’s biodiversity spread over less
than 1% of the Earth’ land.
5. Philippines- The Philippine rainforest is home to a diverse range of plants,
animals and sea creatures. About 100 mammal and 170 bird species found in
the country are endemic and are not seen anywhere on the Earth. The
Philippines has one of the highest numbers of endemic species with about
sixteen new mammal species discovered in just over ten years.
Few endemic bird species including Philippine eagle (national bird) and
Bluewinged racket-tail are on the verge of extinction due to deforestation and
rapid habit loss. The endemic Philippine freshwater crocodile is among the most
critically endangered crocodile species in the world.
4. South Africa - South Africa is the southernmost and the ninth largest country
in the African continent. It hosts one of the six known floral kingdoms of the world
and more than 22,000 different vascular plants which makes up about 9% of the
known plant species on Earth.
A large number of mammals, including African leopards, blue wildebeest,
hyenas, hippos, South African giraffes, and cheetahs can be found in the

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bushveld, a subtropical woodland, region of the country. Many critically

endangered species like the riverine rabbit is endemic to South Africa.
In 2006,the total number of fungal species found in South Africa was estimated
to be around 200,000 which in 1945 was just over 4900 species.
3. United States – USA – The U.S. is also one of the megadiverse countries.
The United States alone is home to 428 mammal species, 784 bird species,311
reptile species, and 295 amphibian species. Till date, there are 91,000 insect
species which are registered.
The bald eagle is both national bird and national animal of the United States.
There are a total of 58 national parks and hundreds of other federal parks and
forests.
2. Colombia- Colombia has around 45,000 plant species and 20% of the total
global species. It also has 1,900 species of birds,2,000 species of fish and
around 7,000 species of beetles. It is ranked second in the number of amphibian
species and is the third most diverse country in reptiles. There are approximately
300,000 species of invertebrates in the country.
1. Brazil- Brazil is the largest country in Latin America and South America and
the fifth largest country in the world. Due to this vastness, there are different
types of ecosystems, which prevail all over the country. These are, namely,
Amazon rainforest, Atlantic rainforest, and Savanna, commonly known as
Cerrado.
Amazon is considered to be the world’s largest rainforest with biggest biological
diversity. Some scientists estimate that the total number of plants and animal
species in Brazil could reach more than four million.
Brazil is home to many mammals, including pumas, jaguars, and bush dogs. The
red-bellied piranha is a unique resident of Brazil’s Amazon basin, which includes
many other extremely diverse fish species.
Why is environmental protection important?
Global warming is real, and so is the importance of protecting the environment…. It is
important to protect the environment because man-made disruptions to ecosystems can
cause extinction, because pollution creates dangers for both animals and people, and
because mankind owes the natural world a moral obligation.
How can you conserve and protect the environment?
Eight (8) Simple Ways to Help the Environment
1. Use Reusable Bags. Plastic grocery-type bags that get thrown out end up
inlandfills or in other parts of the environment
2. Print as Little as Necessary
3. Recycle

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4. Use a Reusable Beverage Containers

5. Don’t Throw Your Notes Away
6. Save Electricity
7. Save Water
8. Avoid Taking Cars or Carpool When Possible
What Are the Top 5 Environmental Concerns for 2019?
We all like to do our bit to help the environment. But as time goes on, we’re
seeing new environmental concerns. We all need to be ready and prepared to tackle the
5 main environmental threats in 2019.
1. Biodiversity
Biodiversity is the most complex and vital feature of our planet. It is essentially every
living thing and ecosystem that makes up the environment. From the tallest giraffe to
the smallest microorganism, everything plays an important role in the maintenance of
our world.
But with the increase in global warming, pollution and deforestation, biodiversity is in
danger. Billions of species are going or have gone extinct all over the world. Some
scientists, in fact, are suggesting that we are in the beginning of a 6 th mass extinction,
posing issues for our planet and ourselves.
Reducing our meat intake, particularly red meat, as well as making sustainable choices
can help to keep our planet running smoothly.
2. Water
Water pollution is a huge concern for us and our environment. Not only is polluted water
a huge financial strain but is also killing both humans and marine life. With oil spills, an
abundance of plastic waste and toxic chemicals entering our waterways, we’re
damaging the most valuable resource our planet has to offer.
By educating people on the causes and effects of water pollution, we can work together
to undo the damage humans have caused. Laws also need to change to make pollution
tougher, consistently across national borders.
3. Deforestation
We need plants and trees to survive. They provide oxygen, food, water and medicine for
everyone, all over the globe. But if deforestation continues at the rate it’s occurring, we
won’t have much of the valuable forestry left.
With natural wildfires, illegal logging and the mass amount of timber being harvested for
commercial use, our forests are decreasing at an alarming rate. As well as reducing our
supply of oxygen, the loss of forests is contributing around 15% of our greenhouse gas
emissions.

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To help, you can buy more recycled and organic products, limiting the amount of paper
and cardboard you use.
4. Pollution
Pollution is one of the primary causes of many of the other environmental concerns,
including climate change and biodiversity. All 7 key types of pollution like air, water, soil,
noise, radioactive, light and thermal are affecting our environment.
All types of pollution, and environmental concerns, are interlinked and influence one
another. So, to tackle one is to tackle them all. That’s why we need to work together, as
a community, to reduce the impact that pollution is having on our environment.
5. Climate Change
As pointed out by a recent UN report, without ‘unprecedented changes’ in our actions
and behavior, our planet will suffer drastically from global warming in just 12 years.
Greenhouses gases are the main cause of climate change, trapping in the sun’s heat
and warming the surface of the earth.
An increased ocean temperature is affecting the sea life and ecosystems habituated
there. The rise in global sea levels is shrinking our land, causing mass floods and freak
weather incidents across the world. If we continue as we are, the world will suffer
irreversibly.
Saying no to driving more will reduce your carbon footprint, as will switching off
electrical items when they’re not in use. More importantly, we need to educate the world
on the effects and severity of global warming, before it’s too late.
The Philippines’ evident risk to natural disasters is due to its location. Other
environmental problems that the country is facing include pollution, illegal mining
and logging, deforestation, dynamite fishing, landslides, coastal erosion, wildlife
extinction, global warming and climate change. 1. Water pollution
The Pasig River in Manila, one of the world’s most polluted rivers.
Although water resources have become scarce in some regions and seasons, the
Philippines as a whole has more than enough surface and groundwater. However,
neglecting to have a coherent environmental policy has led to the contamination of
58% of the groundwater in the Philippines. The main source of pollution is untreated
domestic and industrial wastewater. Only one third of Philippine river systems are
considered suitable for public water supply.
It is estimated that in 2025, water availability will be marginal in most major cities
and in 8 of the 19 major river basins. Besides severe health concerns, water
pollution also leads to problems in the fishing and tourism industries. The national
government recognized the problem and since 2004 has sought to introduce
sustainable water resources development management.
Only 5% of the total population is connected to a sewer network. The vast majority
uses flush toilets

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connected to septic tanks. Since sludge treatment and disposal facilities are rare,
most effluents are discharged without treatment. According to the Asian
Development Bank, the Pasig River is one of the world’s most polluted rivers. In
March 2008, Manila Water announced that a wastewater treatment plant will be
constructed in Taguig. The first Philippine constructed wetland serving about 700
households was completed in 2006 in a peri-urban area of Bayawan City which has
been used to resettle families that lived along the coast in informal settlements and
had no access to safe water supply and sanitation facilities.
2. Deforestation
Over the course of the 20th century the forest cover of the Philippines dropped from
70 percent down to 20 percent. [9] In total, 46 species are endangered, and 4 were
already eradicated completely. 3.2 percent of total rainforest has been left. Based on
an analysis of land use pattern maps and a road map an estimated 9.8 million ha of
forests were lost in the Philippines from 1934 to 1988.lllegal logging occurs in the
Philippines and intensify flood damage in some areas.
According to scholar Jessica Mathews, short-sighted policies by the Filipino
government have contributed to the high rate of deforestation:
The government regularly granted logging concessions of less than ten years. Since
it takes 30-35 years for a second-growth forest to mature, loggers had no incentive
to replant. Compounding the error, flat royalties encouraged the loggers to remove
only the most valuable species. A horrendous 40 percent of the harvestable lumber
never left the forests but, having been damaged in the logging, rotted or was burned
in place. The unsurprising result of these and related policies is that out of 17 million
hectares of closed forests that flourished early in the century only 1.2 million remain
today.
3. Air pollution
Due to industrial waste and automobiles, Manila suffers from air pollution,[14][15]
affecting 98% of the population. Annually, the air pollution causes more than 4,000
deaths. Ermita is Manila’s most air polluted district due to open dump sites and
industrial waste. According to a report in 2003,The Pasig River is one of the most
polluted rivers in the world with 150 tons of domestic waste and 75 tons of industrial
waste dumped daily.
4. Climate change
Two of the most pressing environmental issues impacting the Philippines is climate
change. As an island country located in the Southeast Asia Pacific region, the
Philippines is extremely vulnerable to the impacts of climate change. Some of these
impacts include increased frequency and severity of natural disasters, sea level rise,
extreme rainfall, global warming, resource shortages, and environmental degradation.
All of these impacts together have greatly affected the Philippines’ agriculture, sex,
water, infrastructure, human health, and coastal ecosystems and they are projected to

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continue having devastating damages to the economy and society of the Philippines.
Impacts of global warming
Climate history
Due to its geographical location, climate, and topography, the Philippines is
ranked third on the World Risk Index for highest disaster risk and exposure to
natural disasters. Sixteen (16) of its provinces, including Manila, Benguet, and
Batanes, are included in the top 50 most vulnerable places in Southeast Asia, with
Manila being ranked 7th. Four cities in the Philippines, Manila, San Jose, Roxas, and
Cotaboato, are included in the top 10 cities most vulnerable to sea level rise in the
East Asia and Pacific region. The country is consistently at risk from severe natural
hazards including typhoons, floods, landslides, and drought. It is located within a
region that experiences the highest rate of typhoons in the world, averaging 20
typhoons annually, with about 7-9 that actually make landfall. In 2009,the Philippines
had the third highest number of casualties from natural disasters with the second
most victims.
Climate change has had and will continue to have drastic effects on the
climate of the Philippines. From 1951-2010,the Philippines saw its average
temperature rise by 0.65 degrees Celsius, with fewer recorded cold nights and more
hot days. Since the 1970s,the number of typhoons during the El Niño season has
increased. The Philippines has not only seen 0.15 meters of sea level rise since
1940,but also seen 0.6 to 1 degree Celsius increase in sea surface temperatures
since 1910, and 0.09 degree c increase in ocean temperatures since 1950.During
the time period from 1990 to 2006,the Philippines experienced a number of
recordbreaking weather events, including the strongest typhoon (wind speeds),the
most destructive typhoons (damages),the deadliest storm (casualties),and the
typhoon with the highest 24 hour rainfall on record.
Future projections
Future projections for the current trajectory of climate change predict that global
warming is likely to exceed 3degrees Celsius, potentially 4degrees, by 2060.[22]
Specifically in the Philippines, average temperatures are “virtually certain” to see an
increase of 1.8 to 2.2 degrees Celsius. This temperature increase will stratify the local
climate and cause the wet and dry seasons to be wetter and drier, respectively. Most
areas in the Philippines will see reduced rainfall from March to May, while Luzon and
Visayas will see increased heavy rainfall. There will also be an increase in: the number
of days that exceed 35degree C; that have less than 2.5mm of rainfall; and that have
more than 300mm of rainfall. Additionally, climate change will continue to increase the
intensity of typhoons and tropical storms. Sea levels around the Philippines are
projected to rise 0.48 to 0.65 meters by 2100,which exceeds the global average for
rates of sea level rise. Combined with sea level rise, this stratification into more extreme
seasons and climates increases the frequency and severity of storm surge, floods,
landslides, and droughts. These exacerbate risks to agriculture, energy, water,
infrastructure, human health, and coastal ecosystems.

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Vulnerabilities of different sectors Agriculture

Agriculture is one of the Philippines’ largest sectors and will continue to be
adversely impacted by the effects of climate change. The agriculture sector employs
35% of the working population and generated 13% of the country’s GDP in 2009. The
two most important crops, rice and corn, account for 67% of the land under cultivation
and stand to see reduced yields from heat and water stress. [26] Rice, wheat, and corn
crops are expected to see a 10% decrease in yield for every 1degree C increase over a
30dC average annual temperature. Increases in extreme weather events will have
devastating affects on agriculture. Typhoons (high winds) and heavy rainfall contribute
to the destruction of crops, reduced soil fertility, altered agricultural productivity through
severe flooding, increased runoff, and soil erosion. Droughts and reduced rainfall leads
to increased pest infestations that damage crops as well as an increased need for
irrigation. Rising sea levels increases salinity which leads to a loss of arable land and
irrigation water. All of these factors contribute to higher prices of food and an increased
demand for imports, which hurts the general economy as well as individual livelihoods.
From 2006 to 2013, the Philippines experienced a total of 75 disasters that cost the
agricultural sector $3.8 billion in loss and damages. Typhoon Haiyan alone cost the
Philippines’ agricultural sector an estimated US$724 million after causing 1.1 million
tones’ of crop loss and destroying 600,000 ha of farmland. [27] The agricultural sector is
expected to see an estimated annual GDP loss of 2.2% by 2100 due to climate impacts
on agriculture.
Agricultural production and civil conflict
In the Philippines, there is a correlation between rainfall and civil conflict, and
manifests through agricultural production. The increased rainfall during the wet season
in the Philippines is proven to be harmful to agriculture as it leads to flooding and/ or
water logging. This above average rainfall is associated with “more conflict related
incidents and casualties”. The rainfall has a negative effect on rice which is an important
crop that a majority of the country depends on as both a food sources and employment.
A poor rice crop can lead to large impacts on the wellbeing of poor Filipinx and cause
widespread contempt for the government and more support for insurgent groups.
Climate change is expected to amplify the seasonal variation of rainfall in the
Philippines and exacerbate ongoing civil conflict in the country.
Gender disparities among farmers
Smallholder farmers in the Philippines are expected to be among the most
vulnerable and impacted by the effects of climate change in the region. However, there
are differences in how men and women experience these impacts and often lead to
differences in farming patterns and coping strategies. Some of the problems caused by
extreme climate events in agrarian areas that are prone to civil conflict that
disproportionately affect women include loss of customary rights to land, forced
migration, increased discrimination, resource poverty and food insecurity. The effect
that the combination of severe climate events and civil conflict has on Filipino women is
further exacerbated by discriminatory policies, belief and practices, and restricted
access to resources. For example, climate change is linked to increase civil conflict in
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the Mindanao region which increases the number of casualties and deaths of young
men in the area. This effectively widows women married to those men and leaves them
on their own to take care of them and their children, even when the society and
government makes it difficult for single mothers to succeed. Women are often relegated
to be the caretakers of children which increases the burden and stress placed on them
as well as inhibiting them from escaping from conflict ridden areas
Energy
Climate change could simultaneously reduce the Philippines’ supply of energy
and increase its demand for energy. The increased chance of extreme weather events
would reduce hydropower production, which accounts for 20% of the country’s energy
supply, as well as cause widespread damage to energy infrastructure and services.
There will be more power outages on average in addition to an increased demand for
power, specifically cooling.
Water
Several factors of climate change are impacting the availability of water in the
Philippines. The increasing number of intense droughts are reducing water levels and
river flows and thus creating a shortage in water. The floods and landslides caused by
extreme rainfall degrade watershed health and water quality by increasing runoff and
erosion that increases sedimentation in reservoirs. Many freshwater coastal aquifers
have seen saltwater intrusion which reduces the amount of freshwater available for use.
About 25% of coastal municipalities in Luzon, Visayas, and Mindanao are affected by
this and the issue is expected to get worse with sea level rise.
Infrastructure
Rising sea levels, heavy rainfall and flooding, and strong typhoons pose an
enormous risk to the Philippines’ infrastructure. 45% of Philippines’ urban population
lives in informal settlements with already weak infrastructure and are extremely
vulnerable to flooding and typhoons. A giant storm would wreak havoc on these informal
settlements and cause the deaths and displacement of millions of people who inhabit 25
different coastline cities. These natural disasters will also cause millions of dollars in
damages to urban infrastructure like bridges and roads. In 2009,Tropical Storm Ketsana
cost the Philippines $33 million to repair damaged roads and bridges.
Risk to “double exposure”
Large cities in the Philippines such as Manila, Quezon City, Cebu, and Davao
City see an increased risk from both climate change and globalization. For example, in
addition to being one of the world’s most vulnerable cities to climate change due to
geographical location, Manila has also been shaped by globalization and abides by
many tenants of neoliberal urbanism, including “a strong focus on private sector led
development, attracting global capital, market oriented policies and decentralization”.
These cities experience challenges to their own climate resilience due to this double
exposure to climate change and globalization, where many cities are most at risk to
climate events in

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addition to having a large percentage of the population live in informal settlements with
weak infrastructure. Our million people, or about a third of Manila’s population, lives in
informal settlements which puts them at higher risk and danger from tropical storms and
flooding, and they often have fewer resources available to recover from damages
caused by environmental hazards. Several factors and governments in the history of the
Philippines has contributed to a large focus on urban development and its connection to
“globalized systems of material production and consumption. Spanish colonial rule from
the 1500s to 1898,America’s annexation from 1898 to 1946, Japanese occupation and
bombing during World War II, Ferdinand Marcos’ authoritarian regime from 1965 till
1986, and more have all contributed to an urban development focused on globalization,
market oriented development, privatization, and decentralization.
Human health
Climate change, heavy rains, and increased temperatures are linked with the
increased transmission of vector and waterborne diseases like malaria, dengue, and
diarrhea (who). The heavy rains and increased temperatures lead to increased humidity
which increases the chance of mosquito breeding and survival. Increased natural
disasters not only directly contribute to the loss of human life, but also indirectly through
food insecurity and the destruction of health services.
Coastal ecosystems and fisheries
Climate change and global warming and the rising amounts of CO2 in the
atmosphere has contributed to ocean warming and ocean acidification. The ocean has
acted as a carbon sink for earth for millennia and is currently slowing the rate of global
warming through the sequestration of carbon. This comes at a cost however as the
oceans are becoming more and more acidic as they sequester more carbon dioxide.
Ocean acidification has dire consequences as it causes coral bleaching and ultimately
leads to the collapse of coral reefs (USAID). Rising sea levels cause increased salinity
that can have damaging impacts on the country’s extensive system of mangroves. Both
coral reefs and mangroves help to reduce coastal erosion and supports water quality.
This erosion from the loss of coral reefs and mangroves increase the chance of coastal
flooding and the loss of land. Coral reefs and mangroves also act as important feeding
and spawning areas for many fish species that many fisher folk depend on for survival.
Over 0% of the coastal population depends on marine resources like coral reefs or
mangroves for their contributions to fisheries, tourism, and storm protection.
Government policy Sustainable development
Recognizing the need to tackle the environment issues as well as the need to
sustain development and growth, the Philippines came up with the Sustainable
Development Strategy. The nation for the Sustainable Development Strategy includes
assimilating environmental considerations in administration, apposite pricing of natural
resources, conservation of biodiversity, rehabilitation of ecosystems, control of
population growth and human resources development, inducing growth in rural areas,
promotion of environmental education, strengthening citizens’ participation, and
promoting small to medium-sized enterprises and sustainable agricultural and forestry

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practices. One of the initiatives signed in part of the strategy was the 1992 Earth
Summit.
Upon signing the 1992 Earth Summit, the government of Philippines has been
constantly looking into many different initiatives to improve the environmental aspects of
the country.
Environmental protection
Currently, the Philippines’ Department of Environment and Natural Resources has been
busy tracking down illegal loggers and been spearheading projects to preserve the
quality of many remaining rivers that are not yet polluted.
List of protected areas of the Philippines
This is a list of protected areas of the Philippines administered by the Department
of Environment and Natural Resources’ Biodiversity Management Bureau under the
National Integrated Protected Areas System (NIPAS) Act of 1992. As of 2013, there are
240 protected areas in the Philippines covering a total area of 54,500 square kilometres
(21,000 sq mi)-14.2% of the Philippines’ total area.
History
The first important legislation that formed the basis of the current system of
national parks and protected areas in the Philippines is the Philippine Commission Act
No.648 enacted in 1903 by the US Congress. This act authorized the Civil Governor to
“reserve for civil public purposes, and from sale or settlement, any part of the, public
domain not appropriated by law for special public purposes.”
A total of eight national reserves had been established on July 26,1904 pursuant
to this law. These are: Lamao Forest Reserve in Bataan, Mariquina Reserve in Rizal,
Angat River Reserve in Bulacan, Caliraya Falls Reserve in Laguna, La Carlota Reserve
in Negros Occidental, San Ramon Reserve in Zamboanga, Magalang Reserve in
Pampanga, and Hacienda San Antonio in Isabela. In the same year, the Forest Act of
1904 (Act No. 1148) was adopted that expanded the scope of protected areas in the
Philippines. Among the first of such mountain forest reserves to be declared was Mount
Maquiling declared on November 21,1910.
On February 1,1932, the National Parks Act(Act No. 3195) was enacted that
formally established the national parks system in the country. [7] Mount Arayat became
the first national park in the Philippines established on June 27,1933 following this act.
A series of acts and legislations were passed in the next decades that aimed to
further strengthen these policies, including the Revised Forestry Code of 1975
(Presidential Decree No. 705) and Forest Administrative Order No. 7.Following the 1987
Constitution, the National Integrated Protected Areas System Act was enacted which
further enhanced the administration and classification of protected areas, and
broadened the mandate of the Department of Environment and Natural Resources in
enforcing its provisions.

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Classification
Protected areas in the Philippines encompass 40,700 square kilometers (15,700
sq mi) of terrestrial areas and 13,800 square kilometers (5,300 sq mi) of marine areas.
They are managed according to the following classifications described in Section 4 of
the National Integrated Protected Areas System Act of 1992(NIPAS Act).
National Parks-National parks refer to forest reservations essentially of natural
wilderness character which have been withdrawn from settlement, occupancy or any
form of exploitation except in conformity with approved management plan and set aside
as such exclusively to conserve the area or preserve the scenery, the natural and
historic objects, wild animals and plants therein and to provide enjoyment of these
features in such areas.
Natural Parks - Natural parks are relatively large areas not materially altered by
human activity where 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.
A World Heritage Site is a landmark or area which is selected by the United
Nations Educational, Scientific and Cultural Organization (UNESCO) as having cultural,
historical, scientific or other form of significance, and is legally protected by international
treaties. The sites are judged important to the collective interests of humanity.
To be selected, a World Heritage Site must be an already classified landmark,
unique in some respect as a geographically and historically identifiable place having
special cultural or physical significance (such as an ancient ruin or historical structure,
building, city, complex, desert, forest, island, lake, monument, mountain, or wilderness
area. It may signify a remarkable accomplishment of humanity, and serve as evidence
of our intellectual history on the planet.
The sites are intended for practical conservation for posterity, which otherwise
would be subject to risk from human or animal trespassing, unmonitored / uncontrolled /
unrestricted access, or threat from local administrative negligence. Sites are
demarcated by UNESCO as protected zones. The list is maintained by the international
World Heritage Program administered by the UNESCO World Heritage Committee,
composed of 21 “states parties” that are elected by their General Assembly.

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ACTIVITY 9

QUESTIONS:
1. What is the meaning environmental protection? Explain
2. Enumerate the approaches with regards to environmental protection
3. What is Kyoto Protocol? Explain
4. What is the concept of environmental protection?
5. Why is environmental protection important?
6. What are the top five (5) environmental concerns for 2019?
7. How can you conserve and protect the environment?
8. What are the “Seven Priorities for EPA’s Future?
9. What are the eight (8) areas covered by the Environment Protection and
BiodiversityConservation Act 1999 for the Commonwealth of Australia?
10. What are the issues for the Ministry of Mexico to address? Enumerate
=THE END=
Internet Sources
http://www.nytimes.com/2008/04/04/technology/04iht-
cybercrime07.html? pagewanted=all
http://www.bbc.co.uk/news/business-15668377
http://www.nytimes.com/2011/01/25/technology/25facebook.htm
<http://www.huffingtonpost.com/2011/03/21/google-fined-for-street-v_n_838323.html
<http://en.wikipedia.org/wiki/MoU/http://en.wikipedia.org/wiki/Security.http://dealnews.co
m/pages/articles/guide-Computer-crime-prevention
<http://www.theaustralian.com.au/australian-it/government/cybercrime-bill-
hasseriousflaws-

Cdi9 Cybercrime and Evironmental Laws

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Introduction to Cybercrime and Environmental Law

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An Introduction to Cyber-Crimes and Environmental Laws and Protection

 To apply criminological theories in the study of cybercrime and environmental

 To apply environmental aspects in analytical, conceptual and implementation

 Conceptual solutions of regional development issues

 To apply the research process on cybercrime, environmental laws and protection

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Computer crime refers to criminal activity involving a computer. The

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individuals or groups of individuals with a criminal motive to intentionally harm the

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an ever-evolving and rapidly changing dynamic. There is growing evidence globally of

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HISTORY OF CYBER CRIME

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There are also problems of privacy when confidential information is intercepted

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Computer crime has two elements:

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Cybercrime and cybersecurity are issues that can hardly be separated in an

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2. Computer-related offenses, such as computer-related forgery and

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Types of Cybercrime Description

1. Financial Crimes Credit Card Frauds; Money Laundering

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crash thereby denying authorized users the

Classification of Computer Crimes

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a. Altering in an unauthorized way. This requires little technical expertise and

 Identity theft – also known as identity fraud, is a crime in which an imposter

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 Extortion– (also called shakedown, outwrestling and exaction) is a criminal

 Theft of classified information o Classified information is sensitive information to

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Crimes that use computer networks or devices to advance other ends

2. The computer as a weapon :- using a computer to commit real world crime

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In 1983, a nineteen-year-old UCLA student used his PC to break into a Defense

• On 26 March 1999, the Melissa worm infected a document on a victim’s

• On 2 March 2010, Spanish investigators arrested some personalities in infection

• In August 2010 the international investigation Operation Delego, operating under

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compromising 65 million password hashes. 30,000 passwords were cracked and

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impossible otherwise. President Barack Obama released in an executive order in April

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Cyberstalking is the use of the Internet or other electronic means to stalk or

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Instruction: Answer and explain briefly the following questions.

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Who is the hacker?

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1. Bait and switch

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