LOCAL ENVIRONMENTAL LAWS (Flash the first slide. Let them answer the question.) From our first few discussions, we have learned that biogeochemical cycles have been doing their part to circulate essential elements of living matter in order to sustain life on earth. In each of these cycles, it is evident that laws govern how they cycle. For example, in the water cycle, what comes first, condensation or evaporation? (Let them answer.) Exactly, it is evaporation. A step cannot precede another if it is not stated by the natural laws. So, as humans, what is our part in keeping our planet sustainable? We should also legislate, execute, and follow the laws designed to protect the environment. If there are laws, there should also be someone to enforce the legislated laws. In the Philippines, the Department of Environment and Natural Resources (DENR) is the executive department of the government responsible for governing and supervising the exploration, development, utilization, and conservation of the country's natural resources. This only means that whatever environmental laws have been passed, including the ones that have already been discussed and I have yet to discuss, will be overseen by the DENR as they have the overall responsibility for governing our natural resources. Republic Act No. 7611: Strategic Environmental Plan for Palawan Act of 1992 The Strategic Environmental Plan (SEP) is "a comprehensive framework for the sustainable development of Palawan." The main strategy is to establish an "Environmentally Critical Areas Network" or ECAN. ECAN is a graded system of protective control over all terrestrial and marine natural resources, as well as the tribal ancestral lands in Palawan. Technically, this law is Palawan’s blueprint towards green development— balancing environmental protection and development initiatives. What should Palawan choose? Environmental protection or development? The answer is both: sustainable development. This is the reason why the Palawan Council for Sustainable Development (PCSD) was created pursuant to this policy. The Palawan Council for Sustainable Development (PCSD) is a multisectoral and inter-disciplinary body, which under the law is charged with the governance, implementation, and policy direction of the SEP Law (RA 7611 of 1992) covering the Province of Palawan. Mandates of PCSD: Republic Act No. 9175 (Chain Saw Act of 2002) To conserve, develop and protect the forest resources under sustainable management. The State shall therefore regulate the ownership, possession, sale, transfer, importation and/or use of chain saws to prevent them from being used in illegal logging or unauthorized clearing of forests. Every permit to possess and/or use a chain saw for legitimate purpose shall be valid for two (2) years upon issuance: Provided, That permits to possess and use chainsaw issued to non-commercial orchard and fruit tree farmers shall be valid for a period of five (5) years upon issuance. For this purpose, the Department shall be allowed to collect reasonable registration fees for the effective implementation of this Act. Penalties: Selling, Purchasing, Re-selling Transferring, Distributing or Possessing a Chain Saw Without a Proper Permit. — Any person who sells, purchases, transfers the ownership, distributes, or otherwise disposes or possesses a chain saw without first securing the necessary permit from the Department shall be punished with imprisonment of four (4) years, two (2) months and one (1) day to six (6) years or a fine of not less than Fifteen thousand pesos (P15,000.00) but not more than Thirty thousand pesos (P30,000.00) or both at the discretion of the court, and the chain saw/s confiscated in favor of the government. Actual Unlawful Use of Chain Saw. — Any person who is found to be in possession of a chain saw and uses the same to cut trees and timber in forest land or elsewhere except as authorized by the Department shall be penalized with imprisonment of six (6) years and one (1) day to eight (8) years or a fine of not less than Thirty thousand pesos (P30,000.00) but not more than Fifty thousand pesos (P50,000.00) or both at the discretion of the court without prejudice to being prosecuted for a separate offense that may have been simultaneously committed. The chain saw unlawfully used shall be likewise confiscated in favor of the government. Reward: Any person who voluntarily gives information leading to the recovery or confiscation of an unregistered chain saw and the conviction of persons charged thereof shall be entitled to a reward equivalent to twenty percent (20%) of the value of the chain saw unit(s). The Department is authorized to include in its budget the amount necessary to carry out the purpose of this section. Republic Act No. 9072 (National Caves and Cave Resources Management and Protection Act) To conserve, protect and manage caves and cave resources as part of the country's natural wealth. Towards this end, the State shall strengthen cooperation and exchange of information between governmental authorities and people who utilize caves and cave resources for scientific, educational, recreational, tourism and other purposes. Prohibited Acts. - The following shall be considered prohibited acts: Knowingly destroying, disturbing, defacing, marring, altering, removing or harming the speleogem or speleothem of any cave or altering the free movement of any animal or plant life into or out of any cave; Gathering, collecting, possessing, consuming, selling, bartering or exchanging or offering for sale without authority any cave resource; and Counselling, procuring, soliciting or employing any other person to violate any provision of this Section. Republic Act No. 10067 (Tubbataha Reefs Natural Park (TRNP) Act of 2009) Municipality of Cagayancillo To ensure the protection and conservation of the globally significant economic, biological, sociocultural, educational, and scientific values of the Tubbataha Reefs into perpetuity for the enjoyment of present and future generations. Sec. 19. Unauthorized Entry, Enjoyment or Use. — No person or entity shall enter, enjoy or utilize any portion of the TRNP and the resources therein for whatever purpose without prior permission from the TPAMB as herein provided. Violation of this section shall be subject to imprisonment of not less than six (6) months but not more than one (1) year imprisonment and a fine of One Hundred Thousand Pesos (P100,000.00) but not more than Three Hundred Thousand Pesos (P300,000.00), as may be determined by the TPAMB. If a violator is a commercial fisher/fisherfolk, the penalty shall be imprisonment of not less than one (1) year but not more than three (3) years and a fine of Five Hundred Thousand Pesos (P500,000.00). Sec. 25. Introduction of Exotic Species. — It shall be unlawful to introduce exotic species of plants or animals into the TRNP. Violation of this section shall be punished with imprisonment of six (6) months to six (6) years; fine of One Hundred Thousand Pesos (P100,000.00) to One Million Pesos (P1,000,000.00); and forfeiture of the resources subject of the offense, equipment, gears and vessels. The TPAMB shall also impose administrative fine ranging from Two Hundred Thousand Pesos (P200,000.00) to One Million Pesos (P1,000,000.00); and confiscation and forfeiture of the resources subject of the offense, equipment, gears and vessels. Sec. 26. Hunting, Catching, Fishing, Killing, Taking, Gathering, Removing, Destroying, Disturbing or Possessing Resources. —It shall be unlawful for any person to actually or attempt to hunt, catch, fish, kill, take, gather, remove, destroy, disturb or possess any resource, whether living or nonliving, or products derived therefrom. The unauthorized entry of a vessel in TRNP shall be prima facie evidence of violation of this section. Where the offender uses explosives, noxious or poisonous substances, the penalty shall be imprisonment ranging from six (6) years and one (1) day to twelve (12) years without prejudice to the filing of separate criminal cases when the use of the same result to the physical injury or loss of human life; fine ranging from Three Hundred Thousand Pesos (P300,000.00) to Five Hundred Thousand Pesos (P500,000.00). The TPAMB shall also impose administrative fine ranging from Three Hundred Thousand Pesos (P300,000.00) to Five Hundred Thousand Pesos (P500,000.00); and confiscation and forfeiture of the resources subject of the offense, equipment, gears and vessels.