Environmental Laws Flashcards

1
Q

Mandated the formulation of an intensive, integrated program of environmental protection that will bring about a concerted effort towards the protection of the entire spectrum of the environment through a requirement of environmental impact assessments and statements.

A

PD No. 1152 - Philippine Environmental Policy

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2
Q

Required all agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations firms and entities to prepare, file and include in every action, project or undertaking which significantly affects the quality of the environment a detail statement on:
(a) the environmental impact of the proposed action, project or undertaking
(b) any adverse environmental effect which cannot be avoided should the proposal be implemented;
(c) alternative to the proposed action;
(d) a determination that the short-term uses of the resources of the environment are consistent with the maintenance and enhancement of the long-term productivity of the same; and
(e) whenever a proposal involve the use of depletable or non-renewable resources, a finding must be made that such use and commitment are warranted.

A

Section 4 of PD No. 1152

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3
Q

The goal is to establish specific environment management policies and prescribe environment quality standards of air, water, and land use management, natural resources management and conservation, and waste management.

A

PD No. 1151- Philippine Environmental Code

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4
Q

Shall be by sanitary landfill, incineration, composing, and other methods as may be approved by competent government authority.

A

Section 45. Solid Waste Disposal (Solid Waste Management)

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5
Q

The Dumping or disposal of solid wastes into the sea and any body of water in the Philippines, including shorelines and river banks, where these wastes are like to be washed into the water is prohibited. However, dumping of solid wastes or other materials into the sea or any navigable waters shall be permitted in case of immediate or imminent danger to life and property, subject to the rules and regulations of the Philippine Coast Coast Guard and the National Pollution Control Commission.

A

Section 49 - Dumping into the Sea and Other Navigable Waters (Solid Waste Management)

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6
Q

There shall be established ambient air quality standards which shall prescribe the maximum concentration of air pollutants permissible in the atmosphere consistent with public health, safety and general welfare.

A

Section 3. Ambient Air Quality Standard
(PD No. 1152 - Philippine Environmental Policy)

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7
Q

There shall be established national emission standards for new and existing stationary and mobile sources of pollution which shall consider among other such factors as type of industry, practicable control technology available, location and land use, and the nature of pollutants emitted.

A

Section. National Emission Standard
(PD No. 1152 - Philippine Environmental Policy)

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8
Q

There shall be established a standard for noise producing equipment such as construction equipment, transportation equipment, stationary engines, and electrical or electronic equipment and such similar equipment or contrivances.
The standards shall set a limit on the acceptable level of noise emitted from a given equipment for the protection of public health and welfare, considering among others, the magnitude and condition of use, the degree of noise reduction achievable through the application of best available technology and cost of compliance.

A

Section 6. Standards for Noise-Producing Equipment
(PD No. 1152 - Philippine Environmental Policy)

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9
Q

The classification and administration of all designated protected areas to maintain essential ecological processes and life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural conditions to the greatest extent possible.

A

RA 7586: NIPAS (National Integrated Protected Areas System Act of 1992)

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10
Q

Refers to identified portions of land and water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation.

A

Protected Area

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11
Q

Identified areas outside the boundaries of and immediately adjacent to designated protected areas pursuant to Section 8 that need special development control in order to avoid or minimize hard to the protected area.

A

Buffer Zones

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12
Q

List of Protected Areas:

A

SNNWWRN
(1) Strict Nature Reserve
(2) Natural Park
(3) Natural Monument
(4) Wildlife Monument
(5) Wildlife Sanctuary
(6) Resource Reserve
(7) Natural biotic areas

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13
Q

Area possessing some outstanding ecosystem, features and/or species of flora and fauna or national scientific importance maintained in an undisturbed state in order to have ecologically representative examples of natural environment.

A

Strict nature reserve

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14
Q

Relatively large area 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

Natural Park

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15
Q

Relatively small area focused on protection of small features to protect or preserve nationally significant natural features on account of their special interest or unique characteristics.

A

Natural Monument

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16
Q

An area which assures the natural conditions necessary to protect nationally significant species, groups of species, biotic communities or physical features of the environment.

A

Wildlife Sanctuary

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17
Q

Areas of national significance which are characterized by the harmonious interaction of man and land while providing opportunities for public enjoyment through the recreation and tourism within the normal lifestyle and economic activity of these areas.

A

Protected landscape and seascapes

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18
Q

An extensive and relatively isolated and uninhabited area normally with difficult access designated as such to protect natural resources of the area for future use and prevent or contain development activities that could affect the resource pending the establishment of objectives which are based upon appropriate knowledge and planning.

A

Resource Reserve

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19
Q

An area set aside to allow the way of life of societies living in harmony with the environment to adapt to modern technology at their pace.

A

Natural Biotic Areas

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20
Q

SECTION 20. Prohibited Acts
The following acts are prohibited within protected areas:

A

a. Hunting, destroying, disturbing, or mere possession of any plants or animals or products derived therefrom without a permit from the Management Board;
b. Dumping of any waste products detrimental to the protected area, or to the plants and animals or inhabitants therein;
c. Use of any motorized equipment without a permit from the Management Board;
d. Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural communities (of scenic value);
e. Damaging and leaving roads and trails in a damaged condition;
f. Squatting, mineral locating, or otherwise occupying any land;
g. Constructing or maintaining any kind of structure, fence or enclosures, conducting any business enterprise without a permit;
h. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in ground or in bodies of water; and
i. Altering, removing destroying or defacing boundary marks or signs.

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21
Q

An Act Instituting A New System of Mineral Resources Exploration, Development, Utilization, and Conservation

A

RA 7942 - Philippine Mining Act 1995

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22
Q

To all naturally occurring inorganic substance in solid, gas, liquid, or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials, and geothermal energy.

A

Minerals

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23
Q

A contract between the government and a contractor, involving mineral production-sharing agreement, co-production agreement, or joint-venture agreement.

A

Mineral Agreement

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24
Q

Any concentration of minerals/rocks with potential economic value.

A

Mineral Resource

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25
Q

Mineral resources are owned by the State and the exploration, development utilization, and processing thereof shall be under its full control and supervision.
The State may directly undertake such activities or it may enter into mineral agreement with contractors.
The State shall recognize and protect the rights of the indigenous cultural communities to their ancestral lands as provided by the Constitution.

A

Ownership of Mineral Resources
Section 4

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26
Q

Lands containing deposits of valuable , useful, or precious minerals in such quantities as to justify expenditures in the effort to extract them, and which are more valuable for the minerals they contain than for agricultural or other uses.

A

Mineral Land

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27
Q

Shall be the primary government agency responsible for the conservation, management, development, and proper use of the State’s mineral resources including those in reservations, watershed areas, and lands of the public domain.
(Section 8. RA 7942 - Philippine Mining Act of 1995)

A

DENR

28
Q

Shall have the authority to enter into mineral agreements on behalf of the Government upon the recommendation of Director of Mines and Geosciences Bureau, promulgate such rules and regulations as may be necessary to implement the intent and provisions of this Act.
(Section 8. RA 7942 - Philippine Mining Act of 1995)

A

DENR Secretary

29
Q

The maximum area which a qualified person may hold at any one time.

A

5 hectares

Provided, that in large-scale quarry operations involving cement raw materials, marble, granite, sand and gravel and construction aggregates, a qualified person and the government may enter into a mineral agreement as defined therein.
(Section 43. RA 7942 - Philippine Mining Act of 1995)

30
Q

To be used if you go beyond 5 hectares and quarry permit is no longer applicable.

A

Mineral agreement

31
Q

A quarry permit may be cancelled by the _______ for violations of the provisions of this Act or its implementing rules and regulations or the terms and conditions of said permit, the holder thereof shall be given the opportunity to be heard in an investigation conducted for the purpose.
(Section 45. Cancellation of Quarry Permit - Philippine Mining Act of 1995)

A

Provincial Governor

32
Q

Any person extracting minerals and disposing the same without a mining agreement, lease, permit, license, shall, upon conviction, be imprisoned from __ months to ___ years and pay a fine from P_______ pesos to P________ or both, at the discretion of the appropriate court. In addition, he shall be liable to pay damages and compensation for the mineral removed, extracted, and disposed of.
(Section 103. Theft of Minerals - Philippine Mining Act of 1995)

A

6 months
6 years
P10,000
P20,000

33
Q

3 Mining Operations

A

EMF
(1) Exploration
(2) Mineral agreements
(3) Financial or Technical Assistance Agreement (FTAA)

34
Q

The searching or prospecting for mineral resources by geological, geochemical or geophysical surveys, remote sensing, test pitting, trenching drilling, shaft sinking, tunneling or any other means for the purpose of determining the existence, extent, quantity and quality thereof and the feasibility of mining them for profit.

A

Exploration

35
Q

The right to conduct exploration for al minerals in specified areas to a qualified person.
Such permit does not amount to an authorization to exact and carry off the mineral resources that may be discovered.

A

Exploration permit

36
Q

The one that grants Exploration permit.

A

Mines and Geosciences Bureau

37
Q

How many years is the effectivity of permit for exploration?
Section 21. Terms and Conditions of the Exploration

A

2 years from date of issuance, renewable for not more than 4 years (non-metallic) or 6 years (metallic)

38
Q

Shall grant to the contractor the exclusive right to conduct mining operations and to extract all mineral resources found in the contract area.

A

Mining Agreement (Section 26. RA 7942)

39
Q

How many years is the effectivity of permit for mining?

A

Not exceeding 25 years from the date of execution and renewable for another term not exceeding 25 years, under the same terms and conditions thereof, without prejudice to changes mutually agreed upon by the parties.

40
Q

After the renewal period, the operation of the mine may be undertaken by ________ or through a contractor.

A

The Government

41
Q

The contract for the operation of a mine shall be awarded to the ______ in a public bidding after due publication of the notice thereof: Provided, that the contractor shall have the right to equal the highest bid upon reimbursement of all reasonable expenses of the highest bidder.

A

Highest bidder

42
Q

A mineral agreement may take the following forms as herein defined:

A

(a) Mineral production sharing agreement
(b) Co-production agreement
(c) Joint venture agreement

43
Q

An agreement where the Government grants to the contractor the exclusive right to conduct mining operations within a contract area and shares in a gross output.
Note: The contractor shall provide the financing, technology, management and personnel necessary implementation of this agreement.

A

Mineral production sharing agreement

44
Q

An agreement between the Government and the contractor wherein the Government shall provide inputs to the mining operations other than the mineral resource.

A

Co-production agreement

45
Q

An agreement where a joint-venture company is organized by the Government and the contractor with both parties having equity shares. Aside from earnings in equity, the Government shall be entitled to a share in the gross output.

A

Joint venture agreement

46
Q

Eligibility to apply for mineral agreements

A
  • Individual - must be a Filipino citizen of legal age and with the capacity to contract.
  • Corporation, partnership, association or cooperative must be organized or authorized for the purpose of engaging in mining, duly registered and at least 60% of the capital is owned by the Filipino.
47
Q

A contract involving financial or technical assistance for large-scale exploration, development and utilization of natural resources.

A

Financial or Technical Assistance Agreement (FTAA)

48
Q

Any qualified person with technical and financial capability to undertake large-scale exploration, development, and utilization of mineral resources in the Philippines may enter into a financial or technical assistance agreement directly with the Government through the Department.

A
49
Q

Note: A corporation, partnership, association or cooperative with less than ___% of capital owned by Filipino is deemed qualified. (FTAA)

A

50%

50
Q

Maximum Contact Area on Onshore (FTAA)

A

1000 meridional blocks

51
Q

Maximum Contact Area on Offshore (FTAA)

A

4000 meridional blocks

52
Q

Terms and Condition on FTAA

A

Not exceeding 25 years from the date of execution and renewable for another term not exceeding 25 years.

53
Q

FTAA shall be negotiated by?

A

Secretary of DENR

54
Q

FTAA shall be approved by the?

A

President.
Then, the president shall notify the Congress

55
Q

Quarry sand and gravel, guano and gemstone resources in private or public lands may be extracted, removed and disposed or utilized (common stones or common minerals)

A

Quarry Resources

Note: In large-scale quarry operations involving cement raw materials, marble, granite and sand and gravel and construction aggregates, any qualified person may apply.

56
Q

Any qualified person may apply for a ______ with the Provincial/City Mining Regulatory Board.

A

Quarry Permit

57
Q

Term for Quarry Permit

A

5 years from the date of issuance renewable for like period but not to exceed a total term of 25 years.

58
Q

Refers to mining activities that rely heavily on manual labor using simple tools and methods. It does not use explosives or heavy mining equipment and requires only a small capital investment.

A

Small-scale mining

59
Q

Act for small-scale mining.
The development of these small mineral deposits will generate more employment opportunities, thereby alleviating the living conditions in the rural areas and will contribute additional foreign exchange earnings.

A

People’s Small-Scale Mining Act of 1991 (R.A. No. 7076)

60
Q

Refers to any single unit mining operation having an annual production of not more than 50,000 metric tons of ore.

A

Small-scale mining
P.D. 1899 - Implementation of the Small Scale Mining in the Philippines

61
Q

Awarded to small scale miners who have voluntarily organized and have been registered as an individual miner or cooperative.

A

Small-scale Mining Contracts

62
Q

Who awards the Small-scale Mining Contracts?

A

Provincial / City Mining Regulatory Board

63
Q

Term of Small-scale Mining

A

2 years renewable for like periods

64
Q

Term of

A
65
Q

Maximum area of Small-scale Mining

A

Should not exceed 20 hectares per contractor.

66
Q

Areas Closed to Mining Application

A

a. In military and other government reservations, except upon prior written clearance by the government agency concerned;
b. Near or under public or private building, cemeteries, archeological and historic sites, bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure projects, public or private works including plantations or valuable crops, except upon written consent of the government agency or private entity concerned;
c. In areas covered by valid and existing mining rights;
d. In areas expressly prohibited by law;
e. In areas covered by small-scale miners in which case a royalty payment upon the utilization of minerals shall be agreed upon by the parties, said royalty forming a trust fund for the socioeconomic development of the community concerned; and
f. Old growth or virgin forests, proclaimed watershed forest reserves, wilderness areas, mangrove forests, mossy forests, national parks provincial/municipal forests, parks, greenbelts, game refuge and bird sanctuaries as defined by law and in areas expressly prohibited under the NIPAS under Act No. 7586, Department Administrative Order No. 25, series of 1992 and other laws.