Environmental Protection-Laws

Question 1

In what article of the GSP Code of Ethics stipulates the relation of geologist to co-professionals?

Answer 1

IV

Question 2

Who was the first president of the Geological Society of the Philippines (GSP)?

Answer 2

Jose M. Feliciano

Question 3

Philippine Clean Water Act of 2004 is also known as

Answer 3

RA 9275

Question 4

Philippine Clean Air Act of 1999 is also known as

Answer 4

RA 8749

Question 5

Cherry Hills Landslide in Rizal led to the creating of:

Answer 5

DAO 2000-28. Implementing Guidelines on Engineering Geological and Geohazard Assessment as Additional Requirement for ECC Applications covering Subdivision, Housing and other Land Development and Infrastructure Projects.

Question 6

EGGAR stands for

Answer 6

Engineering Geological and Geohazard Assessment Report (EGGAR)

Question 7

Who is the current director of Mines and Geosciences Bureau?

Answer 7

Atty. Wilfredo G. Moncano

Question 8

Commonwealth Act 137 introduced the Regalian Doctrine - lands & minerals owned by the state. This is the first major mining law until PD 463. This law is also known as

Answer 8

Mining Act of 1936

Question 9

The Indigenous People’s Rights Act (IPRA) of 1997 is also known as?

Answer 9

RA 8371

Question 10

What is the Regalian Doctrine?

Answer 10

Dictates that all lands of the public domain belong to the State, that the State is the source of any asserted right to ownership of land and charged with the conservation of such patrimony.

Question 11

Define PMRC.

Answer 11

Philippine Mineral Reporting Code (PMRC). Sets out the minimum standards, recommendations and guidelines for Public Reporting in the Philippines of Exploration Results, Mineral Resources and Ore Reserves

Question 12

The maximum area that a mineral agreement/exploration permit can cover onshore for partnerships, cooperatives, associations or corporations, in the entire Philippines.

Answer 12

200 blocks

Question 13

What is meant by the term force majeure?

Answer 13

It is a legal term excusing a company from completing its side of the bargain.

Question 14

What is RA 7076?

Answer 14

People’s Small Scale Mining Act of 1991 mandates that all applications for small scale mining will be under the approval of the Secretary of the DENR; pick and shovel operations

Question 15

What is the difference between Mineral Production sharing Agreement (MPSA) and Financial or Technical Assistance Agreement (FTAA)?

Answer 15

MPSA is an agreement wherein 60% in the state and 40% foreign. FTAA is an agreement up to 100% foreign.

Question 16

The minimum authorized cost of capitalization for the mining applicant for an Exploration Permit, Mineral Agreement, and FTAA.

Answer 16

PHP 10,000,000.00

Question 17

EO 79

Answer 17

No go zones for mining expanded, no issuance of MPSA from 2012-2021, Mining companies would pay 4% excise tax, small scale mining within Minahang Bayan only; Institutionalizing and implementing reforms in the Philippine Mining Sector, series of 2012.

Question 18

Based on Executive Order No. 79, small scale mining shall be limited to the following commodities only:

Answer 18

gold, silver, chromite

Question 19

What is an Environmental Protection and Enhancement Program (EPEP)?

Answer 19

The document that details the methods and procedures the company will use in attaining its environmental protection and management objectives over the life-of-the-mine.

Question 20

What is Writ of Kalikasan?

Answer 20

A legal remedy under Philippine law that provides protection of one’s constitutional right to a healthy environment.

Question 21

Define Precautionary Principle.

Answer 21

A generally accepted international law principle which states that if a product, an action, or a policy has a suspected risk of causing harm to the public or to the environment, protective action should be supported before there is a complete scientific proof of risk

Question 22

Explain what is in a co-production agreement.

Answer 22

An agreement where the government provides input to the mining operations other than the mineral resource.

Question 23

Discuss what is meant by a joint venture agreement.

Answer 23

The government takes a share from equity earnings as well as from the gross output of the mining operations.

Question 24

Explain what is National Disaster Risk Reduction and Management Council (NDRRMC).

Answer 24

It is a working group composed of various government, non-government, civil sector and private sector organizations of the Government of the Republic of the Philippines established by RA 10121 of 2009 and is administered by the Office of the Civil Defense under the Department of National Defense.

Question 25

What is the responsibility of Climate Change Commission (CCC)?

Answer 25

The sole policy-making body of the government which shall be tasked to coordinate, monitor and evaluate the programs and action plans of the government relating to climate change.

Question 26

Explain what is meant by the phrase “If not why not”.

Answer 26

It means that each item in the relevant section of table 1 must be discussed and if not, the ACP must explain why it has been omitted from the documentation.

Question 27

Enumerate the water body classification of freshwater and explain its intended beneficial use.

Answer 27

CLASS AA Public Water Supply Class I – Intended primarily for waters having watersheds, which are uninhabited and/or otherwise declared as protected areas, and which require only approved disinfection to meet the latest PNSDW
CLASS A Public Water Supply Class II – Intended as sources of water supply requiring conventional treatment (coagulation, sedimentation, filtration and disinfection) to meet the latest PNSDW
CLASS B Recreational Water Class I – Intended for primary contact recreation (bathing, swimming, etc.)
CLASS C 1.Fishery Water for the propagation and growth of fish and other aquatic resources
2.Recreational Water Class II – For boating, fishing or similar activities

3.For agriculture, irrigation and livestock watering

CLASS D Navigable waters

Question 28

Enumerate the water body classification of marine waters and explain its intended beneficial use.

Answer 28

CLASS SA 1.Protected Waters – Waters designated as national or local marine parks, reserves, sanctuaries and other areas established by law (Presidential Proclamation 1801 and other existing laws), and/or declared as such by appropriate government agecncy, LGUs, etc.
2.Fishery Water Class I – Suitable for shellfish harvesting for direct human consumption

CLASS SB 1.Fishery Water Class II – Waters suitable for commercial propagation of shellfish and intended as spawning areas for milkfish (Chanos chanos) and similar species
2.Tourist Zones – For ecotourism and recreational activities

3.Recreational Water Class I – Intended for primary contact recreation (bathing, swimming, skin diving, etc.)

CLASS SC 1.Fishery Water Class III – For the propagation and growth of fish and other aquatic resources and intended for commercial and sustenance fishing
2.Recreational Water Class II – For boating, fishing or similar activities

3.Marshy and/or mangrove areas declared as fish and wildlife sanctuaries

CLASS SD Navigable waters

Question 29

Explain the difference between the Montreal Protocol and Kyoto Protocol.

Answer 29

Montreal Protocol • a historic environmental accord that became a model for future diplomacy on the issue • Every country in the world eventually ratified the treaty, which required them to stop producing substances that damage the ozone layer, such as chlorofluorocarbons (CFCs) • The protocol has succeeded in eliminating nearly 99 percent of these ozone-depleting substances. • In 2016, parties agreed via the Kigali Amendment to also reduce their production of hydrofluorocarbons (HFCs), powerful greenhouse gases that contribute to climate change. Kyoto Protocol, 2005
• adopted in 1997 and entered into force in 2005, was the first legally binding climate treaty. • It required developed countries to reduce emissions by an average of 5 percent below 1990 levels and established a system to monitor countries’ progress.
• But the treaty did not compel developing countries, including major carbon emitters China and India, to take action.
• The United States signed the agreement in 1998 but never ratified it and later withdrew its signature.

Question 30

Explain the difference between The United Nations Framework Convention on Climate Change (UNFCCC), 1992 and Paris Agreement, 2015.

Answer 30

The United Nations Framework Convention on Climate Change (UNFCCC), 1992 • An international environmental treaty addressing climate change, negotiated and signed by 154 states at the United Nations Conference on Environment and Development, informally known as the Earth Summit, held in Rio de Janeiro from 3 to 14 June 1992. Paris Agreement, 2015
• The most significant global climate agreement to date
• requires all countries to set emissions-reduction pledges. Governments set targets, known as nationally determined contributions, with the goals of preventing the global average temperature from rising 2°C (3.6°F) above preindustrial levels and pursuing efforts to keep it below 1.5°C (2.7°F).
• It also aims to reach global netzero emissions, where the amount of greenhouse gasesemitted equals the amount removed from the atmosphere, in the second half of the century.
• (This is also known as being climate neutral or carbon neutral.)