The 1 Million Trees Project, spearheaded by Governor David C. Suarez, aims to plant and grow at least 1 million trees in all of Quezon Province. This long-term environmental effort of our Provincial Government ensures that our children's children can still enjoy the benefits these trees offer us.
Total Number of Growing Trees: 1, 342, 316 Countdown: 0 left to grow
|Provincial Government of Quezon Efforts||1 Million Trees - Brgy. Alitao, Tayabas (November 3, 2010)|
Be a truly committed and responsible Provincial Government as partner of God in “dressing and keeping” the environment and natural resources, doing everything it can to maintain the ecological balance and dedicate its best in developing and implementing systems of environmental education, conservation and protection that will be a testimony to its deepest desire to care for God’s creation.
A province whose environment and natural resources could sustainably support food production and economic growth and whose people are living harmoniously with nature, having attained true freedom and happily looking after the welfare of one’s own family and the generations to come.
Mandates & Functions
i. Sec. 484, LGC
(1) Formulate measures for the consideration of the Sangguniang Panlalawigan and provide technical assistance and support to the Provincial Governor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities relative to ENR services under Art. II, Sect. 7 of this Code;
(2) Develop plans and strategies and upon approval thereof by the Provincial Governor implement the same, particularly those which have to do with ENR programs, activities and projects which the Provincial Governor is empowered to implement and which the Sangguniang Panlalawigan is empowered to provide for under this Code;
(3) In addition to the foregoing duties and functions, the PENRM Officer shall:
(i) Establish, maintain, protect and preserve communal forests, watersheds, tree parks, mangroves, greenbelts, commercial forests and similar forest projects like industrial tree farms and agro-forestry projects;
(ii) Provide extension services to beneficiaries of forest development projects and technical, financial and infrastructure assistance;
(iii) Manage and maintain seed banks and produce seedlings for forests and tree parks;
(iv) Provide extension services to beneficiaries of forest development projects and render assistance for natural resources-related conservation and utilization activities consistent with ecological balanc;
(v) Promote the small-scale mining and utilization of mineral resources, particularly mining of gold;
(vi) Coordinate with government agencies and non-governmental organizations in the implementation of measures to prevent and control land, air and water pollution with the assistance of the DENR:
(4) Be in the frontline of the delivery of services concerning the ENR, particularly in the renewal and rehabilitation of the environment during and in the aftermath of man-made and natural disasters and calamities;
(5) Recommend to the SP and advise the PG on all matters relative to the protection, conservation, optimum utilization and application of appropriate technology and other matters related to the ENR; and
(6) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
ii. Memorandum Of Agreement for Devolution
(1) Forest Management
a. Implementation of the following community-based forestry projects:
(i) Integrated Social Forestry Projects currently funded out of regular
appropriations and those areas located in protected areas and critical
(ii) Establishment of new regular reforestation projects, except those areas
located in protected areas and critical watersheds;
(iii) Completed family and community-based contract reforestation projects,
subject to policies and procedures prescribed by the DENR;
(iv) Forestland Management Agreements, in accordance with DENR AO No.
71, S-1990 and other guidelines that the DENR may adopt
(v) Community Forestry Projects, subject to concurrence of financing
institutions, if foreign-assisted.
b. Management and control of communal forests with an area not exceeding fifty (50) square kilometers or five thousand (5, 000) hectares. Provided, that the concerned LGU shall endeavor to convert said areas into community forestry projects;
c. Management, protection, rehabilitation and maintenance of small watershed areas which are sources of local water supply as identified or to be identified by the DENR, and
d. Enforcement of forest laws in community-based forestry project areas, small watershed areas and communal forests, such as but not limited to:
(i) prevention of forest fire, illegal cutting and kaingin;
(ii) apprehension of violators of forest laws, riles and regulation;
(iii) confiscation of illegally extracted forest products on site;
(iv) imposition of appropriate penalties for illegal logging, smuggling of natural resources products and of endangered species of flora and fauna, slash and burn farming and other unlawful activities, and
(v) confiscation, forfeiture and disposition of conveyances, equipments and other implements used in the commission of offense penalized under P. D 705 as amended by E. O 277, series of 1987 and other forestry laws, rules and regulations.
Provided, that the implementation of the foregoing activities outside the evolved areas abovementioned shall remain with DENR.
(2) PROTECTED AREAS AND WILDLIFE
(a) Establishments, protection and maintenance of tree parks, greenbelts and other tourist attraction areas identified and delineated by the DENR, except those covered by the integrated protected areas system, as defined by law, and the collection of fees for their services and use of facilities established therein;
(b) Except export and import, regulation of flora outside protected areas including industries and business engaged in their propagation and development, such as orchidaria and nurseries. Provided, that such business and industries are registered with the DENR for monitoring purposes.
(c) Implementation of the Rehabilitation In Conservation Hotspots (RICH) and the Conservation Of Rare And Endangered Species (CARE) activities in the areas identified by the DENR
(3) ENVIRONMENTAL MANAGEMENT
(a) enforcement of the following pollution control and environmental protection laws, rules and regulation:
(i) issuance of Environmental Compliance Certificate (ECC) for project and business, under the Kalakalan 20;
(ii) adjudication of cases involving complaints against businesses under the Kalakalan 20, and
(iii) Apprehension and testing of smoke belching vehicles and collecting of appropriate fees and charges.
(b) Implementation of solid waste disposal and other environmental management systems and services related to general hygiene and sanitation, such as sewage and household waste disposal.
(c) Abatement of noise and other forms of nuisance as defined by law; and
(d) Implementation of cease and desist orders issued by the Pollution and Adjudication Board.
(4) MINES AND GEO-SCIENCES DEVELOPMENT
(a) Enforcement of the small scale mining law, subject to the policies, standards and guidelines of the DENR;
(b) Issuance of permits for guano collection, special permits for pebble picking operations along beaches/shorelines subject to the provision of Batas Pambansa Blg. 265, and permits for extraction of sand and gravel and other quarry resources such as diatomaceous earth, limestone for lime, clay, marble, talc, gypsum, phosphate, rock, barite, bentonite, feldspar, gemstone, pyrite for fertilizers, perlite and silica, involving areas of not more than 20 (20) hectares. Provided, that for purposes of attaining an effective system in issuance of these permits and the small scale mining permits prescribed under the provision of P.D.1899 and R.A. 7076 in relation to other pertinent mining laws, rules and regulations, the permits hereof shall be issued by the provincial governor upon clearance from the concerned DENR regional office and upon recommendation by the Provincial/City Mining Regulatory Board, and
(c) Verification and adjudication of conflicts on the collection of fees and charges for guano collection and the extraction of sand, gravel and other quarry resources.
(5) LAND MANAGEMENT
(a) conduct of cadasral surveys, except ongoing cadastral surveys;
(b) conduct of lot surveys, except CARP; and
(c) conduct of isolated and special surveys
Provided, that the issuance of survey authority and the verification of survey returns, records keeping, issuance of patents and other post-survey activities shall be done by the DENR. Provided further, that the DENR shall extend the necessary administrative and technical assistance to the LGUs for the actual conduct of surveys, and the preliminary activities attendant to the surveys.
(iii) National Laws and Statutes
a. RA 9003, Ecological Solid Waste Management Act of 2000(Section 10). Pursuant to the relevant provisions of R.A. 7160, otherwise known as the Local Government Code, the LGUs shall be primarily responsible for the implementation and enforcement of the provision of this Act within their respective jurisdictions.
Segregation and collection of solid wastes 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.
A Provincial Solid Waste Management Board shall be established in accordance with Section 11 while City/Municipal Solid Waste Management Boards shall likewise be established as per guidelines in Section 12 of the law. Additionally, the City/Municipal MSWB shall have the City/Municipal ENR Officer as one of its member. The concerned LCE is hereby obliged to provide a Technical Secretariat with at least 1 or 2 staff coming from the LGU’s ENR Office and IPHO and adequate fund for the Board’s MOOE including a permanent place wherein to conduct its meetings and operation.
The PSWMB is hereby directed to strictly execute the provisions of the law most particularly under Chapter III on Comprehensive Solid Waste Management and shall coordinate with all concerned agencies and offices for the efficient, effective and sustainable implementation of ESWM programs activities and projects.
b. R.A 8749, Clean Air Act of 1999 - Subject to Section 36 of the Act and pursuant to the Local Government Code (R.A 7160) and other pertinent laws, the local government units (LGU) shall have the following roles within their respective territorial jurisdiction:
(a) To share the responsibility in the management and maintenance of air quality within their respective territorial jurisdiction;
(b) To implement air quality standards set by the Governing Board, consistent with Sections 7, 8 and 9 of the Act;
(c) To establish an Environment and Natural Resources Office (ENRO) in every province, city or municipality which shall be headed by the environmental and natural resources officer appointed by the chief executive of every province, city or municipality in accordance with the provisions of section 484 of R.A. 7160 and to exercise powers and duties set forth in Section 37 of the Act;
(d) To prepare and develop, with the assistance from the Department, an action plan consistent with the Integrated Air Quality Framework to attain and maintain the ambient air quality standards within their respective airsheds as provided in Section 9 of the Act;
(e) To prepare and implement a program and other measures including relocation, whenever necessary, to protect the health and welfare of residents in the area;
(f) To develop and submit to the Department through the Bureau a procedure for carrying out the action plan for their jurisdiction, provided that the Department through the Bureau shall maintain its authority to independently inspect the enforcement procedure adopted;
(g) To perform such other powers and functions as may be provided by applicable laws, rules and regulations.
c. R.A. 9275, Clean Water Act of 2004(Section 20). The province, cities and municipalities shall share the responsibility in the management and improvement of water quality within their territorial jurisdictions.
Each local government unit shall within six (6) months after the establishment of the water quality management area action plan prepare a compliance scheme in accordance thereof, subject to review and approval of the Governing Board.
Each local government unit shall, through its Environmental and Natural Resource Office (ENRO) established in Republic Act No. 7160 and R.A. 8749, have the following powers and functions:
a) monitoring of water quality;
b) Emergency response;
c) Compliance with the framework of the water quality management action plan;
d) To take active participation in all efforts concerning water quality protection and rehabilitation; and
e) To coordinate with other government agencies and civil society and the concerned sectors in the implementation measures to prevent and control water pollution.
d. People’s Small Scale Mining Act of (RA 7076)/Phil. Mining Act of 1995 (RA 7942)
Section 1. ROLE OF LOCAL GOVERNMENTS. The PG recognizes that the province has an abundant wealth of mineral resources which could be utilized for the economic upliftment of its inhabitants as well as that of the country. Relative hereto, it expresses its serious intent to become a partner of the DENR-MGB in developing the mining industry in accordance with existing mining laws and to perform its roles as set forth herein, :
The IRR highlights the role of local government units (LGUs) in mining projects, both as beneficiaries and as active participants in mineral resources management, in consonance with the Constitution and government policies on local autonomy and empowerment. As such, the Mining Act provides the following:
• In consonance with the Local Government Code of 1992 (LGC), LGUs have a share of forty percent (40%) of the gross collection derived by the National Government from mining taxes, royalties and other such taxes, fees or charges from mining operations in addition to the occupational fees (30% to the Province and 70% to the Municipalities concerned);
• In consonance with the LGC and the People Small-Scale Mining Act (RA 7076), the LGUs shall be responsible for the issuance of permits for small-scale mining and quarrying operations, through the Provincial/City Mining Regulatory Boards (PMRBs/CMRBs);
• To actively participate in the process by which the communities shall reach an informed decision on the social acceptability of a mining project as a requirement for securing an Environmental Compliance Certificate (ECC);
• To ensure that relevant laws on public notices, consultations and public participation are complied with;
• To participate in the monitoring of mining activities as a member of the Multipartite Monitoring Team, as well as in the Mine Rehabilitation Fund Committee;
• To act as mediator between the Indigenous Cultural Communities (ICCs) and the mining contractor as may be requested/necessary;
• To be the recipients of social infrastructures and community development projects for the utilization and benefit of the host and neighboring communities; and
• To coordinate with and assist the DENR and the MGB in the implementation of the Mining Act and the IRR.
Section 2. AREAS CLOSED OR OPEN TO THE MINING APPLICATION. Pursuant to the Mining Act of 1995 and in consonance with State policies and existing laws, areas may either be closed to mining operations, or conditionally opened, as follows:
Areas CLOSED to mining applications:
• Areas covered by valid and existing mining rights and applications;
• Old growth or virgin forests, mossy forests, national parks, provincial/municipal forests, tree parks, greenbelts, game refuge, bird sanctuaries and areas proclaimed as marine reserve/marine parks and sanctuaries and areas proclaimed as marine reserve/marine parks and tourist zones as defined by law and identified initial components of the NIPAS, and such areas as expressly prohibited thereunder, as well as under DENR Administrative Order No. 25, s.1992, and other laws;
• Areas which the Secretary may exclude based, inter alia, or proper assessment of their environmental impacts and implications on sustainable land uses, such as built-up areas and critical watershed with appropriate barangay/municipal/provincial Sanggunian ordinances specifying therein the location and specific boundaries of the concerned area; and
• Areas expressly prohibited by law.
The following areas may be opened for mining operations, the approval of which are subject to the following conditions:
• Military and other government reservations, upon prior written consent by the government agency having jurisdiction over such areas;
• Areas near or under public or private buildings, cemeteries, and archaeological and historic sites, bridges, highways, waterways, railroads, reservoirs, dams and other infrastructure projects, public or private works, including plantations or valuable crops, upon written consent of the concerned government agency or private entity, subject to technical evaluation and validation by the MGB;
• Areas covered by FTAA applications, which shall be opened, for quarry resources upon written consent of the FTAA applicants/contractors. However, mining applications for sand and gravel shall require no such consent;
• DENR Project areas upon prior consent from the concerned agency.
Section 3. ANCESTRAL LANDS AND ICC AREAS. The Mining Act fully recognizes the rights of the Indigenous Peoples (IPs)/Indigenous Cultural Communities (ICCs) and respect their ancestral lands. Thus, in accordance with DENR Administrative Order No. 2, and consistent with the new Indigenous Peoples Rights Act (IPRA), the following shall be observed:
• No mineral agreements, FTAA and mining permits shall be granted in ancestral lands/domains except with prior informed consent in: a) CADC/CLC areas; and b) areas verified by the DENR Regional Office and/or appropriate offices as actually occupied by Indigenous Cultural Communities under a claim of time immemorial possession;
• Where written consent is granted by the ICCs, a royalty payment shall be negotiated which shall not be less than 1% of the Gross Output of the mining operations in the area. This Royalty shall form part of a Trust Fund for socio-economic well-being of the ICCs in accordance with the management plan formulated by the ICCs in the CADC/CALC area.
• Representation in the Multi-partite Monitoring Committee.
Section 4. SOCIAL AND COMMUNITY DEVELOPMENT AND RESEARCH AND DEVELOPMENT. The Mining contractors/operators shall allocate a minimum of 1% of their direct mining and milling costs for the following:
• Development of the host and neighboring communities and mine camp, including the construction and maintenance of social infrastructures to promote the general welfare of the inhabitants in the area. Such infrastructures include roads and bridges, school buildings, churches, recreational facilities, housing facilities, water and power supplies, etc.;
• For the development of mining technology and geosciences, particularly those related to improved efficiencies and environmental protection and rehabilitation; The mining contracts under the regimes of MPSA and FTAA also provide for the mandatory Filipinization program, technology transfer, and the training and priority employment of local residents. These contracts further mandate that mining operations shall maximize the utilization of local goods and services, the creation of self-sustaining generating activities, and skills-development.
Section 5. ENVIRONMENTAL AND SAFETY CONCERNS. A significant feature of the Mining Act of 1995 and its IRR is the premium given to environmental protection. Stringent
measures were institutionalized to ensure the compliance of mining contractors/operators to implement internationally accepted standards of environmental management. On top of the ECC conditionalities, herewith are some of the highlights provided for in the IRR;
• Mandatory allocation of an approximately 10% of the initial capital expenditures of the mining project for environment-related activities;
• Mandatory annual allocation of 3-5% of the direct mining and milling costs to implement an Annual Environmental Protection and Enhancement Program;
• Mandatory establishment of a MINE REHABILITATION FUND (MRF) to be composed of: a) a Monitoring Trust Fund ofP50,000 which is replenishable; and b) a Rehabilitation Cash Fund of P5 Million or 10% of the EPEP cost, whichever is lower. Such Funds are to be deposited as trust account in a government depository bank to be managed by MRF Committee composed of the MGB Regional Director, DENR Regional Executive Director, representatives from the LGU and an NGO, and the Contractor;
• Mandatory establishment of the Contingent Liability and Rehabilitation Fund (CLRF) to be managed by a Steering Committee chaired by the MGB Director with members coming from concerned government agencies;
• Conduct of Environmental Work Program (EWP) during the exploration stage and an Environmental Protection and Enhancement Program (EPEP) during the development and operations stage.
• Institutionalization of an incentive mechanism to mining companies utilizing engineered and well-maintained mine waste and tailings disposal systems with zero-discharge of materials/effluents and/or with wastewater treatments plants;
• Mandatory constitution and operationalization of a Multipartite Monitoring Team composed of representatives from the MGB, DENR Regional Office, affected communities, Indigenous Cultural Communities, an environmental NGO, and the Contractor/Permit Holder, to monitor mining operations;
• Mandatory establishment and operationalization of a Mine Environmental and Protection and Enhancement Office(MEPEO) in each mining/contract area which shall set the level of priorities and marshal the resources needed to implement environmental management programs;
• Conduct of an independent environmental audit to identify environmental risks affecting mining operations as a basis for the development of an effective environmental management system;
• Mandatory preparation and implementation of a final Mine Rehabilitation/ Decommissioning Plan at least five (5) year prior to the end of the life of the mine, to be undertaken in consultation and in coordination with the concerned communities, and shall be submitted for approval by the MGB and LGU concerned;
• Imposition of higher penalty (P50.00/MT) to mining companies that are found to have illegally discharged and/or discharging solid fractions of tailings into areas other than the approved tailings disposal area;
• Authorizing the MGB Regional Director to summarily suspend mining/quarrying operations in case of imminent danger to human safety or the environment;
• Mandatory compliance with the rules and regulations of the Mines Safety Rules and Regulations by all Contractors, Permittees, Lessees, Permit Holders and Service Contractors; and
• Institution of the Presidential Mineral Industry Environmental Award to be given to exploration or operating mining companies based on their exemplary environmental performance and accomplishments.
Section 6. ON SOCIAL ACCEPTABILITY. Mining contractors/operators shall allocate a minimum of 1% of their direct mining and milling costs for the development of the following:
• Host and neighboring communities and mine camp to promote the general welfare of inhabitants in the area. This includes construction and maintenance of infrastructures such as roads and bridges, school buildings, housing and recreational facilities, water and power supplies, etc.;
• Mining technology and geosciences, particularly those related to improved efficiencies and environmental protection and rehabilitation.
Section 7. Role of the PENRMO. As the technical Department of the PG of Quezon concerned with ENR conservation and protection, the PENRM Officer shall become a mandatory member of the PMRB. This Office through its Mining Industry Development Services & Monitoring Section shall serve as the Board’s Technical Secretariat, shall make available supplies, materials, office and IT equipments and keep and maintain records and documents pertaining to mining.
|Address:||Environment and Natural Resources Office
2nd Floor, Social Services Building,
Provincial Capitol Compound
Belen Drive, Barangay X
|Tel. No.:||(042) 710-7014 / 661-7975|