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This web
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contains the full text of
Presidential
Decree No. 979
[PROVIDING FOR THE REVISION OF
P.D.
600 GOVERNING MARINE POLLUTION]
.
PRESIDENTIAL DECREE
NO.
979
[PROVIDING FOR
THE REVISION
OF PRESIDENTIAL DECREE NO. 600 GOVERNING MARINE POLLUTION]
WHEREAS, the marine environment
and the living organisms which it supports are vital of importance to
humanity,
and all people have an interest in assuring that it is managed and
protected,
and its quality is not impaired;
WHEREAS, recognizing that
the capacity of the sea to assimilate wastes and render them harmless,
and its ability to regenerate natural resources is limited;
WHEREAS, knowing that the
marine pollution originates from many sources, such as dumping and
discharging
through the rivers, estuaries, brooks or springs.
WHEREAS, it is our
responsibility
to control public and private activities that cause damage to the
marine
environment by using the best practicable means and by developing
improved
disposal processes to minimize harmful wastes;
WHEREAS, there is a urgent
need to prevent, mitigate or eliminate the increasing damages to marine
resources as a result of pollution;
NOW, THEREFORE, I,
Ferdinand
E. Marcos, President of the Philippines, by virtue of the powers vested
in me by the Constitution, do hereby decree and order the following:
Section 1
Title
This Decree shall be known
as the "Marine Pollution Decree of 1976."
Section 2
Statement of Policy
It is hereby declared a
national policy to prevent and control the pollution of seas by the
dumping
of wastes and other matter which create hazards to human health, harm
living
resources and marine life, damage amenities, or interfere with the
legitimate
uses of the sea within the territorial jurisdiction of the Philippines.
Section 3
Definition of Terms
For the purposes of this
decree:
a. Discharge
includes,
but is not limited to, any spilling, leaking, pumping, pouring,
emitting,
emptying or dumping but does not include discharge of effluent from
industrial
or manufacturing establishments, or mill of any kind.
b. Dumping means
any
deliberate disposal at sea and into navigable waters of wastes or other
matter from vessels, aircraft, platforms or other man-made structures
at
sea, including the disposal of wastes or other matter directly arising
from or related to the exploration, exploitation and associated
off-shore
processing of sea bed mineral resources unless the same is permitted
and/or
regulated under this decree: Provided, That it does not mean a
disposition
of any effluent from any outfall structure to the extent that such
disposition
is regulated under the provisions of Republic Act Numbered Three
Thousand
Nine Hundred Thirty One, nor does it mean a routine discharge of
effluent
or other matter incidental to the propulsion of, or derived from the
normal
operations of vessels, aircraft, platforms or other man-made structures
at sea and their equipment.
b. Oil means oil
of
any kind or in any form including, but not limited to, petroleum, fuel
oil, sludge, oil refuse, and oil mixed with wastes other than dredge
spoil.
c. Navigable
Waters
means the waters of the Philippines, including the territorial sea and
inland waters which are presently, or be in the future susceptible for
use by watercraft.
d. Vessel means
every
description of watercraft, or other artificial contrivance used, or
capable
of being used, as a means of transportation on water.
e. Person includes
any being, natural or juridical, susceptible of rights and obligations
or of being the subject of legal relations.
f. Refuse means
garbage,
waste, wood residues, sand, lime cinder ashes, offal, nightsoil, tar,
dye
stuffs, acids, chemicals and substances other than sewage and
industrial
wastes that may cause pollution.
Section 4
Prohibited Acts
Except in cases of
emergency
imperiling life or property, or unavoidable accident, collision, or
stranding
or in any cases which constitute danger to human life or property or a
real threat to vessels, aircraft, platforms, or other man-made
structure,
or if dumping appears to be the only way of averting the threat and if
there is probability that the damage consequent upon such dumping will
be less than would otherwise occur, and except as otherwise permitted
by
regulations prescribed by the National Pollution Control Commission or
the Philippine Coast Guard, it shall be unlawful for any person to:
a. discharge,
dump,
or suffer, permit the discharge of oil, noxious gaseous and liquid
substances
and other harmful substances from or out of any ship, vessel, barge, or
any other floating craft, or other man-made structures at sea, by any
method,
means or manner, into or upon the territorial and inland navigable
waters
of the Philippines;
b. throw,
discharge
or deposit, dump, or cause, suffer or procure to be thrown, discharged,
or deposited either from or out of any ship, barge, or other floating
craft
or vessel of any kind, or from the shore, wharf, manufacturing
establishment,
or mill of any kind, any refuse matter of any kind or description
whatever
other than that flowing from streets and sewers and passing therefrom
in
a liquid state into tributary of any navigable water from which the
same
shall float or be washed into such navigable water; and
c. deposit or
cause,
suffer or procure to be deposited material of any kind in any place on
the bank of any navigable water, or on the bank of any tributary of any
navigable water, where the same shall be liable to be washed into such
navigable water, either by ordinary or high tides, or by storms or
floods,
or otherwise, whereby navigation shall or may be impeded or obstructed
or increase the level of pollution of such water.
Section 5
Primary
Responsibility
It shall be the primary
responsibility of the National Pollution Control Commission to
promulgate
national rules and policies governing marine pollution, including but
not
limited to the discharge of effluents from any outfall structure,
industrial
and manufacturing establishments or mill of any kind to the extent that
it is regulated under the provisions of Republic Act Numbered Three
Thousand
Nine Hundred Thirty-One, and to issue the appropriate rules and
regulations
upon consultation with the Philippine Coast Guard.
The Philippine Coast Guard
shall promulgate its own rules and regulations in accordance with the
national
rules and policies set by the National Pollution Control Commission
upon
consultation with the latter, for the effective implementation and
enforcement
of this decree and other applicable laws, rules and regulations
promulgated
by the government.
The rules and regulations
issued by the National Pollution Control Commission or the Philippine
Coast
Guard shall not include deposit of oyster, shells, or other materials
when
such deposit is made for the purpose of developing, maintaining or
harvesting
fisheries resources and is otherwise regulated by law or occurs
pursuant
to an authorized government program: Provided, That the Philippine
Coast
Guard, whenever in its judgment navigation will not be injured thereby
and upon consultation with and concurrence of the National Pollution
Control
Commission may permit the deposit of any of the materials
above-mentioned
in navigable waters, and whenever any permit is so granted, the
conditions
thereof shall be strictly complied with.
Section 6
Enforcement and
Implementation
The Philippine Coast Guard
shall have the primary responsibility of enforcing the laws, rules and
regulations governing marine pollution. However, it shall be the joint
responsibility of the Philippine Coast Guard and the National Pollution
Control Commission to coordinate and cooperate with each other in the
enforcement
of the provisions of this decree and its implementing rules and
regulations,
and may call upon any other government office, instrumentality or
agency
to extend every assistance in this respect.
Section 7
Penalties for
Violations
Any person who violates
Section 4 of this Decree or any regulations prescribed in pursuance
thereof,
shall be liable for a fine of not less than Two Hundred Pesos nor more
than Ten Thousand Pesos or by imprisonment of not less than thirty days
nor more than one year or both such fine and imprisonment, for each
offense,
without prejudice to the civil liability of the offender in accordance
with existing laws.
Any vessel from which oil
or other harmful substances are discharged in violation of Section 4 or
any regulation prescribed in pursuance thereof, shall be liable for the
penalty of fine specified in this section, and clearance of such vessel
from the port of the Philippines may be withheld until the fine is paid.
In addition to the penalties
above-prescribed, the Philippine Coast Guard shall provide in its rules
and regulations such reasonable administrative penalties as may be
necessary
for the effective implementation of this decree.
Section 8
Containment-Recovery
System
The Philippine Coast shall
develop an adequate capability for containment and recovery of spilled
oil for inland waters and high seas use. An initial amount of five (5)
million pesos is hereby appropriated for the procurement of necessary
equipment
for this purpose. For the succeeding fiscal years, the appropriation
for
the development of such capability shall be included in the Philippine
Coast Guard portion of the General Appropriation Decree.
Section 9
Repealing Clause
All laws, rules and
regulations
inconsistent with this decree are hereby repealed or modified
accordingly.
Section 10
Effectivity
This Decree shall take
effect
immediately.
Approved: August 18, 1976
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