Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

15" Congress
Second Regular Session

House BifNo,__ 57°36

Introduced by HON. FERDINAND MARTIN G. ROMUALDEZ

Explanatory Note

Environmental problems in the Philippines are multi-faceted, forest denudation. destruc-
tion of marine life. loss of soil fertility, urban air and water pollution, and inadequate wastes dis-
posal system are environmental problems that rob us and the future generations of a clean and
health environment.

The continuous degradation of our environment is somehow a result of government ne-
glect. The Department of Environment and Natural Resources, while attending to probiems
conceming our forests and natural resources. has neglected the environment. We do not even
have concrete standards on air, water and land quality. More so, we lack strategies and action
plans to safeguard public health against poor environmental quality. What this nation therefore
need is a separate government entity which will focus on environmental concerns such as air
and water pollution, Solid and toxic wasted. hazardous substances and public health

‘The Bill therefore proposed the creation of National Environmental Management Author-
ty (NEMA) an environmental watchdog which shail be responsible for the conservation of the
country’s environment and sources, regulation of environmental impact occasioned by human
activities and control and abatement of environmental pollution.

The primary powers of NEMA, as envisioned in this legislative measure, shal! include
among others, the following

. The formulation of an integrated policy approach fo natural resources and
environmental conservation:

. The formulation and implementation of comprehensive and continuing con-
servation and environmental protection strategies and action plans:

. ‘The formulation and enforcement of environmental quatity standards for wa-

ter, air, land, noise, radiation and the prescription of rules and regulations for
Pollution control and environmental conservation;

- ‘The deputation of appropriate government agencies or instrumentalities and
establishing fields offices in various administrative and autonomous regions
of the country for the purpose of enforcing the Act, and

. The promotion of PO's and NGO's and private sector's active participation in
conservation of the natural resources and protecting the environment

The proposed NEMA shall provide the lead role in enhancing environmental quality. in
view of the importance of this institutional reform. early approval of this Bill is hereby requested.

op hell cae


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezan City
15” Congress
Second Regular Session
oe ”
House Bill No 5736

Intoduced by Hon. Ferdinand Martin G. Romualdez

AN ACT
CREATING THE NATIONAL ENVIRONMENTAL MANAGEMENT AU-
THORITY DEFINING ITS POWERS, FUNCTIONS AND RESPONSIBILI-
TIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PUR-
POSES

Be if enacted by the Senate and the House of Representalives of the Philippwes in
Congress assembled.

Chapter |
General Provisions

Section 1. Title, ~ This Act shall be known as the National Environmental Man-
agement Authority (NEMA) Act.

Section 2. Declaration of Policy. ~ Its the policy of the State to protect and ad-
vance the right of the people to a balanced ecology and a wholesome and healthy envi-
fenment Toward this end, the State shall create an agency mandated to adopt and in
plement plans, programs, projects and activities which shall ensure protection of the
envionment against pollution and other impacts occasioned by man’s activities

Chapter It
National Environmental Management Authority

Section 3. Creation of the National Environmental Management Authority. - To
implement the policy enunciated in this Act. there 1s hereby created a non-stock. non
Profit body corporate to be known as the National Environmental Management Auchor-
ity. hereinafter referred to as the Authority. which shat be created within One hundred
twenty (120) days after the effectivity of this Act. The Authority shall be under the gen-
eral supervision of the Oftice of the President.

Section 4. Purposes and Duties of the Authority. — In pursuit of its mandate the
Authority shall have the following general purposes and duties

(a) _ Formulate and implement an integrated approach to the improvement of
the country’s environment quality:

(>) Develop and imptement a comprehensive. multi-year plan for envon-
mental protection and poliustion control that shall form part of the National Economic and
Development Authority's national development plan


fc} Evolve an integrated. multi-sectoral and mutti-disciplinary national conser-
vation strategy which shall focus on the critical life-support systems;

(4) Implement the Environmental impact Assessment (EIA) System under
Presidential Dacree No. 1586;
te) Formulate and enforce environmental quality standards for water. air

land. noise, radiation, etc

()___ Promuigate and prescnbe policies, rules and regulations for the contro! of
water. air and land pollution, and the proper disposal of solid wastes. as well as taxic
and hazardous substances

(9) Develop and undertake an integrated research program pertaining to en-
“sronmental protection, pollution prevention, control and management:

(h) Monitor and evaluate the implementation of all laws relating to the reguia-
ton and contro! of activities that have an impact of the maintenance of a wholesome
natural environment, undertake or recommend necessary measures thereon

(i) Design, establish and implement a combined system of ratural
resources fees pollution charges, fines and penalties linked to an operating prin-
ciples that the use or polluter shall bear responsibility for payment, and creating the
Necessary incentives to abate. reduce. neutralize, recycle, re-use or otherwise minimize
oF prevent pollution;

() Develop a cost-effective environmental information system to support re-
‘search and information dissemination campaigns;

(k}__ Prepare annual environmental status reports to be submitted to the Presi-
dent and Congress;

()__ Conduct information dissemination, education and traming programs relat-
tng to environmentat protection. poltution prevention, control and management

im} Promote cooperation and encourage greater people participation and pri-

vate initiative in environmental protection, pollution prevention, control and man-
agement.
in) _ Organize the most appropriate implementing mechanism relative to the

performance of its mandated powers and funchons

{0} Adapt. prescribe and promulgate rules and regulations governing the pro-
cedures of the Authority with respect to hearings. the filing of eports, the issuance
and‘or review of all permits and other rules and regulations for the proper implementa-
tion and enforcement of this Act,

{p)__ Consult or seek assistance from appropriate agencies or instrumentaiities
for the purpose of enforcing this Act; and

iq) Deputize or request the assistance of appropriate government agercies
or mstrumentalities for the purpose of enforcing this Act and its implementing rules and
fegulations as well as the orders and decisions of the Authority

Section 5. General Corporate Powers of the Authority. — The Authority shall
have the foltowing powers

1. To have continuous succession under its corporate name until expiration
hereunder or otherwise provided by law:

2. To prescribe its by-laws not inconsistent with this Act;

3° To adopt a seal and alter it at rts pleasure, which shail be accorded judicial
notices;

To sue and be sued;

To enter into contracts

To lease or own real of personal property and to sell or otherwise dispose of

the same; and

ans


7 To do and perform any and all things that may be necessary or proper carry
‘out the purpose of this Act

Section 6. Place of Business. - The Authority shall establish its principal office in
Metro Manila but may establish and maintain field offices, branches. subsidiares. or
other units as may be necessary to administer its responsibilities. It may reorgan-ze or
abolish the same as it may deem proper. Provided, that there shall be at least one
branch in every administrative region of the country

Chapter Itt
Financing

Section 7. Capitalization and Financing. — The capital of the NEMA shall b One
bitllon pesos (Php1,000,000,000.00). to be fully subscribed by the Goverment of the
Republic, hereafter referred to as the Govemment, Two hundred million
¢Php200,000,000 00) of which shall be fully paid for by the Government upen the
effectivity for this Act and the balance to be paid for within a period of five (5) years
from the effectivity of this Act. in such manner and form as the Government, through the
Secretaries of Finance and Budget and Management may thereafter recommend for
appropriation

Section 8. Loans. Credits and Other Forms of Indebtedness. — The Authority
may contract ioans, credits and other forms of indebtedness when essential to the
proper administration of its corporate affairs or necessary for the proper transaction of
its Business or to carry out its purpese.

Section 9. Bonds and Other Long-Term Securities, - Subject to the rules and
regulations of the Bangko Sentral ng Pilipinas and the Securities and Exchange
Commission, the Authority is hereby authonzed to issue bonds. debentures. securities
erals, notes and other obligations to finance self-jiquidation projects.

Section 10. Exemption from Taxes. — The Authority shall be exempt from afl
taxes. licenses. fees and duties, incidental to its operations. This exemption shall ex-
tend to its subsidiaries All notes, bonds. debentures and other obligations issued by
the Authority shall be exempt from all taxes both as to the principal and interest

Any donation, contribution, bequest. subsidy or financial aid which may be made
to the Authority shail be exempt from estate or gift taxes, subject to the conditions pro-
vided under the National Interal Revenue Code. as amended.

Section 11 Regulatory Fees. - The Authority may impose reasonable fees for
the issuance of permits and for periodic monitoring and inspection of pollution cont’o! or
waste collection. processing or disposal facilities.

Section 12. Compromise Agreement. ~ The Authority may compromise
condone, of release in whole or in part. any claim of or settled hability to the NEMA.
regardless of amount involved, under such terms and conditions as may be prescribed
by the Board of Trustees to protect the interest of the Authority


Chapter IV
Organization

Section 13. Board of Trustees. — The corporate powers shall be exercised. all
business conducted and all property of the Authority controlled and held by the Board of
Trustees to be appointed by the President

The Board of Trustees shall be composed of the following members
a) Director General of the Authority, Chairman
b) Secretary of Heaith;
¢) Director General of the National Economic Development Authority
d) Secretary of Labor,
€) Secretary of DENR,
fy) Ten (10) members representing the following sectors:
(1) Three (3) from industry
(2) Three (3) from environmental non-government organization or
people's organizations:
{3) Two (2) from the academe or professional groups involved in environ-
mental protection, and
(4) Two (2) from the labor sector

The private sector representatives shali be appointed by the President form
among the recommendees of the respective sectors.

Section 14 Organizalion - The Authority shall be organized as follows:

(1} Office of the Director General:

(2) Office of the Deputy Director Genera
(3) Administrative and Finance Division:

(4; Pubhe Affairs Division:

(5) Legal Division; and

16) Environmental Adjudication Commission

The Staff offices shall be follows:

1) Environmental Planning Office.

2} Environmental Research Office

3) Environmental an¢ Management Information System Office;
4) Environmental Education and Training Office; and

5) Environment Regulations Office

Secton 15. Director General. — The aulhority and responsibility for the
Implementation of the Authority's mandate shall be vested in the Director General
for Environmental Management He shall be appointed by the President of the Pnitip-
pines with the consent of the Commission on Appointment, and shall enjoy the status.
rank and compensation equivalent to that of a cabinet secretary


Chapter V
Environmental Adjudication Commission

Section 16. Environmental Adjudication Commission. — The Pollution Adjudica-
tion Board {PAB} created under Executive Order No. 192 shail be transferred and at-
lached to the NEMA, but only for program and policy coordination. The PAB shall be
recognized into the Environmental Adjudication Commission (EAC) in accordance with
this Chapter

Section 17. General Jurisdiction — The EAC . with a regional structure as herein
prowded shall have original and exclusive jurisdiction to decide cases under RA Nos.
8749, 6969 and $003. ( the Ciean Water Act). Presidential Decree No. 1586, and other
special laws on pollution

Section 18. Composition of the Environmental Adjudication Commission. — The
EAC shall be composed of the following
a) Director General of the Authority - Chairman;
b) Deputy Director General
¢) Director of the Environmental Regulation Office:
d) Director of the Environmenta! Research Office:
€) Chief of the Legal Division: and
f) Ten (10) members representing the following sectors

(1) Three (3} from industry

(2) Three (3) from environmental non-government organizations o-
people's organization:

(3) Twa (2) from the academe or professional groups involved in
environmental protection: and

(4) Two (2) from the tabor sector

‘The private sector representatives shall be chosen by the President from a list
of nominees submitted by the respective sectors and endorsed by the Director General.

Upon assumption into office, the members nominated by the sector shalt dvest
ihemseives of any affiliation with the association they belong

Section 19, Procedure in the EAC — The Commission may sit en bane or in five
diasicns each composed of three members. The Commission shall sit en banc ony for
Purposes of promulgating rules and regulations governing the hearing and disposition
of cases any of Its divisions and regional branches and formulating policies affecting its
administration and operations. The Commission shall exercise its adjudicatory ana
other powers, functions and duties through its division. Of the five divisions, the First
and Second shall handle cases coming from the National Capital Region and the Third.
Fourth and Fifth divisions, cases from other parts of Luzon, Visayas and Mindanao

The concurrence of two (2) Commissioners of a division shall be necessary for
the pronouncement of a judgment or resolution. Whenever the required membership in
a drasion is not complete and concurrence of two (2) Commissioners to arrive at a
judgment or resolution cannot be obtained, the Chairman, shall designate a numbe- of
additional Commissioners from the other divisions as may be necessary

6


The conclustons of a division on any case submitted to it for decision shall be
reached in consultation before the case is assigned to a member for the writing of the
epinon It shall be mandatory for the division to meet for purposes of consultalion or-
dainéd herein. A certification to this effect signed by the Presiding Commissioner of the
deaston shail be issued and a copy thereof attached to the record of the case and
served upon the parties.

The Chairman shall be the Presiding Commissioner of the first division and the
isur 4} other members from the publiz sector shall be the Presiding Commissioner of
the second. third, fourth and fifth divisions. respectively, In case of the effective
absence or incapacity of the Chairman. the Presiding Commissioner of the second
diviston shall be Acting Chairman

The Chairman, aided ty the Executive Clerk of the Commission. shall have
administrative supervision over the Commission and its regional branches and all its
Fersonnel. including the Executive Environmental Arbiters and Environmental Arbiters

The Commission, when sitting en bane, shall be assisted by the same Executive
Clerk and when acting through its Divisions. by said Executive Clerk for its Divisions. by
said Executive Clerk for the first Division and four (4) other Deputy Executive Clerks for
the second. thitd, fourth and fifth divisions. respectively, in the performance of such
similar or equivalent functions and duties as are discharged by the Clerk of Coutt and
Depuly Cterks of Court of the Court of Appeals.

Section 20. Headquarters, Branches and Provincial Extension Units. - The Com-
ayssion and its First, Second and Third Divisions shat! have their main offices in Metro-

politan Manila, and the Fourth and Five Divisions in the cities of Cebu and Ca.
gayan de Oro, respectively The Commission shall establish as many regional branches
as there are regional offices of the Authority. sub-regional branches or provin-

cial extension units. There shall be as many Environmental Arbiters as may be
nacessary for the effective and efficient operation of the Commission. Each regional
dranch shall be headed by an Executive Environmental Arbiter.

Section 21. Powers and Functions of the Environmental Adjudication Commis-
sions, - The EAC shall have the following powers and functions

a) Hear and decide all cases falling within its original jurisdiction

b) Issue orders and decisions to compel compliance with this Act. related
environmental and pollution control laws and their implementing rules and
regulations:

c) Make, alter or modify orders requiring the discontinuance of environmental
degradation or pollution specifying the conditions and the time within which such
discontinuance must be accomplished.

d) Serve as arbiter for the determination of reparations or restitution cf the
damages and looses resulting from environmental degradation or pollution

2) Deputize in writing or request assistance of appropriate government
agencies or instrumentalthes for the purpose of enforcing its decisions:

f)_ Issue an ex parte order directing the discontinuance of pollution or wastes. or
the temporary suspension or cessation of operation of the equipment, project or ac-
uwity and other acts causing environmental degradation, generating such pollutants
of wastes, without the necessity of a previous public hearing. Provided, that such ex
parte order shall be issued only in case of imminent danger te life or property.

7



The x parte order shall be immediately executory and shall be effective for thirty
130) days from the date of issuance. The EAC shail immediately conduct a heanng
to determine whether or not to issue a temporary lifting or temporary closure icease
and desist) order pending compliance with environmentat and pending compliance
with the requirements of laws and regulations. Ex parte orders may be lifted pending
compliance with the compliance of faws and regulations. Provided, further . that the
respondent shall submit: aja commitment or undertaking under oath to comp-y with
the standards and drscontinue the pollutive discharges within a specific penod of
time b} a bond, gurantee or surety to ensure compliance; and ¢) a detailec good
process of installing permanent pollution contro! devices, measures and processes
Provided, finally, that no lifting of issued Ex Parte Closures and Cease and Desist
Orders may be issued if the pollutants being dischared are classified as toxic and
hazardous: and

g} Exercise such powers and perform such other functions as may be
necessary to carry out its duties and responsibilities under this Act.

Sechon 22. Qualifications of Members of the EAC. — A member of the EAC must
be a citizen of the Philippines and must possess proven competence in field
related to environmental protection. The Environmental Arbiters sha! be
Members of the Philippine bar and must have been engaged in the practice of law in
the Philppines for at least seven (7) years. with at least three (3) years experie-ce or
exposure in the field of natural resources or environmental law.

Section 23. Tenure and Removal of Members — The Chairman and the other
Commissioners, the Executive Enwronmentai Arbiters and Environmental Arbiters
shall hold office in good behavior until they reach the age of sixty-five years. unless
sooner removed for caused as provided by faw or become incapacitated to
discharge the duties of their office.

Members from the private sector shall serve for three (3) years.

A member of the EAC may be removed from office, by the order of the proper
court, on any of the following grounds

a) Culpable violation of the Constitution:

b) Dishonesty. oppression, misconduct in office, dereliction of duly. or gross
negligence:

ci Commission of any offense involving moral turpitude or an offense
punishable by imprisonment; and

J) Unauthorized absence for three (3) consecutive meetings

Section 24. Meetings and honoraria. — The EACs shall meet at least four (4)
times a month Each member shall receive an honorarium of a t least One thousand
Besos (P1 000.00) per meeting attended Honoraria shall be sourced from the funds
of the Authority and the rates for honoraria may be increased through a resolution of
the Authority's Board of Trustees.

Section 25. The Laguna Lake Aulhority (LLDA) as 2 Special EAC. — The LLDA
shalt exercise the same powers and functions and follow the same rules of procedure
as @ Special EAC Division within its territorial jurisdiction under Executive Order No.
927. until such time that it shall have been dissolved, in accordance with Sec. 41

g


heraof Thereafter, all conflicts shall fall under the jurisdiction of the prope- EAC
division.

Section 26. Filing of Actions. - Any person may file a written complaint. under
cath, with the EAC against any person who has violated laws under the EAC s jurs-
diction. Provided, that no complaints shall be entertained three (3) years after the oc-
currence of discovery of the incident complained of. Provided, further. that when ils
found that the action filed is baseless and malicious, he shall be fined an amount of
not exceeding One hundred thousand pesos (P100,000 00).

Section 27. Administrative Fines and Penalties. — The EAC may impose an
administrative fine of from Fifty thousand pesos (P50,000,00) to not more tha~ One
million pesos (1,000.000.000.00) for each violation of emission or effluent standards
and Fifty thousand pesos (P§0,000.00) for other violations. Provided. that in all cases
where the violations of emissions or effluent standards is continuing. the
penalty shall be imposed for every day that the discharge continues

Section 28. Appeals. — Any decision. order or judgment of the EAC shall become
final and executory fifteen (15) days after receipt of said decision, order or judgment

The decision or order of the EAC may be reviewed by the Supreme Court on
Certiorari provided for under the Rule of Court

Section 28. Execution of Decisions. — Atl decisions of orders of the EAC after
the same has become final and executory, shall be enforced and executed in the
same manner as the decisions of the Regional Tnal Courts. The Commissior shall
have the power to issue to the City of Provincial Sheriff or duly constituted authorities
whom i may appoint, such writs of execution as may be necessary fc” the
enforcement of such decision or order

The EAC shall have the power to seize or confiscate personal property. or
impose a levy on feal property of the violator to satisfy the fines owing to it Such
property shall he sold at public auction by the Sheriff

Any person who shall fail or refuse to comply with such decision. order o* writ
after being required to do so shall, upon application by the EAC, be punished by the
proper court for indirect contempt

Section 30. Lien Upon Personal and Immovable Properties of Violators. — Fines
and penalties imposed pursuant to the provisions of this Act. upon application by the
FAC before the proper Regional Trial Court, shall constitute as a lien upon personal
and immovable properties of the violator. Such len shall in case of insolvency of
respondenl, enjoy preference subsequent to labor's wagers under Article 2247 and
2242 of Republic Act 386, otherwise known as the New Civil Code.


Chapter VI
Staff and Field Offices

Section 31. Environmental Planning Office. — The Environmental Planning
Office. which shall be headed by a Director and assisted by an Assistant Drector
shall absarb the planning functions of the Environmental Management Bu-
reau (EMB) of the Department of Environment and Natural Resources (DENR)}. As
such it shal) have the following functions

{1} Formulate comprehensive. multiyear action plans for _ratural
resource conservation. environmental protection and pollution contral to be endorsed
to NEDA for adoption into the national development plan;

(2) Coordinate the implementation by the public and private sectors of the
NEDA-adnpted multi year plan for natural resource conservations, environmental
protection and pollution control:

(3) Review, analyze and evaluate existing as well as proposed environmentat
protection and pollution control policies. plans programs and projects;

(4) Prepare an annual environmentat quality status report to be submitted to
the President and to Congress;

(5) Conduct post-audit studies of environmental impact assessment prepared
i accordance with Presidential Decree no. 1586;

(6) Provided planning support serves to the field offices of the Authority in
order to ensure their efficient and effective operation; and

(7) Perform such other functions as may be assigned by the Dyector
General

Section 32. Environmental Research Office. - The Environmental Research Of-
fice. which shall be headed by a Directed and assisted by an Assistant Director shalt
absorb the environment research functions of the EMB of the DENR. As such. the
Office shail have the following functions

(1) Formulate and recommend to the Authority environmental quality
standards (for water, air, Land, noise, radiation, etc.) and environmental manage-
ment guidelines for gaseous. liquid. solid as well as toxic and hazardous wastes

(2) Formulate and recommend and integrated research program pertaining to
air water and land pollution. including research into environmentally sound technolo-
gies and pollution contzol technologies and conservations;

(3) Conduct research studies on specific environmental problems such as soil
erosion and deforestation, among others:

(4) Provide research laboratory services supportive of the Authonty’s
exercise of regulatory functions such as standard setting and environmental
permitting activities:

(5) Provide esearch support services to the field offices of the Authosity in
order to ensure their efficient and effechve operation.

(6) Perform such other functions as may be assigned by the Director General

Section 33. Enwronmental and Management Information System Offi

Tne Environmental and Management Information System Office, which shall be headed

by a Directed and assisted by an Assistant Director, shail be primarily responsible for

the design establishment and operation of an environmental and management

information system, including data bank development based on geographic information

gleaned from periodic environmental surveillance, reconnaissance and monitoring
Mn



activities utilizing complementary technologies such as aerial photography and other
remote sensing systems.

The Office shall absorb the information. systems management functions of the
EMB of the DENR, relative to natural resource conservation and environmental
protection

Section 34 Environmental Education and Training Office. — The Environnentai
Education and Training Office, which shall be headed by a Directed and assisted by an
“ssistant Director, shall be primarily responsible for the conduct of environmental
éJucation and training programs relating to natural resource conservation and the
protection and management of the environment. Said main objective of the programs is
to increase the awareness of the people regarding environmental issues and problems.
1 shall include a "behavioral change and value formation’ component aimed at altering
polluter behavior and inculcating the environmental ethic of stewardship and the wirtue
of sustainable development.

The Office shall absorb the environmental education functions of the EMB of the
DENR

Section 36. Environmental Regulahons Office - The Environmental Regulations
Office shall be headed by a Directed and assisted by an Assistant Director. It shall have
the foltowang functions

{a} Design. establish and institutionalize a unified environmental permit and i-
cansing system (covering the regulatory areas of pollution contol land use plan.
n:ng/zoning and environmental impact assessment) in order to simplify and rationalize
the processing of enwironment-related permits and licenses (such as the authority to
construct permit to oparate, locational clearance issued by the Housing and Lana Use
Regulatory Board and the Environment compliance certificate);

tb} Review, analyze and evaluate pertinent technicallegal documents pertaining
to environmental permitting/licensing in order to determine the environmental accept-
ability andior soundness of programs. projects and activities that might significantly
affect the environment,

{c} Perform investigate and monitoring functions to ensure the comphance of
proponents to the Authority's rules and regulations:

(d) Initiate proper legal actions and proceedings such as the prosecution of
violations of the Authority's rules and regulations and/or the cancellation of
environmental permit of license taking into account due process;

(e} Attend to appeals and complaints from the public and parties affected by the
Authority s orders and decisions as they relate to natural resource conservation and
environmental protection;

(#) Assist the technical support offices of the Authority in translating researc and
technical findings into legal and policy form (such as guidelines, orders. rules and
regulations etc.) and,

(g) Perform such other functions as may be assigned by the Duector General

Section 36. Field Offices of the Authority — Field offices of the Authority shall be
established in the fourteen (14) administrative regions of the country. Each regional of-
fice of the Authority shall be headed by a Regional Director, to be assisted by an
Assistant Regional Director. Both the Regional Director and the Assistant Regional
Director shall be Career Executive Service Officers or shall possess equivalent
quahfication

uM


The regional field offices of the Aulhority shall be located in the country’s
regional capitals {t shall have the foslowing functions:

4) Implement natural resource conservation and environmental protection laws
as well as policies, plans, programs. projects and rules and regulations of the Authority
19 order lo achieve the objective of sustainable development in the countryside

2) Provide for the efficient and cost-effective delivery of the Authority's services
to the people:

3} Coordinate with regional offices of other departments, offices. agencies in the
regional and locat government units in the enforcement of natural resource conserva-
ton and environmental protections law.

4) Recommend and, upon approval. implement projects on natural resource con-
servation and environmental protection

5) Conduct natural resource assessment and environmental surveriance.
reconnaissaneé and monitoring in the region and formulate regional action plans for
fatural resource conservation and environmental protection

6} Conduct appropriate field research supportive of the Authority's policies.
plans, programs and projects;

7+ Respond to appeals, complaints and queries from the public regarding natural
resource Conservation and envivonmental protection: and

8) Performs such other functions as may be assigned by the Director General

Chapter vit
Other Provisions

Section 37. Relations with People's and Non-Governmental Organizations —
The Authority shall promote the establishment and operation of people's and
Acn-governmental organizations to become active partners in the conservation of the
natural resources and protection of the environment

The Authority may enter into joint ventures an such other cooperative arrange-
ments with peopie’s and non-governmental organizations to engage in projects
designed to promote and maintain ecological batance, it may also provide assistance
financial or technical, to such peoples and non-governmental organizatiors for
environmental projects to be implemented within the country

Section 38. National Environmental Protection Fund (NEP Fund). — There 1s
hereby created a National Environment Protection Fund (NEP Fund) to be admin’stra-
tive by the Authority. To finance the said Fund. the fotlowing shall be imposed:

(a} A national environment protection fee in an amount equivalent to ten percent
£16:41 of the total fees charged, but not more than One hundred pesos (P100 031 for
avery business or non-business permit or license issued by the govemment.

{b) An allocation equivalent to ten percent (1 (0%) of the total unclaimed bank bal-
ances escheated in favor of the State under Republic Act No. 3936, as amended (Un-
ciaimed Balances Law).

Proceeds form penalties prescnbed in natural resource conservation and
environmental protection laws and other penalties imposed by the Authority shal. also
accrue to the NEPFund:


The NEPFund may be augmented by grants, subsides, and donations from other
gcvernment sources or provate grantors or danors; and

The NEPFund shali be administered for the purpose of financing adequate.
suitable and appropriate measure to promote natural resource conservation and
improve environmental quality

Chaper VIII
Final Provisions

Section 29 Appropriations. — To carry out the provisions of this Act. there is
sum of Iwo hundred million pesos {P2000,000.000.00) as initial capita of the
Authority. The succeeding appropriations for the balance of the Authority's capitai shall
te included in the annual General Appropriations Act for the fiscal years immeziately
jotlowing the effectivity of this Act.

Section 40. Transitory Provisions. ~ All offices, bureaus, agencies and divisions
herein manetioned to be absorbed by the Authority shall cease, and their functions.
including their appropriations, funds. records. equipment, facilities, rights. other assets
and personnel shall be transferred to the Authority within "120 days after the effectivity
of this Act Its liabilities, if any, shall be treated m accordance with the government
auditing code and other pertinent laws, rules and regulations.

Section 41 Dissolution of the Laguna Lake Development Authority. - The | a-
guna Lake Development Authority, created under Republic Act No. 4850, as amended
shall be dissolved within one (1) year from the effectivitiy of this Act, in as much as it
exercises the same functions as the Authority. Provided, that the LLDA shall conti~ue to
@xist as body corporate for three (3) years after dissolution for the purposes of prose-
cutng or defending suits by or against it and enabling it to settle and close its at.
fas to dispose and convey its property and to distribute its assets, but not for the pur-
pose of continuing the business for which it was established.

Nevertheless, ail government interests in the LLDA shall immediately accue to
the Authonty, which shalt exercise all nghts of the Government as stockholder of the
LLOA. All assets distributable to the Government as a result of the dissolutior shall
accrue to the Authority.

Section 42. Repealing Clause. - All acts decrees, general orders, letters of in-
‘struction, regulations and circulars. or parts thereof inconsistent with any provisions of
this Act are hereby repeated or modified accordingly

Section 43. Separability Clause — If. for any cause. any part of this Act $ de-
¢lared unconstitutional the cest of provisions shall remain in force and effect

Section 44 Effectivity. — This Act shall take effect upon approval

Approved