Title
Marine Pollution Decree of 1976
Law
Presidential Decree No. 979
Decision Date
Aug 18, 1976
The Marine Pollution Decree of 1976 aims to prevent and control pollution in Philippine waters by prohibiting the discharge of harmful substances and imposing penalties for violations, with enforcement responsibilities assigned to the Philippine Coast Guard and the National Pollution Control Commission.

Scope and Applicability

  • The decree applies to all territorial and inland navigable waters of the Philippines.
  • It regulates discharges and dumping from vessels, aircraft, platforms, or other man-made structures at sea.

Definitions of Key Terms

  • "Discharge": Includes spilling, leaking, pumping, pouring, emitting, emptying, or dumping, excluding effluents from industrial or manufacturing establishments.
  • "Dumping": Deliberate disposal at sea or navigable waters of wastes or other matter from vessels or man-made structures, excluding regulated routine discharges and effluents under certain laws.
  • "Oil": Includes petroleum, fuel oil, sludge, oil refuse, and mixtures with wastes other than dredge spoil.
  • "Navigable Waters": Includes territorial sea and inland waters usable by watercraft.
  • "Vessel": Any watercraft or artificial contrivance used or capable of being used for transport on water.
  • "Person": Natural or juridical persons with legal rights and obligations.
  • "Refuse": Includes garbage, waste, residues, chemicals, and other substances excluding sewage and industrial wastes that cause pollution.

Prohibited Acts Regarding Marine Pollution

  • Discharging, dumping or permitting discharge of oil, noxious gaseous/liquid substances, and other harmful substances from ships, vessels, or structures at sea into Philippine waters is unlawful, except in emergencies or if permitted by law.
  • Throwing or depositing refuse matter from vessels, shores, wharfs, or establishments into navigable waters is prohibited.
  • Depositing material on banks likely to be washed into navigable waters causing obstruction to navigation or pollution is unlawful.

Responsibilities of Government Agencies

  • The National Pollution Control Commission (NPCC) is primarily responsible for promulgating national rules and policies on marine pollution.
  • NPCC regulates discharges including effluents from certain establishments as per Republic Act No. 3931.
  • The Philippine Coast Guard (PCG) promulgates rules aligned with NPCC policies for effective enforcement and may permit certain deposits with NPCC concurrence.

Enforcement and Inter-Agency Coordination

  • PCG has primary enforcement responsibility for marine pollution laws and regulations.
  • PCG and NPCC shall coordinate enforcement efforts and may seek assistance from other government agencies.

Penalties for Violations

  • Violations of prohibited acts or related regulations incur fines from PHP 200 to PHP 10,000, or imprisonment from 30 days to 1 year, or both, per offense.
  • Offending vessels may have port clearance withheld until fines are paid.
  • PCG may impose administrative penalties to aid enforcement.

Establishment of Containment and Recovery System

  • PCG must develop capabilities to contain and recover spilled oil in inland waters and high seas.
  • An initial budget of PHP 5 million is appropriated for equipment procurement, with future appropriations included in the PCG budget.

Repealing Clause

  • All laws, rules, and regulations inconsistent with this decree are repealed or modified accordingly.

Effectivity

  • The decree takes effect immediately upon issuance.

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