Prevention And Control Of Marine Pollution

Case Overview and Summary

Summary of Presidential Decree No. 600 (Marine Pollution Decree of 1974)

Prevention and Control of Marine Pollution
- Section 2: Declares a national policy to prevent and control pollution of seas by dumping of wastes that create hazards to human health, harm marine life, damage amenities, or interfere with legitimate uses of the sea within Philippine territorial jurisdiction.

Definitions (Section 3):
- "Discharge" includes spilling, leaking, pumping, pouring, emitting, emptying or dumping.
- "Dumping" means deliberate disposal at sea of wastes from vessels, aircraft, platforms or structures, excluding normal operations and seabed mineral resource exploitation.
- "Oil" includes petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes.
- "Ocean Waters" means marine waters other than territorial sea and inland waters.
- "Public Vessel" means a vessel owned or chartered by the Philippine government or a foreign nation, except when engaged in commerce.
- "Tank vessel" means a vessel constructed or converted to carry liquid bulk cargo in tanks.
- "Tank barge" means a tank vessel without self-propulsion.
- "Vessel" means any watercraft used for transportation on water.
- "Person" includes individuals, partnerships, corporations, associations, owners, masters, officers or employees.

Prohibitions and Penalties:
- Section 4: Prohibits throwing, discharging or depositing refuse matter into navigable waters or tributaries, with exceptions for public works and permitted activities. Violation is punishable by a fine of at least P5,000, imprisonment of up to 1 year but not less than 30 days, or both.
- Section 5: Prohibits discharge of oil, noxious liquid substances and other harmful substances into territorial and inland waters, except in emergencies or accidents. Violation is subject to the same penalties as Section 4.
- Section 6: Vessels discharging oil or harmful substances are liable for the specified penalty, and clearance may be withheld until the penalty is paid. The penalty constitutes a lien on the vessel.
- Section 7: Requires immediate notification to the Philippine Coast Guard of any accidental oil or oily mixture discharge, with details on the vessel, location, type and quantity of oil spilled, weather conditions, and cause. Failure to notify is punishable by a fine of P10,000 or imprisonment of up to 6 months but not less than 30 days. The owner or operator may be liable for clean-up costs.

Regulations and Enforcement:
- Section 8: Authorizes the Philippine Coast Guard to prescribe rules and regulations on vessel design, equipment, oil transfer procedures, operations, communications, supervision, testing and inspection.
- Section 9: Requires the Philippine Coast Guard to develop an adequate capability for containment and recovery of spilled oil, with an initial appropriation of P2 million for equipment procurement.

Repealing Clause and Effectivity:
- Section 10: Repeals or modifies any inconsistent laws, rules and regulations.
- Section 11: The Decree takes effect immediately.