Law and governance in golf courses a cross national comparison of environmental frameworks, industry norms and sustainability practices in the philippines, thailand, viet nam and singapore title page

LAW AND GOVERNANCE IN GOLF COURSES
A Cross-National Comparison of Environmental Frameworks, Industry Norms and
Sustainability Practices in the Philippines, Thailand, Viet Nam and Singapore
















EDNA SELLORIQUEZ PANA
(PhD Candidate 2013)

A THESIS SUBMITTED FOR THE DEGREE OF
DOCTOR OF PHILOSOPHY
FACULTY OF LAW
NATIONAL UNIVERSITY OF SINGAPORE
2013




ii
Acknowledgements

I would like to dedicate this dissertation to the two most influential persons in my life - my
father, Emilio Henry Fernandez Pana Sr. (1932-1989), who made me plant trees, grow
vegetables, identify plants, swim rivers and climb hills in a tiny, rustic village where I grew
up in South Cotabato, Philippines, and generous benefactor-employer, Tsutomu Muguruma,
who helped me achieve higher educational pursuits while working at the same time and for

giving me absolute authority and independence in managing and “experimenting” the
transformation of TAT Filipinas Golf Club into what it is today, a “Sustainable Golf Course”
– beautifully re-designed and molded from what I have learned and unlearned in the process
of my doctoral studies.

This paper is probably the first academic research and legal scholarship in the world
involving law and governance in golf courses. Dr. Martin Lau (SOAS), University of London,
encouraged me to write about golf courses as a doctoral research paper. Associate Professor
Lye Lin Heng (NUS) assisted me in making the first brave steps in unraveling the intricacies
of international environmental law, the nuances of legal transplantation and its subsequent
domestic implementation. Professor Koh Kheng Lian mentored me about the importance and
relevance of ASEAN environmental law in my research.

Thanks to my graduate research mentors, Professor Andrew Simester and Professor Alan Tan
Khee Jin. My teachers: Environmental law, Malgosia Fitzmaurice (Queen Mary); Law and
Governance, Andrew Harding (NUS); Water Policy, Asit Biswas (LKYSPP); Environmental
Policy, Shreekant Gupta (LKYSPP). Thanks for the friendship of Prof. Helena Whalen
Bridge (NUS) and especially to Associate Professor Eduardo Araral (LKYSPP) who
reviewed my draft thesis, giving comments and criticisms.

Deepest gratitude to all for sharing their expertise, knowledge and experiences in golf course
development and operation, namely; Rodney McKeown (Kranji Sanctuary), Desmond Chua
(Keppel), Ian Gray and Michael Cabel (New Warren), Junie Ledesma (Sta. Elena), T.W.
Hughes (Dalat Palace), Kenny Saunders (Ocean Dunes), Robert Bicknell Jr. (Tam Dao), Ben
Styles (Chi Linh Star), Jonathan Smith (GEO), Howard Swan, Dr. Niddhi Bijaisoradat
(ProCrop) and Dr. Micah Woods (Asian Turfgrass Centre). My utmost gratitude to Mr.
Duong Quoc Xuan, Provincial People’s Committee Chairman of Long An Province, Viet
Nam, Ai Hammond (Vietnamese translator), NUS student Mai Anh, and former classmate in
London, Huong Hoang for her invaluable assistance and support in Viet Nam. Also to Dr.
Michael Hurdzan, Dana Fry, Jason Straka and Chris Hurdzan of Hurdzan and Fry

Environmental Architects for the Ohio and Wisconsin research. Great thanks to Emmie
Ruales and Gino Mangosing, NWRB, Philippines; Elsie Cesar, DENR-EMB, Philippines and
Efren V. Leano and Corazon Dichoso-Halili, BOI, Philippines. Raweewan Bhuridej, MNRE,
Thailand; Sunee Piyanpanpong, PCD-MNRE, Thailand, Thi Bich Ngoc, MPI, Vietnam and
Le Hoai Nam, EIA-MNRE, Viet Nam.

I also thank my classmate and good friend Haijing Cao and her husband William, for
providing comfort when the going gets tough. I thank Rahayu Oktoberina, for her sweet smile
and friendship, and to Miss Normah Bte Mahamood for the laughter and wonderful
conversations about family and food. And most of all, to my foot soldiers - staff and
managers of TAT Filipinas Golf Club - Jose P. Dagdagan, Engr. Rey Sumalnap, Randy
Casupang, Ian Sunga and those who have supported me in achieving my goals and keeping
with the demands of my research work. To my loyal Executive Assistant, Emma M. Chiyuto,
who helped me in my Viet Nam visits from Ho Chi Minh to Hanoi, and Office Assistant,
Anna Camacho for assisting me in my Thailand research - I owe you my safety and
endurance on those trips. I express gratitude to my childhood friend Grace Balayon Waga for
the technical aspect of computer troubleshooting.

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I greatly thank my sisters Emilyn, Elsie and Eva, brother Emilio Jr. and nephews Christian,
Dave Carl and Christian Alnie, thank you for the love and support. To my best cousin, Gladys
Reconquista-Bayot and her husband Jay, and kids Keila Christiene, Joaquim Samuel and
Quentin Ike, for the beautiful environment in Chicago House where I was able to write the
finishing touches of my thesis.

A heartfelt gratitude to Dr. Annette Salillas, for the wonderful days in her glass house in
Amara, Cebu, where I did the final revisions of this dissertation. The enchanting view of the
Mactan Channel made writing easy and smooth. UK colleague and Cebu Professor Miss
Lourdes Montenegro and childhood friend Gemma Subaldo Delima accompanied me in my
furlough and writing expedition in Cebu.

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TABLE OF CONTENTS

Title Page
Acknowledgments
Table of Contents
Summary
Main Body of Thesis
Bibliography
Appendices “1” to “40 “
Tables 1-24
Locational Plotting of Golf Courses, Maps “1”-“4”
Charts “1” -“2”

Page

CHAPTER I INTRODUCTION

1.1 Background of the Research…………………………………………………… 1
A. Sustainable Development……………………………………………………………. 5
B. Law and Governance………………………………………………………………… 6
C. Gap in Legal and Academic Literature ………………………………………………8

1.2 Research Scope, Aims and Hypotheses…………………………………………….9
Hypothesis 1……………………………………………………… ………………………. 10
Hypothesis 2……… ………………………………………………………………………. 11
Hypothesis 3…… ………………………………………………………………………… 12

1.3 Case Selection, Case Studies and Methodology…… ……………………………13
A. General Approach to Research…………………… ……………………………… 13
B. General Approach to Analyses……………… …………………………………… 14
C. Field Work, Personal Interviews and Secondary Data……………… …………….14
D. Choice of Jurisdictions for Comparison ………………………………………… 15
E. Relevant Features of Subject Countries ………………………………………… 24
Table 1.1 Comparative Summary of Features of Golf Courses and the Subject
Countries ………….……………………………………………………………. 26
F. Legal Systems in the Philippines, Thailand, Viet Nam and Singapore….………… 26
G. Case Studies………………………………………………………………………. . 28
H. Limitations of the Research…………………………………………………………28

1.4 Overview of the Conceptual Framework……………………….………………. 29
Chart 1 Flow Chart of the Conceptual Framework of Dissertation……………………… 30

1.5 Significance of Research……………………………………………… …… … 31

1.6 Organization of the Dissertation….……………………………………… …… 31

CHAPTER II LAW AND GOVERNANCE IN GOLF COURSES:
FRAMEWORK FOR ANALYSES

PART I GOLF COURSES AND THE ENVIRONMENT

1.1 Introduction……………………………………………………………………… 33
A. Parts of the Golf Course……………………………………………………………. 35
Table 1.2 - Parts of the Golf Course………………………………………………….…… 35

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B. Use of Hybrid Turf grasses in Southeast Asia……………………………………… 35
Table 1.3 - Use of Turf Grasses…………………………………………………….………. 37

1.2 Impacts and Consequences of Golf Courses……………………………… … 38
A. Impact of Development …………………………………………… …………… 38
Table 1.4 - Water Requirements for 18 Holes Golf Course ……………………….……… 39
Table 1.5 - Summary of Total Water Requirements for 18 Holes Golf Course ….…… 40
Table 1.6 - Chemical Requirements for 18 Holes Golf Course…………………….……… 41
Table 1.7 - List of Chemicals Applied by Warren Golf Club, Singapore…………… ….…41
Table 1.8 - List of Chemicals Applied by TAT Filipinas Golf Club, Philippines…………. .42
Table 1.9 –Sand Requirements for 18 Holes Golf Course……… ….…………………… 43
Table 1.10 - Summary of All Requirements….………………………………. …………… 44
B. Impact on the Social Environment…………………………………….…………. 44
C. Economic Impact…………………………………………………………………. 45

1.3 Stages of Golf Course Development and Operation……………………………. 46
Table 1.11 - Stages of Golf Course Development and Operation……….………………… 46

1.4 Maintenance and Operation of Golf Courses……………………… …………. 46
Table 1.12 - Turf Maintenance Activities…………………………………………….…… 47
Table 1.13 - Manpower Requirements…………………………………….…………….…. 48
Table 1.14 - Desired Number of Equipment, Machineries, Tools for
18 Holes Golf Course……………………………………………… 49

1.5 Feasible Recommendations…………………………………… ……………… 49


PART II LITERATURE REVIEW

1.1 Literature Review………….………………………………………………… … 50
Table 1.15 Summary of Existing Literature About Sustainable Golf Courses………… … 51

1.2 Law and Governance …….………………………………………………………. 53
A. Governance Theory………………………………………………………………… 55
B. Environmental Governance………………………………………………………… 56

1.4 Environmental Regulations………………………………………………………. 56
A. Application of Regulatory Controls in Southeast Asia……………………….……. 59

1.5 Sustainable Development………………………………………………………… 60
A. Definition of Sustainable Development (SD)……………………………………… 61
B. Sustainable Development in Golf Courses………………………………………….62
C. The Debates and Contestations……………………………………………… …… 63
D. Achieving Sustainability………………………………………………………… 65
E. Sustainable Development Perspective of the Thesis……………………………… 66

PART III FRAMEWORK OF ANALYSES

1.1 Introduction………… …………………………………………………… …… 67
A. Robinsons (1998) Comparative Environmental Law Framework of Analysi…… 67
B. Francesch-Huidobro (2008) Environmental Governance Framework …………… 67
C. Definition of Terms…… ………………………………….…………………… 67

1.2 Explanations and Elaboration………………………………….…. …………… 70

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A. First Question…………………………………………………….………………… 70
B. Second Question…………………………………………………………….……… 71
C. Third Question…………………………………………………………….……… 72

1.3 Benchmarking the Three Elements or Determinants of Law and
Governance in Golf Courses…………………………… ……………………… 72

PART IV CASE STUDIES

1.1 Introduction……………………………………………………………….….…… 74

1.2 Comparisons and Evaluation……………………………………… ………… 75
A. Philippines……………………………………………………………………… … 75
Table 1.16 – Philippines…………………………………………………………… ……… 76
1. TAT Filipinas Golf Club……………………………………… ………………… 76
2. Eastridge Golf Club…………………………………………………… ………… 78
3. Santa (Sta.) Elena Golf Club………… …………………………………………… 81
B. Thailand………………………………… ………………………………………….83
Table 1.17 – Thailand………………………… …………………………………………… 83
1. Navatanee Golf Club……………………………………………………………… 83
2. Royal Golf Club………………………………………………………………… …84
3. Thai Country Club……………………………………………………… …………85

C. Viet Nam……………………………………………… ………………………….86
Table 1.18 - Viet Nam……………………………………………………………………… 86
1. Dalat Palace Golf Club….………………………………… …………………… 86
2. Chi Linh Star Golf Course….………… ………………………………………… 87
3. Tam Dao Golf and Resort………………………………………………………… 88
D. Singapore………………………………………………………… ………………. 89
Table 1.19 – Singapore………………………………………………….……… …………. 89
1. Warren Golf Course……………………………………………….……………… 90
2. Kranji Sanctuary Golf Course………………………………………………… ….91
3. Marina Bay Golf Course………………………………………………………….….92

1.3 Summary…………………………………………………….…………….…………93
Table 1.20 - Summary of Comparisons and Evaluation………………………………………93


CHAPTER II I COMPARATIVE EVALUATION AND ANALYSES OF
ENVIRONMENTAL LEGAL FRAMEWORKS

PART I INTERNATIONAL ENVIRONMENTAL LEGAL FRAMEWORKS

1.1 Introduction……………………………………………………………………… 94
A. International Hard and Soft law Instruments……………………………………… 97
B. The United Nations………………………………………………………… …… 98

1.2 Relevant Multilateral Environmental Agreements (MEAs)…………………… 99
A. Convention on Wetlands of International Importance, Especially As Waterfowl
Habitat (“Ramsar”), 1971………………………………… ……………………….99
B. Convention Concerning the Protection of the World Cultural and Natural
Heritage, 1972…………………………………………………………………… 102
C. Convention on the Conservation of the Migratory Species of Wild Animals

(CMS) Bonn Convention, 1979……………….…………………………….… 104
D. Convention on Biological Diversity (CBD), 1992……………………………… 106

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1. Cartagena Protocol on Bio-safety, 2000………… ……………………………… 108
2. Biosafety Compliance…………………… ………………………………… …. 109
3. General Laws on Plants, Plant Products, Species……………………… ……… 111
E. Stockholm Convention on Persistent Organic Pollutants (POPs), 2001…… …. 114
F. Rotterdam Convention on the Prior Informed Consent Procedure For Certain
Hazardous Chemicals and Pesticides in International Trade (Revised in 2008)… 116
G. Aarhus Convention on Access to Information, Public Participation in
Decision-Making and Access to Justice in Environmental Matters, 1998……… 119
H. Environmental Impact Assessments (EIA)………………………………….……. 120
1. United Nations Economic Commission for Europe (UNECE)
Convention on Environmental Impact Assessment in Trans-boundary Context
(“Espoo Convention”), 1991……………………………………….…………… 120
2. Protocol on Strategic Environmental Assessment (SEA), 2003………… … 122

PART II REGIONAL ENVIRONMENTAL LEGAL FRAMEWORKS

1.1 Introduction…………………………………………………………………….…124
A. The ASEAN……………………………………………………………………… 124
1. ASEAN Agreements and Instruments…………………………………………… 126
2. ASEAN Institutional Framework…………………………………………….…….126
3. The ASEAN Charter (2007)……………………………………………………… 127

1.2 Regional Environmental Agreements…………………………………… ……. 128
A. Agreement on the Conservation of Nature and Natural Resources, 1985…… … 128
B. ASEAN Tourism Agreement, 2002…………… ……….…………………… …. 130
C. ASEAN Declaration on Heritage Parks, 2003 …………………….…… … ……131

D. Agreement to Establish the ASEAN Centre for Biodiversity, 2005…… ….…… 132
E. ASEAN Guidelines on Maximizing Biodiversity in Golf Courses, 2004……… 132

1.4 Evaluation………………………………………………………………………… 134


PART III NATIONAL OR DOMESTIC ENVIRONMENTAL
LEGAL FRAMEWORKS

1.1 Legal Systems……………………………………………………………… ……135

1.2 Structure of Government and National Governance…….…… …………… 135

1.3 Government Agencies Responsible for the Regulation of Golf Courses ….… 139
A. Philippines…………………………………………………………… …………. 139
B. Thailand…………………………………………………………………….……. 146
C. Viet Nam………………………………………………………………………… 148
D. Singapore……….……………………………………………………………….…149

1.4 Legal and Regulatory Frameworks………….…………… 152

1.5 Relevant Constitutional Provisions…………….…………………… ………… 157

1.6 Cross-national Comparisons and Evaluation in Relation to the Three Stages
of Golf Course Development and Operation……………………………………161
A. Planning Stage
1. Investment Laws and Regulations……………………………… ………………. 162
B. Planning Stage

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1. Land Use Planning and Control Laws and Regulations ………………….……… 182
Table 1.21 – Approved Application for Land Use Conversion (2005)…………………… 184
Chart 2 – Land Use Conversion by Area/Land Size………………………………………. 185
Table 1.22 – Approved Applications for Land Use Conversion………………………… 185
Chart 3 – Summary of Applications for Land Use Conversion…………………… …… 186
Table 1.23 – Summary of Land Use Conversion (2011)………….……………………… 187
C. Planning Stage
1. Environmental Impact Assessment System Laws and Regulations……………… 207
D. Construction and Development Stage
1. Biodiversity and Nature Conservation Laws and Regulations……………………227
E. Construction and Development Stage
1. Natural Heritage and Archeological Preservation Laws and Regulations…….…. 241
F. Maintenance and Operation Stage
1. Water Resources Laws and Regulations……………………….……………….…249
G. Maintenance and Operation Stage
1. Chemical Pollution Laws and Regulations…………………… …………………268
H. Maintenance and Operation Stage
1. Environmental Protection, Health, Sanitation, Waste Disposal
and Management……………………………………………………………….….285
I. Maintenance and Operation Stage
1. Prevention of Corruption……………………………………………………… …293

1.7 Norms of the Industry and Self-Regulation……………………………………. 298
A. World’s Golf Bodies………………………………………………………………. 299
B. Civil Society and NGO Participation……………………………………………… 301
C. Role of Civil Society and NGOs in Environmental Governance ………………… 302
D. Golf Advocacy Groups…………………………………………………………… 302
E. Environmental Relief, Incentives, Disincentives to Promote Sustainability ……… 304

CHAPTER IV

SUMMARY OF CROSS-NATIONAL COMPARATIVE ANALYSES
AND EVALUTION

1.1 Summary …………………………………………………………………………… 305

1.2 Cross-national Summary…………………………………………………………… 331
Table 1.24 – Summary………………………………………………………………………… 334

CHAPTER V
CONCLUSION AND RECOMMENDATIONS

1.1 Conclusion…………………………………………………………… ………… .336

1.2 Theoretical Implication………………………………………………………… 340
1.3 Policy Implication…………………………………………………………………… 340
1.4 Legal Implication……………………………………………………………………… 340

1.5 Recommendations…………………………………………………………………….340

1.6 Contribution to Knowledge…………………………………………………… 341

1.7 Guidance for Future Studies…………………………………………………………341



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Edna Selloriquez Pana
Doctor of Philosophy Candidate 2013
Faculty of Law, National University of Singapore
Dissertation: Law and Governance in Golf Courses

A Cross-National Comparison of Environmental Frameworks, Industry Norms and
Sustainability Practices in the Philippines, Thailand, Viet Nam and Singapore

Summary

The last twenty years saw the considerable proliferation of golf courses in Southeast Asia
owing to sustained economic growth. Golf is also the preferred sport among Asians
nowadays. Philippines boast of 78 operational courses, Singapore has 18 clubs, while
Thailand has 222, and Viet Nam catches up with 28. In most of these developments,
governments assist in setting up infrastructures such as airports, bridges and road networks.
Fiscal and non-fiscal incentives, subsidies and tax holidays are proffered to entice foreign
direct investments in capital-intensive development. In many instances the government
machinery is tapped to support, finance and operate golf courses.

This thesis explores whether law and governance can promote the objectives of sustainable
development by using a cross-national comparative study involving golf courses in the four
countries of Southeast Asia – a subject that has not received adequate attention from legal
scholars studying sustainable development or environmental law. This thesis asks: “are golf
courses in the Philippines, Thailand, Viet Nam and Singapore coherently, effectively, and
adequately regulated under the existing national law and governance”? “Is self-regulation
feasible in the subject countries”? “Do principles or philosophies embedded in Multi-lateral
Environmental Agreements, international and regional hard and soft law instruments, actually
guide, inform, enhance and promote domestic environmental protection and conservation”?

This thesis proposes the following: Hypothesis 1: The existing national laws and governance
tend to be incoherent, ineffective, unresponsive and inadequate. Hypothesis 2: Self-regulation
by golf courses, in terms of adopting sustainable practices, is feasible under certain conditions.
Hypothesis 3: MEAs, international and regional hard and soft law instruments, to a certain
extent, guide, inform, enhance and promote domestic law and governance in golf courses. This
thesis builds its comparative environmental law literature on Robinson's (1998) approach and

the environmental governance framework of analysis by Francesch-Huidobro (2008).

There are two kinds of golf courses. Developing the traditional/conventional golf courses is
arguably, “one of the most unsustainable activities” involving natural resources. It is largely
criticized for conventional practices that are destructive of wildlife’s natural habitat, excessive
water usage, hybrid turf grass use, integration of sand bunkers and dependence on chemicals
known to have high toxicity. Meanwhile, non-conventional/sustainable golf courses break from
the norm to explore new practices by disproving the notion that golf courses are invariably
destructive. Sustainable golf courses conform to a combination of legal and regulatory
compliance, self-regulation, best management practices and good governance. These courses
meet the aim to balance the philosophy of People, Profit and Planet, that lies at the heart of
sustainable development paradigm.

In this dissertation, there are findings of fragmentation, incoherence and inadequacies in
domestic law and governance. And that governance and capacities are affected by a dearth of
manpower capabilities, less environmental information, lack of scientific expertise and
financial resources to conduct baseline studies to predict impacts. There are possibilities that
developers take advantage of weaknesses by locating activities in countries with less official
restrictions and stakeholders’ opposition. This thesis is an original contribution to knowledge
and probably, the first research in this underdeveloped legal field.


x
Keywords:

Traditional Golf Courses, Sustainable Golf Course, Golf Club, Development and Operation,
Sustainable Development, Turf grass Management, Ground Maintenance, Agriculture,
Integrated Pest Management, Hybrid Turf grass, “Cultural Practices”, Tees, Greens,
Fairways, Roughs, Putting Greens, contamination, irrigation and watering, groundwater
production, water catchment, proprietary and non-proprietary membership, securities, policy

tool, policy instrument.

xi
SUMMARY OF REVISIONS

This thesis underwent substantial revision. The comments and the recommendations of the
external examiners and the oral panel have been integrated and considered. I will summarize
the revisions chapter-by-chapter, in comparison with the previously submitted ‘First
version”, entitled: Golf, Environment and the Law in the Philippines, Thailand, Viet Nam and
Singapore: A cross-national comparative study in relation to golf course development,
operation and impacts on the environment”.

The title of the “Revised version” is Law and Governance in Golf Courses: A Cross-national
Comparison of Environmental Frameworks, Industry Norms and Sustainability Practices in
the Philippines, Thailand, Viet Nam and Singapore.

The “Revised version” builds its comparative environmental law literature on Robinsons (1998)

approach and the environmental governance framework of analysis by Francesch-Huidobro
(2008).

This thesis (Revised version) asks: “are golf courses in the Philippines, Thailand, Viet Nam and
Singapore coherently, effectively, and adequately regulated under the existing national law and
governance”? “Is self-regulation feasible in the four subject countries”? “Do principles or
philosophies embedded in Multi-lateral Environmental Agreements, as well as international and
regional hard and soft law instruments, actually guide, inform, enhance and promote domestic
environmental protection and conservation”?

The “Revised version” proposes to explore the idea whether law and governance can further
the objectives of sustainable development in the context of golf course development projects
as well as in the management and maintenance of existing golf courses by using a cross-
national comparative study involving golf courses in the four countries in Southeast Asia – a
subject that has not received adequate attention from legal scholars studying sustainable
development or environmental law. The key words are “golf courses”, “traditional or
conventional golf courses”, “sustainable golf courses”, “cross-national comparative study”
and “laws and regulations”.


PART I
Chapter I – Introduction

Revised, Re-drafted and Added:
1. The introduction is revised. It is also re-drafted. There are major changes in the body of the
thesis.

2. The topic about Golf, Environment and the Law (Item 2) in the “First Version” has been
taken out and separately discussed in chapter II, Part I, “Revised Edition”.

3. As it is, the “Revised Edition” contains the following:
a. Background of the Research (Item 1.1) gave an introductory summary about golf courses,
and of how the WCED (1987) and the UNCED (1992) inspired legal scholars to explore the
question of how the law and governance can further the objectives of sustainable development.
Several legal scholars are named and mentioned.
b. The types of golf courses have been explained and classified as (1) “traditional” or
conventional, and (2) non-conventional or “sustainable”.
c. Includes a new topic about the law and governance, rule of law, a brief background about
golf courses, norms of the industry and self-regulation as determinant of sustainable
development

xii
d. Research Scope, Aims and hypotheses (Item 1.2) reiterates the aim of the dissertation to
answer the question of how the law can further the objectives of sustainable development. The
second aim is to critically assess whether the principles, concepts or principles embedded in the
Multi-lateral Environmental Agreements MEAs, as well as international and regional hard and
soft law instruments, actually guide, inform, enhance and promote national environmental
protection and management. There is a general and introductory discussion about law and
governance, rule of law and golf courses.
e. This thesis asks: “are golf courses in the Philippines, Thailand, Viet Nam and Singapore
coherently, effectively, and adequately regulated under the existing national law and
governance”? “Is self-regulation feasible in the four subject countries”? “Do principles or
philosophies embedded in Multi-lateral Environmental Agreements, as well as international and
regional hard and soft law instruments, actually guide, inform, enhance and promote domestic
environmental protection and conservation”?
f. Thus, this thesis proposes the following: Hypothesis 1: The existing national laws and
governance tend to be incoherent, ineffective, unresponsive and inadequate. Hypothesis 2:
Self-regulation by golf courses, in terms of adopting sustainable practices, is feasible under
certain conditions. Hypothesis 3: MEAs, international and regional hard and soft law
instruments, to a certain extent, guide, inform, enhance and promote domestic law and

governance in golf courses.
g. Thesis points out that the comparative environmental law literature is built on Robinson's
(1998) hypothesis that, “there should be a common trend in substance and procedure across
legal traditions.
h. Author Toffel (2010) is cited about his writings on self-regulation.
i. The Case Selection, Case Studies and Methodology enhanced the Research Methodology
of the First version (now Item 1.3), which includes general approaches to research, data and
analyses with Legal Approach and discussion of Case Studies, Visual Inspection and Personal
Interviews (Sample Questionnaires are included as Appendixes). Table 1.1 shows the summary
of Research Methodology adopted for the thesis.
j. The Choice of Jurisdictions for Comparison has been explained, and that the choice was
mainly determined by the research questions and the corresponding research hypotheses. Table
1.2 shows the comparative summary table of the Relevant Features of Golf Courses and Legal
Status of the Subject Countries.
k. There is an introductory discussion about the Legal Systems and the case studies conducted
in the four countries.
l. There is an overview of the conceptual framework with definition of terms (Item 1.4). A
Chart is prepared for purposes of emphasis and clarity (Chart 1).
m. Significance of the Research is emphasized (Item 1.5)
n. There is an organization of the Dissertation (Item1.6)


Chapter II

Revised, Re-drafted and Added:
1. This chapter has been revised and re-drafted. The title has been changed to Law and
Governance: A Framework for Analyses. It consists of four Parts.

2. Part I introduces golf courses and their impacts on the environment, and contain
discussions about parts of the golf course (Table 1.3); Use of hybrid turf grasses (Table 1.4);

water and chemical requirements (Table 1.5); chemical requirements (Table 1.7); sand
requirements (1.10), among others. Part I also discussed the stages of golf course construction
as proposed by this writer (Item 1.3); the turf maintenance activities (Table 1.13); manpower
requirements (1.14) and the desired number of tools, equipment and machineries (Table 1.15).


xiii
3. Part II discusses the literature review, including a table of summary of existing literature
about sustainable golf courses (Table 1.16), with theoretical discussions about law, rule of law,
governance, sustainable development, Environmental regulation, etc.

4. Part III is the framework of analysis. It contains the introduction about Law and
Governance, specifically building on Robinson’s (1998) comparative environmental law
approach and Maria Francesch-Huidobro environmental governance theory. Part III also
contains the definition of terms, elaboration and explanation of the framework, including the
benchmarking of the elements and determinants with which to measure the adequacy,
coherence, responsiveness and effectiveness of law and governance in golf courses.

5. Part IV contains the case studies. The number of case studies has been reduced to three
for each country. The US comparative study has been removed.


Chapter III
Revised and Re-drafted:

1. The chapter has been revised and re-drafted. This chapter consolidated the four (4)
separate chapters of the “First version” (Chapters III, IV, V and VI). Chapter III contains the
Comparative Evaluation and Analyses of Environmental Frameworks.

2. Referencing re-arranged and grammatical organization has been improved. The

comparative arrangement enhanced the evaluation and critical analysis of the issues, laws and
regulations. Referencing has been-re-arranged and the grammatical organization has been
improved.

3. This chapter looks into the environmental laws and regulations of the four countries. It
also reviews and evaluates related and relevant laws applicable to the regulation of golf
courses.

4. Part I discusses the international environmental legal framework. Part II discusses the
regional environmental legal framework. And Part III discusses the national environmental
legal frameworks.

5. It mentions that golf courses are governed under national laws and regulations. The
national laws either are codified locally or may have been adopted from transplanted
Multilateral Environmental Agreements or regional instruments, which have been signed and
ratified, or acceded to by Contracting Parties to the convention or agreement. The MEAs
contain principles and philosophies, which promotes, enhances and guides regulation for the
development and operation of golf courses.

6. Discussions are amended and enhanced, particularly the identification of provisions and
principles, as well as industry norms and self-regulation by international organizations and
world golf rules bodies.

7. A number of MEAs and international instruments have been evaluated and reviewed, as
well as some regional (ASEAN) hard and soft law instruments.

8. There is an additional discussion about the norms of the industry or self-regulation (Item
1.7), including an evaluation of the practices in the golf industry and the golf rules by United
States Golf Association and the Royal and Ancient Golf Club of St. Andrews, Scotland.

xiv
Chapter IV
Revised, Re-drafted and Added

1. This chapter contains the summary of the cross-national comparative analyses and
evaluation, which were taken from the lengthy discussion on national comparative review for
each subject countries.

2. The summary contains an evaluation of the constitutional provisions, institutional
framework, and the mechanism for judicial review, NGO and civil society participation.

3. A Cross-national summary is included. (Item 1.2)


Chapter V
Revised and Re-drafted

1. The Conclusion includes the theoretical (Item 1.2), policy (Item 1.3) and legal (Item 1.4)
implications of the research.

2. The Recommendations have been revised, and an item about future guidance for research
is included. There is also an item about contribution to knowledge (Item 1.6) and about
Guidance for further research (Item 1.7).

xv
BIBLIOGRAPHY

APPENDICES

List of Maps
1.1 Locational Plotting of Golf Courses in Philippines
1.2 Locational Plotting of Golf Courses in Thailand
1.3 Locational Plotting of Golf Courses in Viet Nam
1.4 Locational Plotting of Golf Courses in Singapore

List of Tables
Table 1.1 Comparative Summaries of Features of Golf Courses and the Subject Countries
Table 1.2 - Parts of the Golf Course
Table 1.3 - Use of Turf Grasses
Table 1.4 - Water Requirements for 18 Holes Golf Course
Table 1.5 - Summary of Total Water Requirements for 18 Holes Golf Course
Table 1.6 - Chemical Requirements for 18 Holes Golf Course
Table 1.7 - List of Chemicals Applied by Warren Golf Club, Singapore
Table 1.8 - List of Chemicals Applied by TAT Filipinas Golf Club, Philippines
Table 1.9 – List of Sand Requirements for 18 Holes Golf Course
Table 1.10 - Summary of Requirements
Table 1.11 - Stages of Golf Course Development and Operation
Table 1.12 - Turf Maintenance Activities
Table 1.13 - Manpower Requirements
Table 1.14 - Desired Number of Equipment, Machineries, Tools for 18 Holes Golf Course
Table 1.15 Summary of Existing Literature About Sustainable Golf Courses
Table 1.16 – Philippines
Table 1.17 – Thailand
Table 1.18 - Viet Nam
Table 1.19 – Singapore
Table 1.20 - Summary of Comparisons and Evaluation
Table 1.21 – Approved Application for Land Use Conversion (2005)
Table 1.22 – Approved Applications for Land Use Conversion

Table 1.23 – Summary of Land Use Conversion (2011)
Table 1.24 – Summary

List of Charts
1.1 Conceptual Framework of the Dissertation
1.2 Summary of Approved Applications for Land Use Conversion, Philippines, as of
September 2005
1.3 Summary of Approved Applications for Land Use Conversion, by purpose, Philippines,
as of September 2005



List of Appendix
“1” List of Persons Interviewed

There were open and long conversations, sharing of experiences and practices
specifically with the Managers, Golf Course Superintendents, chemical suppliers,
green specialists, golf course architects and landscapists, government officials (trade,
investments, environment, agriculture, agrarian reform, soils and water resources)
namely:


xvi
1. Jean Pierre Schneider, Thai Country Club, Thailand
2. Prachaa Boonsompong, Navatanee Golf Club, Thailand
3. Desmond Chua and Ng Sook Fun, Keppel Golf Club, Singapore
4. Ian Gray and Michael Cabel, Warren Golf Club, Singapore
5. Rodney McKeown, NSRCC Kranji Sanctuary Golf Club, Singapore
6. T. W. Hughes, Dalat Palace Golf Club, Viet Nam
7. Kenney Saunders, Ocean Dunes Golf Club, Viet Nam

8. Robert Bicknell, Tam Dao Golf Resort, Viet Nam
9. Ben Styles, Chi Linh Star Golf Club, Viet Nam.
10. Junie Ledesma, Sta. Elena Golf Club, Philippines
11. Jose Dagdagan, TAT Filipinas Golf Clubb, Philippines
12. Dr. Niddhi Bijaisoradat, Country Manager of ProCrop, Thailand
13. Dr. Michael Hurdzan of Hurdzan and Fry Environmental Golf Course Design
14. Dr. Micah Woods, Asian Turfgrass Centre
15. Maria Corazon Halili-Dichosa, Board of Investments, Philippines
16. Elsie Cesar, EIA Division, EMB-DENR, Philippines
17. Setthapong Leleerdpong, Securities and Exchange Commission, Thailand
18. Worawit Sing-in, Department of Business Development, Ministry of Commerce,
Thailand
19. Wanee Poomparun, Board of Investments, Thailand
20. Raweewan Bhuridej, Ministry of Natural Resources and Environment, Thailand
21. Supanon Sirichuaychoo, Department of Agriculture, MOAC, Thailand
22. Margaret Yoovatana, Department of Agriculture, MOAC, Thailand
23. Sunee Piyanpanpong, Pollution Control Department, MONRE, Thailand
24. Nguyen Thi Bich Ngoc, Ministry of Planning and Investment, Viet Nam
25. Duong Quoc Xuan, Chairman, Peoples Provincial Committee, Long An, Viet Nam
26. Le Hoai Nam, Ministry of Natural Resources and Environment, Viet Nam


“2” Questionnaire


Questions

1. What are the features of the golf course
2. Turf grass Species
a. Greens

b. Fairway
c. Tees
d. Roughs
3. Design and Landscape Artist
4. Year Operated
5. Area
6. Owner/Operator
7. No. of Employees
8. Residential/Hotel Component
9. No. of Caddies
10. Classification
11. Water Resources
12. Water Permits

xvii
13. Chemical Rate of Application
14. Corporate Social Responsibility Program
15. Youth Development Program
16. Would you know how many golf courses are there in Singapore?
17. What is your stand with regards to golf tourism in Singapore?
18. Would you know many golf resorts are there in the Singapore?
19. Would you know how many golf courses have residential components in Singapore?
20. Would you know if there are government subsidies, fiscal or non-fiscal incentives
extended to the golf course sector?
21. Would you know if the Club pay taxes to the government for golf operations?
22. Would you know if there are sufficient laws for the regulation of golf courses?
23. Would you know any agency of the government, which exercises regulation, supervision
and/or monitoring of golf courses in Singapore?
24. If there are sufficient laws, are these laws strictly enforced considering the fact that golf
course development has environmental (chemical use, water needs), social and economic

impacts?
25. Would you know if there are regulations for the construction and development of golf
courses in Singapore, i.e., planning laws, zoning ordinances?
26. Are there chemical use regulations in Singapore?
27. Are there water use regulations in Singapore?
28. What do you see in the future involving the golf course industry in Singapore?
29. Concerns/ Social Problems
30. Suggestions


“2-A” Questionnaire


Questions

1. Please explain the EIA process under the 2005 Law of Environmental Protection
2. Could you state in particular, which provisions pertain to the regulation of golf course
construction, development and operation?
3. There are golf projects in Viet Nam, which ranges from 9, 18, 27 (18 +9) or double 18
(18+18) or three 18’s (18+18+18) holes. A regulatory 18 holes golf course needs at least an
average area of 50 hectares. Yet some golf course projects, which were issued licenses for
development allocated vast track of lands from 300-350 hectares, allegedly for residential
development.
4. Please explain how your department implements the 2005 LEP provision on EIA for golf
courses? From the national or central office as against local administration?
5. Would you know if MONRE is involved in policy planning and formulation for golf
course development?
6. Is there any policy guidance laid down by MONRE to the EIA division?
7. Could you claim that the legal framework for golf course regulation in Viet Nam is
adequate?

8. Would you know any constraints in the EIA Guidelines and Procedure, which affects
implementation?

xviii


“2-B” Questionnaire


Questions

1. Please describe your company and its services.
2. What are the products that you produce market or sell to golf courses?
3. Would you know any laws regulating the development and operation of golf courses in
Thailand?
4. Would you say that the laws and regulations are sufficient?
5. An officer of the Pesticide Regulatory Sub-division of the Department of Agriculture
mentioned that when manufacturers or suppliers of chemicals places or sticks product
labels for turf grass use of the following ingredients or mixed components:
i. Iprodione 50% SC on leaf spot
ii. Trinexapac-ethyl 12% ME use as a Plant Growth regulator (PGR)
iii. Fipronil 0.1% GR (granular) insecticide for ants

The manufacturers or suppliers must obtain first the approval of the PRS and OAR
before the labels can be allowed to be placed and the chemicals be registered.
6. If the laws are sufficient, are these laws strictly enforced considering the fact that golf
course development has environmental (chemical use, water needs), social and
economic impacts?
7. Golf maintenance and operation do not fall within the definition of agriculture. It means
that if an agricultural activity is regulated, golf course operation and maintenance is

excluded from regulation.
• How Thailand regulates the chemical application and water use of golf courses?

8. Which government agency regulates water resources use in Thailand?

9. Are there water use regulations in Thailand?
10. There is a report by United States Environmental Protection Agency that more or less,
US golf superintendents use around 55 pounds of chemicals per acre, annually. Is that
the same practice in Thailand?
11. What is your position regarding golf tourism?
12. What are the investment opportunities, incentives, tax breaks, etc. in Thailand?
a. GDP share from agriculture is only 11% as of June 2009 yet Thailand is an
agriculture economy.
13. What do you foresee in the future involving golf and golf course development in
Thailand?
14. Concerns
15. Comments
16. Suggestions



“3” Transcript of personal interview of Dr. Michael Hudzan

“4” Copy of 2008 Biodiversity Assessment

“5” Personal interview with Jose P. Dagdagan, Operations Manager and Sustainable
Turfgrass Management Program, with Water Comparative Study.

xix

“5-A” Sustainable Turfgrass Management Program

“6” Photos of blasting in 1994 were posted inside the Petroglyphic museum.

“6-A”; “6-B”; “6-C”; “6-D”; “6-E”; “6-F”; “6-G”; “6-H” and “6-I”.

“7” Personal interviews of Emmie Ruales, Policy Analyst, and Engr. Gino Mangosing,
NWRB on March 22, Philippines2009.

“8” In an email dated March 27, 2009, Engr. Gino Mangosing Jr, NWRB provided a list
of water permits issued to golf clubs/courses, Philippines.

“9” Questionnaire signed by Mr. Junie Ledesma, General Manager of Sta. Elena Golf
Club, whereby he admitted that the golf course is a recipient of water supply from the
National Irrigation Authority (NIA), Philippines.

“10” Pracha Bansoompong disclosed that “the club reportedly spends 18 Million Baht
(USD596,619.) (SGD769,998) for annual maintenance cost”. He also complies with
the requirements of Hazardous Substance Act, B.E. 2535 (1992) and the Fertilizer
Act, B.E. 2518 (1975), Thailand.

“11” Personal Interview with Jean Pierre Schneider, General Manager, 88 Moo 1, Bangna-
Trad Km. 35.5, Thambon Pimpa, Bangpakong District, Chacheongsao 24180,
Thailand

“12” On May 24, 2009, T.W. Hughes, Managing Director of Dalat Palace Golf was
interviewed for this paper at the club in Dalat.

“13” Personal interview with Ben Styles, Director for Operations on May 3, 2009.

“14” During the April 29, 2009 visit to Tam Dao, Robert Bicknell, General Manager and
Director of Golf was interviewed. Bicknell writes a column in Teed Off, a newsletter
sponsored by the Professional Golf Association of Viet Nam.

“15” Personal interview of Ian Gray, General Manager. Joint transcript of interview with
Michael Cabel of Warren Golf Course,

“16” There are five lakes built as water catchments by Warren Golf Club.

“17” A series of personal interview and e-mail exchanges with Rodney McKeown, Golf
Course Superintendent were made in 2009.

“18” Biodiversity Guidelines. The Biodiversity Guidelines was prepared by John R.
MacKinnon, ARCBC (Now ACB) and Ma. Cheryll T. Manzano-Patulot of Manila
Southwoods Golf and Country Club, 2004.

“19” Personal interview with Nguyen Thi Bich Ngoc, Deputy Head, Service Sector
Division, Ministry of Planning and Investment on April 28, 2009, 2 Hoang Van Thu,
Hanoi, Vietnam. Nguyen is in charge of the golf sector promotion.

“20” Copy of the 2020 National Golf Course Development Plan.

“21” Personal interview with Ma. Corazon Halili-Dichosa, Director, Policy and Planning
Department, BOI, October 21, 2010, Makati City.

xx

“22” Personal interview with Worawit Sing-In, Trade Officer, Office of Secretary of
Foreign Business Committee, Department of Business Development, MOC, June 30,
2009, 44/100 Nonthaburi 1 Rd., Amphur Muang, Nonthaburi 11000 Bangkok.

“23” Personal interview with Setthapong Leelerdpong, Executive Officer, Corporate
Affairs Department, SEC, June 29, 2009 at 15
th
Floor, Diethelm Towers B, 93/1
Wireless Road, Lumpini, Patumwan, Bangkok 10330.

“24” Personal interview with Wannee Poomprapun, BOI, June 29, 2009, at 555 Vibhavadi
Rangsit Rd., Chatuchak, 10900 Bangkok

“24-A” Email-reply is attached.

“25” This was later confirmed in several conversations and emails with Elsie Cesar, Officer-
in-charge, EIA Division, DENR-EMB.

“26” Personal interview with Raweewan Bhuridej, PhD, Director, Office of the Minister,
MONRE, June 24, 2009, 10:00 am, Office of the Minister, MNRE, 92 Phaholyothin 7
Rd., Phayathai District, Bangkok 10400, Thailand.

“27” Transcript of personal interview of MNRE-PCD Director Sunee Piyapanpong.

“28” Personal interview of Le Hoai Nam, Deputy Director for EIA, MNRE at #83 Nguyen
Chi Tanh, Dong Da, Hanoi Viet Nam. Transcript of interview is attached as
Appendix “29”.

“29” Copies of FPA registration of chemical supplier of TAT Filipinas Golf Club.

“30” List of fertilizers and pesticides used by TAT Filipinas Golf Club.

“31” Transcript of personal interview of Pracha Bansoompong, Course Superintendent,

Navatanee Golf Club, Thailand.

“32” Personal interview with Supanon Sirichuaychoo, Chief, Pesticide Regulatory Sub-
Division, Office of Agricultural Regulation, Department of Agriculture, 30 June
2009, Chatuchak, 10900 Bangkok. Transcript of interview is attached as Appendix
“33”.

“33” Personal interview with Chawee Lomlek and Margaret Yoovatana, International
Cooperation Group, Planning and Technical Division, Department of Agriculture,
June 30, 2009, Paholyothin Rd., Chatuchak, 10900 Bangkok.

“34” Personal interview with Dr. Niddhi Bijaisoradat, Deputy Managing Director, Procrop
Group of Companies, July 14, 2009, at Navatanee Golf Club, 22 Navatanee Rd.,
Kwaeng Kannayao, Khet Kannayao, Bangkok, 10230.

“35” An email was received on September 10, 2009 from Sayang Sawanduan
() of TCPA.

“36” A Kannan, Environmental Health Executive, Environmental Health Department -
NEA wrote to this author in reply to her query that EHD regulates public health
pesticides intended for use against the five vectors (namely mosquitoes, flies,
cockroaches, rodents and rat fleas).


xxi
“37” 2008 PUB Guidelines on Allowable Chemical Application for Golf Courses in Water
Catchments

“38” Duong Quoc Xuan, Chairman of the PPC of Long An Province, spoke through an
interpreter, Truong Thuy Ai, on April 22, 2009 at the Provincial Ceremonial Hall in

Tan An Town, Long An Province. Transcript of interview is attached as Appendix
“39 ”.

“39” Personal interview of Nguyen Than Nguyen, Deputy Manager, Planning &
Investment Department, No. 61 Truong Dinh St., Tan An Town, Long An Province,
Viet Nam.

“40” Personal interview of Desmond Chua, Deputy General Manager, Keppel Club, # 10,
Bukit Chermin, 109918 Singapore on March 10, 2009.







Summary of Relevant MEAs, Regional Treaties and National Legislations
(including Orders, Decrees, Guidelines, Policies) Discussed in Thesis

A. International Statutes
Statute of the International Court of Justice, 1945
UN Convention against Corruption, 2003
B. Multi-Lateral Environmental Agreements and Declarations
Agenda 21
Cartagena Protocol on Bio-safety, 2000
Chemicals Convention, 1998
Convention Concerning the Protection of the World Cultural and Natural Heritage, 1972
Convention on Access to Information, Public Participation in Decision-Making and Access to
Justice in Environmental Matters, (“Aarhus Convention”), 1998
Convention on Biological Diversity, 1992

Convention on Migratory Species, 1979
Convention on Persistent Organic Pollutants (POPs), 2001
Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and
Pesticides in International Trade, 1998 (Revised in 2008)
Convention on Wetlands of International Importance Especially as Waterfowl Habitat
(“Ramsar”), 1971
International Plant Protection Convention (IPPC), 1951
Rio Declaration on Environment and Development, UNCED, 1992
Statement of Principles for the Sustainable Management of Forests, UNCED, 1992
United Nations Economic Commission for Europe (UNECE) Convention on Environmental
Impact Assessment in a Trans-boundary Context (“Espoo Convention”), 1991
United Nations Economic Commission for Europe (UNECE) Economic and Social
Resolution 36, dated March 28, 1947
United Nations Economic Commission for Europe (UNECE) Protocol on Strategic
Environmental Assessment (SEA), 2003
United Nations Framework Convention on Climate Change (UNFCCC), 1992

C. Regional Agreements and Declarations
ASEAN Agreement for the establishment of the ASEAN Centre for Biodiversity, 2005

xxii
ASEAN Agreement on the Conservation of Nature and Natural Resources, 1985
ASEAN Agreement on Trans-boundary Haze Pollution, 2002
ASEAN Centre for Biodiversity (ACB), 2005
ASEAN Charter, 2007
ASEAN Declaration on Heritage Parks, 1984 (expanded 2003)
ASEAN Guidelines on Maximizing Biodiversity in Golf Courses, 2004
ASEAN Tourism Agreement, 2002
Bandar Seri Begawan Resolution on Environment and Development, 1994
Bangkok Declaration (1967) established the Association of South East Asian Nation

(ASEAN)
Bangkok Declaration on the ASEAN Environment, 1984
Bangkok Declaration on the ASEAN Environment, 1984, reiterated, 2003
Cebu Declaration on the Acceleration of the ASEAN Community, 2015
Cebu Resolution on Sustainable Development, 2006
Cha-Am Hua Hin Declaration on the Roadmap for the ASEAN Community (2009-2015)
Concord II (Bali Concord II), Bali, Indonesia, October 7, 2003
Jakarta Consensus on ASEAN Tropical Forestry Third Meeting, ASEAN Economic Ministers
on Agriculture and Forestry, 1981
Jakarta Declaration on Environment and Development, 1997
Jakarta Resolution on Sustainable Development, 1987
Kuala Lumpur Accord on Environment and Development, 1990
Manila Declaration on the ASEAN Environment, 1981
Manila Declaration on the ASEAN Environment, 1981
Singapore Resolution on Environment and Development, 1992
Singapore Resolution on Environment, 1992
Yangon Resolution on Sustainable Development, 2003

D. United States of America
Clean Air Act (CAA), 42 U.S.C. § 7401
Clean Water Act (CWA), 33 U.S.C. § 1251
Coastal Zone Management Act, 1972, 16 U.S.C. § 1451
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42
U.S.C. § 9601
Endangered Species Act, 1973, 16 U.S.C. § 1531
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136
Federal Safe Drinking Water Act (SDWA), 42 U.S.C. 300 f §
Federal Water Pollution Control Act, 33 U.S.C. §1251-1376
National Environmental Policy Act, (1969)
Resource Conservation Recovery Act (RCRA), 1976

Toxic Substances Control Act (TSCA), 15 U.S.C. § 2601
Wisconsin Comprehensive Groundwater Act 410 (1983)
Worker Protection Standard (WPS) for Agricultural Pesticides {40 CFR 170.240 (d) (4-6)}

E. National Legislations

1. Philippines
Act No. 3815 (1930) - Revised Penal Code of the Philippines, as amended
Administrative Order No. 23-2008 - Designation of Environmental Courts
Batas Pambansa Blg. 220 (1981) - Judicial Reorganization Act
Commonwealth Act No. 108 (1936) - Anti-Dummy Law, as amended
Constitution of the Republic of the Philippines (1987)
DAO 2003-30 (2003) - Implementing Rules and Regulations (IRR) of PD 1586, and revising
DAO 21(1992) and DAO 37 (1996)
DENR – Department Administrative Order 2003-30 implements PD 1586
DENR AO 26 (1992) – Appointment of Pollution Control Officers (PCOs)

xxiii
DENR AO 300 (1996) - clarifies the authority to grant or deny the issuance of ECCs
DENR AO 31 (1988) - Established the National Mapping and Resource Information
Authority (NAMRIA)
DENR Administrative Order 96-37 (1996) - Revises the rules and regulations for
implementation; elucidating that public participation in EIA
DENR Department Order No. 42 (2002) - Rationalized the implementation of EIS and
streamlined the processing system by delegating the authority to approve EIA application and
issuance of ECC to the Secretary of the DENR, Director and Regional Directors of the EMB
DENR issued DAO 2005-10 as the Implementing Rules and Regulations (IRR) of RA 9275
DENR Memorandum Circular 2002-15 (2002) - Identifies the scope of violations and
Guidelines for the imposition of Penalties under the Philippine EIS system and specifically
provides criteria for the reduction of the maximum penalty imposed by s. 9, PD 1586

DENR Memorandum Circular 2007-08 (2007) - simplifies the requirements for ECC or
Certificate of Non-Coverage Application
DENR Memorandum Circular 21, Series 2003 - Guidelines on the availment of the reduction
of penalties for projects operating without ECC in violation of PD 1586.
DENR Secretary Administrative Order 61 - Delegates to the LLDA General Manager the
authority to grant or deny the issuance of ECC/Certificate of Non-Coverage for projects
located within the Lake Region
DENR-AO No. 96-37 (1996) - Mandatory scoping the outcome of which gives the project
proponent an indication whether or not the project is acceptable to the stakeholders.
EMB Memorandum (2005) - clarifies the provisions of Section 11, Procedural Manual for
DAO 2003-30 on “Fines, Penalties and Sanctions”
Executive Order 116 (1987) - Established the Department of Agriculture
Executive Order 124 (1993) - Established priorities and procedures in evaluating areas for
land conversion in Regional Agricultural/Industrial Centers, Tourism Development areas and
sites for Socialized Housing
Executive Order 192 (1987) - Re-organized the DENR
Executive Order 200 (2000) - Authorizes the issuance of Onshore Special Minerals Extraction
Permits to qualified government entities/instrumentalities for government projects DENR
Administrative Order 2000-39 (2000) - Provides Rules and Regulations in the Issuance of
Onshore Special Minerals Extraction Permits (SMEP) to Qua1ified Government
Entities/Instrumentalities for government projects pursuant to Section 4, EO 200.
Executive Order 226 (1987) - Omnibus Investments Code
Executive Order 247 (1995) - Established the regulatory framework on Biological and
Genetic Resources
Executive Order 292 (1987) - Administrative Code of the Philippines
Executive Order 342 (1996) - Established the Golf Course Construction and Development
Committee (GCCDC) in order to “adopt and promulgate standards for the construction,
development and operation of golf courses and to assist in the evaluation of all applications
for ECC”
Executive Order 514 (2004) - National Framework on Biosafety

Executive Order 63 (1999) - Incentives to Foreign Investments in Tourism Related Activities
Executive Order 72 (1993) - mandates cities and municipalities to continue formulating or
updating their respective comprehensive land use plans and submit the same to the local
council for approval as a zoning ordinance
Executive Order 786 (1982) - Established the Natural Resources Development Corporation
(NRDC)
Executive Order No. 190 (2003) - GCCDC was eventually abolished under
Executive Order No. 603 (1996)– Golf course construction was included as an
environmentally critical project (ECP) that must undergo the EIA process under.
Guidelines on Fertilizer Product Registration (Implementing Circular 96- 08 {1996}
House Bill No. 2963 (2008) - LLDA Reorganization Act seeks to include Makati,
Mandaluyong and San Juan within the mandate of the LLDA.
Letter of Instruction 1179 (1981) - Imposes the requirement of a proof of compliance (ECC)

xxiv
Letter of Instruction Mining Act, Republic Act 7942 (1995)
LLDA Board Resolution No.234, Series 2004 - adopted the EIA System and its Implementing
Rules and Regulations via DAO 2009-14 requiring that new ECC and CNC applications for
projects should be processed at NCR/Region 4 EMB Regional Office.
Malacanang Memorandum 229 - Approved the 2009 Investments Priority Plan (IPP)
Malacanang Memorandum Circular 54 (1993) - prescribes guidelines for Section 20, RA
7160, which specifically authorizes Cities and Municipalities to reclassify lands into Non-
Agricultural Uses
NWRB Policy Recommendation for Golf Courses in Critical Areas, Resolution No. 003-0109
Office Circular No. 3, Series 1983 - Identified the technical definitions and scope of the ECPs
and ECAs
Presidential Decree No, 1067 (1976) - National Water Code
Presidential Decree No. 1144 (1977) - Fertilizer and Pesticide Act
Presidential Decree No. 1151 (1977) - Philippine Environment Policy
Presidential Decree No. 1152 (1977) - Philippine Environment Code

Presidential Decree No. 1586 (1978) - Environmental Impact Statement Law
Presidential Decree No. 198 (1973) - Local Water Utilities Authority (LWUA), as amended
Presidential Decree No. 2152 - Palawan as a Mangrove Forest Reserve
Presidential Decree No. 260 (1973) - Sites and Shrines Law
Presidential Decree No. 374 (1966) - Cultural Properties Preservation and Protection Act, as
amended
Presidential Decree No. 705 (1975) - Forestry Reform Code
Presidential Decree No. 856 (1975) - Sanitation Code
Presidential Decree No. 953 - Tree Planting Law
Presidential Decree No. 979 (1976) - Marine Pollution Decree
Presidential Decree No. 984 (1976) - Pollution Control Decree
Proclamation 2146 (1996) - that a listing was released classifying “environmentally critical
areas (ECAs)” and “environmentally critical projects (ECPs)”
Proclamation 420 (1994) - Creation of Special Economic Zones in Camp John Hay, Baguio
Proclamation 66 (1999) - Declares the Lahar-affected Rivers and Embankment as
Environmentally Critical Areas (ECA) and as Mineral Reservation directly supervised and
controlled by the government.
Proclamation No. 2146 (1981) - Environmentally Critical Areas
Republic Act No. 10066 (2009) - National Cultural Heritage Act
Republic Act No. 1180 (1954) - Retail Trade Nationalization Act
Republic Act No. 293 (1948) - Sale of Marsh lands or lands under water bordering shores
Republic Act No. 3019 (1960) - Anti-Graft and Corrupt Practices
Republic Act No. 3571 (1963) Prohibiting the Cutting, Destroying or Injuring of Planted or
Growing Trees, Flowering Plants, Shrubs or Plants of Scenic Value along Public Roads,
Plazas, Parks, etc. and in Certain Places Act
Republic Act No. 3601 (1963) - Established the National Irrigation Administration (NIA)
Republic Act No. 3931 (1964) - National Water & Air Pollution Control Commission
Republic Act No. 4368 (1965) - National Historical Commission Act
Republic Act No. 4850 (1966) - Laguna Lake Development Authority Act
Republic Act No. 6657 (1988) - Comprehensive Agrarian Reform Code, as amended

Republic Act No. 6713 (1989) - Code of Conduct and Ethical Standards for Public Officials
Republic Act No. 6716 (1989) - Rainwater Collection and Spring Protection Act
Republic Act No. 6770 (1989) - Ombudsman Act
Republic Act No. 6957 (1994) - Build, Operate and Transfer Law
Republic Act No. 6969 (1990) - Control of Toxic Substances, Hazardous and Nuclear Wastes
Republic Act No. 6978 (1991) - Irrigation Crisis Act
Republic Act No. 7042 (1991) - Foreign Investment Act (amend. RA 8179)
Republic Act No. 7160 (1991) - Local Government Code
Republic Act No. 7161 (1991) - Tax Laws in the Revised Forestry Code
Republic Act No. 7227 (1992) - Bases Conversion and Development Act

xxv
Republic Act No. 7586 (1992) - National Integrated Protected Area System Act
Republic Act No. 7611 (1992) - Strategic Environmental Plan (SEP) for Palawan Act
Republic Act No. 7640 (1992) - Created the Legislative-Executive Development Advisory
Council (LEDAC) as a consultative and advisory body to the President
Republic Act No. 7652 (1993) - Investors' Lease Act
Republic Act No. 7942 (1995)- Mining Act
Republic Act No. 8041 (1995) - National Water Crisis Act
Republic Act No. 8289 (1997) - Small and medium scale enterprises
Republic Act No. 8371 (1997) - Indigenous Peoples' Rights Act
Republic Act No. 8435 (1997) - Agriculture and Fisheries Modernization Act
Republic Act No. 8492 (1998) - National Museum Law
Republic Act No. 8550 (1998) - Fisheries and Aquatic Resources
Republic Act No. 8749 (1999) - Clean Air Act
Republic Act No. 8749 (1999) - Comprehensive Air Pollution Control
Republic Act No. 8762 (2000) - Retail Trade Liberalization Act
Republic Act No. 8799 (2001) - Securities Regulation Code
Republic Act No. 9003 (2000) - Ecological Solid Waste Management Act
Republic Act No. 9072 (2001) - Manage and Protect Caves and Cave Resources

Republic Act No. 9147 (2001) - Conservation and Protection of Wildlife Resources and their
Habitats
Republic Act No. 9168 (2002) - Established the National Plant Variety Protection Board
Republic Act No. 9225 (2003) - Citizenship Retention and Re-Acquisition Act
Republic Act No. 9275 (2004) - Clean Water Act
Republic Act No. 9485 (2007) - Anti-Red Tape Act
Republic Act No. 9593 (2008) - Tourism Act of the Philippines
Revised Fisheries Administrative Order No. 60 (1960)
Revised Manual of Procedure for DAO 2003-30 (2007)

2. Thailand
1996 EIA Regulations on Types of Projects and Activities Requiring EIS and on Standard
Procedures, Regulations and Guidelines
2007 Constitution
Agricultural Economics Act, B.E. 2522 (1979)
Animal Species Maintenance Act (1966)
Archaeological Sites, Antiques, Art Objects
Biodiversity Policy (2009)
Biosafety Guidelines of Thailand (1992)
City Planning Act, B.E. 2518 (1975)
Civil and Commercial Code, B.E. 2468
Community Forest Act (2007)
Constitution of Thailand (2007)
Country Management Plan (2008 – 2011)
Enhancement and Conservation of the Natural Environmental Quality Act, (NEQA,) B.E.
2535 (1992)
Export and Import to the Kingdom Act (1979)
Foreign Business Act, B.E. 2542 (1999)
Forest Plantation Act, B.E. 2535 (1992)
Government Information Act, B.E. 2540 (1997)

Groundwater Act (1977)
Industrial Estate Authority Act, (No. 3) B.E. 2539 (1996)
Investment Promotion Act, (No. 3) B.E. 2544 (1992)
Land Code, B.E. 2526 (1983)
Land Code, BE 2497 (1954)
Land Development Act (LSADA), B.E. 2542 (1999) established the Land Development
Committee