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    Review Notes_Art 4 "Clean Water Act"

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    Vittoria Vcm

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    Review Notes_Art 4 "Clean Water Act"

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    Vittoria Vcm
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    4 views1 page

    Review Notes_Art 4 "Clean Water Act"

    Uploaded by

    Vittoria Vcm

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    © All Rights Reserved
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    CHAPTER 4

    INCENTIVES AND REWARDS


    SEC. 25. Rewards. - Rewards, monetary or otherwise, shall be provided to individuals, private organization and
    entities, including civil society, that have undertaken outstanding and innovative projects, technologies, processes
    and techniques or activities in water quality management. Said

    rewards shall be sourced from the Water Quality Management Fund herein created.

    SEC. 26. Incentives Scheme. - An incentive scheme is hereby provided for the purpose of encouraging LGUs, water
    districts (WDs), enterprises, or private entities, and individuals, to develop or undertake an effective water quality
    management, or actively participate in any program geared towards the promotion thereof as provided in this Act.

    A. Non-fiscal Incentive
    1. Inclusion in the Investments Priority Plan (IPP). – Subject to the rules and regulations of the Board of Investments
    (BOI), industrial wastewater treatment and/or adoption of water pollution control technology, cleaner production and
    waste minimization technology shall be classified as preferred areas of investment under its annual priority plan and
    shall enjoy the applicable fiscal and non-fiscal incentives as may be provided for under the Omnibus Investment
    Code, as amended.

    12

    Fiscal Incentives
    1. Tax and Duty Exemption on Imported Capital Equipment - Within ten (10) years upon the effectivity of this Act,
    LGUs, WDs, enterprises or private entities shall enjoy tax-and-duty-free importation of machinery, equipment and
    spare parts used for industrial wastewater treatment/collection and treatment facilities: Provided, That the importation
    of such machinery, equipment and spare parts shall comply with the following conditions:
    a) They are not manufactured domestically in sufficient quantity, of comparable quality and at reasonable prices;
    b) They are reasonably needed and will be used actually, directly and exclusively for the above mentioned activities;
    and
    c) Written endorsement by the Department that the importation of such machinery, equipment and spare parts would
    be beneficial to environmental protection and management: Provided, further, That the sale, transfer or disposition of
    such machinery, equipment and spare parts without prior approval of the BOI within five (5) years from the date of
    acquisition shall be prohibited, otherwise the LGU concerned, WD, enterprise or private entity and the concerned
    vendee, transferee or assignee shall be solidarily liable to pay twice the amount of tax and duty exemption given it.
    2. Tax Credit on Domestic Capital Equipment - Within ten (10) years from the effectivity of this Act, a tax credit
    equivalent to one hundred percent (100%) of the value of the national internal revenue taxes and customs duties that
    would have been waived on the machinery, equipment, and spare parts, had these items been imported shall be
    given to enterprises or private entities and individuals, subject to the same conditions and prohibition cited in the
    preceding paragraph.
    3. Tax and Duty Exemption of Donations, Legacies and Gifts - All legacies, gifts and donations to LGUs, WDs,
    enterprises, or private entities and individuals, for the support and maintenance of the program for effective water
    quality management shall be exempt from donor’s tax and shall be deductible from the gross income of the donor for
    income tax purposes. Imported articles donated to, or for the account of any LGUs, WDs, local water utilities,
    enterprises, or private entities and individuals to be exclusively used for water quality management programs shall be
    exempted from the payment of customs duties and applicable internal revenue taxes. Industrial wastewater treatment
    and/or installation of water pollution control devices shall be classified as pioneer and preferred areas of investment
    under the BOI’s annual priority plan and shall enjoy the applicable fiscal and non-fiscal incentives as may be provided
    for under the Omnibus Investment Code, as amended.

    B. Financial Assistance Program


    Government financial institutions such as the Development Bank of the Philippines, Land Bank of the Philippines,
    Government Service Insurance System, and such other government institutions providing financial services shall, in
    accordance with and to the extent allowed by the enabling provisions of their respective charters or applicable laws,
    accord high priority to extend financial services to LGUs, WDs, enterprises, or private entities engaged in sewage
    collection and treatment facilities.

    C. Extension of Grants to LGUs


    Cities and municipalities which shall establish or operate sewerage facilities may be entitled to receive grants for the
    purpose of developing technical capabilities.

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