QuestionsQuestions (DENR ADMINISTRATIVE ORDER NO. 2009-07)
It amends specific sections of DAO 2007-20 to clarify issues on the issuance of permits for reclamation projects, particularly by revising the concept and the requirement of authorization/clearance.
DAO 2009-07 amends DAO 2007-20. It specifically amends Section 4.1 (definition of terms) and Section 5 (clearance prior to conduct of reclamation projects).
“Area Clearance” is a document issued by the DENR Secretary authorizing or permitting an applicant to undertake a reclamation project over an applied area, subject to conditions including environmental mitigation and enhancement measures.
No reclamation project may be undertaken, conducted, or implemented unless area clearance is first secured from the DENR.
The area clearance is valid for one (1) year.
The reclamation project must be implemented or must commence within the one-year validity period.
The permittee must secure a new area clearance.
All references to “reclamation permit(s)” are to be interpreted as “area clearance.”
Only the inconsistent references/provisions are amended; all other provisions of DAO 2007-20 not inconsistent remain valid.
DAO 2009-07 cites Executive Order No. 672 (Oct. 19, 2007). Its citation generally signifies that the DAO is issued pursuant to authority granted by the EO.
It takes effect fifteen (15) days after complete publication in a newspaper of general circulation and fifteen (15) days from the date of filing with the Office of the National Administrative Register (ONAR).
ONAR refers to the Office of the National Administrative Register. Filing there is relevant for publication/recording requirements and for the effective implementation of administrative rules.
The applicant must first secure area clearance from the DENR, observe the stated conditions (including environmental mitigation/enhancement), and ensure commencement/implementation within one year.
It shifts the terminology: what was previously referred to as “reclamation permits” is now treated as “area clearance,” with the corresponding validity and compliance requirements.