QuestionsQuestions (PRESIDENTIAL DECREE NO. 813)
It declared the national policy to promote and accelerate the balanced development of the Laguna Lake region within national and regional development plans, with due regard for environmental management and control, preservation of the quality of human life and ecological systems, and the prevention of undue ecological disturbances, deterioration, and pollution.
It makes the Authority’s comprehensive development plan effective only upon approval by the NEDA Board; after approval, the Authority implements the plan including projects aligned with it.
Prior consensus of the Bureau of Fisheries and Aquatic Resources is required to ensure consistency with national fisheries plans and programs.
It can pass upon and approve or disapprove plans, programs, and projects proposed by local government offices/agencies and other entities, and it may issue clearances for approved proposals within thirty days unless proposals are inconsistent with its plans or would contribute to unmanageable pollution or ecological imbalance.
They may appeal to the NEDA within fifteen (15) days from receipt of disapproval, and the NEDA decision is final.
It is empowered to institute necessary legal proceedings against any person who commences or continues implementation of a project, plan, or program within the Laguna de Bay region without previous clearance from the Authority.
If the Authority finances wholly or in part a project, it may collect reasonable fees and tolls fixed by its Board subject to NEDA Board approval from users/beneficiaries to recover construction, operation, and maintenance costs.
It may receive financial assistance from the government in an amount necessary to carry out the project, subject to terms and conditions imposed by the government upon recommendation of the NEDA Board.
The reclaimed land becomes the property of the Authority with title vested in it. The resulting lakeshore area continues to be owned by the national government.
The Authority has exclusive jurisdiction to issue new permits for any projects or activities in or affecting the lake, including navigation and fishpens/fish enclosures/fish corrals, and it can impose safeguards for lake quality control and management and collect necessary fees.
It provides that fisheries fees may be shared between the Authority and other government agencies and political subdivisions in proportions determined by the President upon recommendation of the Authority’s Board.
It requires cities and municipalities embraced within the region to pass appropriate zoning ordinances and other regulatory measures necessary to carry out the Authority’s objectives and to enforce them with the Authority’s assistance.
If there is a conflict on the appropriate water quality standard to be enforced, the conflict is resolved through the NEDA Board.
Section 4-A authorizes compensation for damages to water and aquatic resources resulting from failure to meet established water/effluent standards or other wrongful acts/omissions punishable under law, with awards earmarked for water quality control and management. Section 4-B empowers the Authority to collect annual fees for use of lake waters and tributaries for beneficial purposes, with rates subject to Presidential approval, and fees used for management and development of the lake and its watershed.
Violations are punishable by imprisonment not exceeding three years or a fine not exceeding Five Thousand Pesos or both at the court’s discretion (and if violator is a corporation, responsible officers are liable). The Authority may also pursue separate civil actions for damages from infractions and/or from conditions embodied in clearances or permits.
It placed the Authority directly under NEDA for policy and program integration (34-A), required submission of audited financial statements to NEDA within 60 days after the fiscal year close and allowed operations on not more than the preceding year’s budget until submission (34-B), and empowered NEDA to initiate a management audit when there is reasonable ground of mismanagement and take appropriate measures if mismanagement is found (34-C).
The Board has eight (8) members: Executive Secretary, Secretary of Economic Planning, Secretary of Natural Resources, Secretary of Industry, representatives of Laguna and Rizal provinces, the General Manager, and a representative of private investors appointed by the President from a list of recommendees. The private investor representative remains member until the President appoints a successor.