Title
Use of offshore areas for gov't reclamation projects
Law
Executive Order No. 153
Decision Date
Sep 30, 1999
Joseph Ejercito Estrada authorizes the utilization of offshore areas without approved mining permits as sources of dredgefill materials for government reclamation projects, ensuring compliance with environmental regulations under the supervision of the Department of Environment and Natural Resources.

Q&A (EXECUTIVE ORDER NO. 153)

The main purpose is to authorize the utilization of offshore areas not covered by approved mining permits and contracts as sources of dredgefill materials for government reclamation projects and other purposes.

The 1987 Constitution provides that all lands of the public domain, waters, minerals, coal, petroleum, and other natural resources are owned by the State.

The Department of Environment and Natural Resources (DENR) is the primary government agency responsible for the conservation, management, development, and proper use of the State’s mineral resources.

The NRDC, as a government corporation and corporate arm of the DENR, is mandated to help promote the development of the country’s natural resources and may undertake quarry operations in borrow areas when the winning bidder does not qualify.

The MGB has direct charge in the administration and disposition of mineral lands and mineral resources both inland and offshore, including the approval of mining right applications over areas not utilized for reclamation projects.

The PEA is responsible for integrating, directing, and coordinating all reclamation projects for and on behalf of the National Government, including approval of bids for contracts of work for reclamation projects.

Yes, the government through DENR, NRDC, and PEA may utilize such areas, including those with pending mining applications, as borrow areas for dredgefill materials.

These activities must be monitored by DENR for compliance with existing mining and environmental laws, rules, regulations, and other applicable guidelines.

If the winning bidder fails to meet the qualification requirements, DENR through NRDC shall be the permittee to undertake quarry operations in the borrow areas.

The fees collected shall be shared as follows: 41% to NRDC, 40% to PEA, and 20% to the concerned Local Government Unit(s).

The Department of Environment and Natural Resources (DENR) and the Public Estates Authority (PEA) are responsible for formulating and issuing the necessary rules and regulations.


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