Title
Regulating Use of Laguna de Bay Shoreland Areas
Law
Llda No. 23, S. 1996
Decision Date
Sep 26, 1996
The Implementing Guidelines of Sec. 41 (11) of R.A. 4850, as amended, regulate the use/occupancy of the Laguna de Bay Shoreland Areas, allowing certain uses such as tree farming and recreational activities, while prohibiting activities that may cause pollution or ecological disturbance to the lake.

Questions (LLDA Resolution NO. 23, S. 1996)

It is the part of the lakebed along the lakeshore at elevation 12.50 meters and below, alternately submerged or exposed by the normal annual rising and lowering of lake levels; it is described as a linear strip/open space used to separate incompatible uses and control pollution/nuisance.

Coverage includes areas “below elevation 12.50 meters,” also referred to as a datum 10.00 meters below Mean Lower Low Water (M.L.L.W.).

To properly manage and control shoreland use/occupancy within socio-economic and environmental plans; maintain shoreland areas below 12.50m as buffer zones for water quality protection; exercise administrative/regulatory control over land use/occupancy; and provide an administrative system respecting the rights of legitimate titleholders.

Yes. The Annex states that use of Laguna de Bay shoreland areas shall be strictly regulated, with specific allowable and prohibited uses.

Allowable uses include: tree farming/planting; recreational use without permanent structures; agricultural use subject to fertilizer/pesticide/IPM and no reclamation/backfilling; fishponds (but no exotic species); backyard-scale poultry (<501 birds); and support facilities such as dockyard/boat shed, research facilities, and fishport; plus other uses not posing pollution/ecological disturbance subject to LLDA evaluation/approval.

Prohibited: piggery farms regardless of headcount; dumpsites; housing projects/subdivisions; factories and other manufacturing/commercial establishments; quarrying; and all other activities that will pose pollution and cause ecological disturbance to the lake.

Their titles are respected, but any utilization of these lands for whatever purpose is subject to issuance of a Clearance by the LLDA.

No. It provides that no existing titled lands below 12.50m shall be allowed to proceed with development/activity that will pose problems on lake pollution, water quality management, and environmental control, in line with Article 8 guidelines.

They shall be opposed in the DENR–Bureau of Lands and/or in court, as the case may be.

Yes. Shoreland areas not covered by any government development plans/programs/projects may be leased to bona fide residents or duly organized people’s organizations, associations, or cooperatives, subject to LLDA approval and lease terms/conditions.

LLDA, in coordination with concerned Local Government Units (LGUs), monitors and enforces compliance.

Examples include: (1) monitoring on-going/existing projects in leased areas; (2) issuing notices of violation and orders to occupants violating the rules and referring subsequent actions to the General Manager; (3) conducting technical/field verifications and spot checks; (4) calling upon/coordination with the Legal Division for enforcement actions/remedies; (5) acting on complaints, including opposition to lease/permits, and referring them for sanctions consistent with law; (6) forwarding appeals/decisions and records to the General Manager.

Quarterly reports of accomplishments/activities must be prepared and submitted to the Board of Directors through the Chairman and General Manager, including duplicate copies of clearances, permits, orders, decisions, exceptions allowed, or actions taken.

Fifteen (15) days after publication in a newspaper of general circulation.

“Backyard scale” refers to poultry with a population of less than 501 birds. It is legally relevant because poultry is allowable only at backyard scale; larger operations would conflict with the regulatory scheme (and may be treated as prohibited/pollution-disturbance depending on application).


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