QuestionsQuestions (DENR ADMINISTRATIVE ORDER NO. 98-67, S. 1998)
DAO 98-67 cites Section 6(d) of Republic Act No. 8172 (ASIN Law) as the legal basis.
They include: (1) providing criteria and guidelines for identification/classification/awarding of areas for salt production; (2) encouraging salt production and supporting the government’s food security program; (3) generating job opportunities for low-income earners in the countryside; (4) providing procedures for monitoring and adoption of anti-pollution control measures; and (5) registering/enlisting all salt producers or public land salt production in the country.
A saltfarm refers to any foreshore areas devoted/utilized for salt production.
An SPSA is a contract entered into between the DENR and a person/corporation/association/partnership for the use of public lands for salt production.
Available areas include: (1) areas currently devoted to salt production and areas with natural salt deposits; and (2) foreshore areas free from mangrove vegetation, corals, and seagrass population.
Excluded areas include: foreshore areas delineated for bathing purposes; areas designated as municipal fishery reserves (and equivalent); areas designated as core and buffer zones of the Protected Area System and similar reservations; areas designed as Type SD of water classification under DAO 34 (1990); and areas covered by existing and valid tenurial instruments.
It should be an extensive tidal flat with good drainage, situated at least 100 meters from any river mouth, free from floods and storm surge, and with generally flat or gently sloping peripheral terrain at least 1 kilometer from its boundaries.
Preferably within Climatic Type I (Corona classification), exposed to the north-east and easterly winds, with below-normal precipitation level.
The salinity of water during the salt production period should be at least (stated) “parts per thousand (ppt.)” with higher being better; the water should be free from contamination such as sewage and industrial/agricultural run-off/pollutants; and tidal fluctuations preferably should vary within a 1-meter range.
Soil should range from silty clay to clay loam, with pH value of slightly acidic or within pH range of 6–7.
The proposed area should be at most 4 km but not less than 2 km from settlements; it should have source of freshwater (without competing with local population), be accessible all year, and have access to ready source of materials.
CENROs identify areas in the public domain (existing salt production areas and natural/rock salt deposits) and submit reports (e.g., actual area used, leased area, optimum/actual production volume, direct beneficiaries, tenurial status, awarding/expiry dates) to the Task Force Mangrove/Asin for compilation and publication. The Secretary then declares areas available for salt production, published in a newspaper of general circulation.
For the first three years, potential areas are validated by the Task Force Mangrove/Asin. The task force prioritizes areas covering at least 100 hectares and prepares a validation report including: potential environmental risk; municipal development plan; assessment of current use and displacement impact; and a public dialogue with affected communities. For areas under 10 hectares, regional offices dispatch a validation team to conduct similar activities.
Any Filipino citizen of legal age; or any corporation/association/cooperative duly constituted under Philippine laws with at least 60% Filipino-owned capital. Preference is given to applicants who are residents of the area, community-based organizations, and corporations practicing environmental conservation prior to application.
A letter of application; receipt of application fee; development plan; feasibility studies; endorsement letter from affected barangays and municipalities; and for corporations/associations/cooperatives: certificate of registration, letters of incorporation and by-laws, directory of officers, track record, and financial records for the past three years.
Individual: not more than 5 hectares. Association/Cooperative: not more than 100 hectares or not exceeding the area of the barangay political jurisdiction where based. Corporations/Foundation/other groups: not more than 500 hectares, and the applied site must be contiguous.
The SPSA holder must complete development of the whole site within 5 years, with at least 80% fully developed by the third year. If there is a violation, areas underdeveloped shall be reverted for mangrove forest purposes. If the agreed production volume is not attained on the seventh year, the area shall be made available for other applicants.
An SPSA lasts 25 years and is renewable for another 25 years. It may be suspended or cancelled if the SPSA holder violates the SPSA terms and conditions.