Question & AnswerQ&A (DENR ADMINISTRATIVE ORDER NO. 2018-14)
The primary policy is to ensure that development activities, particularly reclamation projects, do not compromise the people's right to an ecologically balanced environment and that environmental safeguards are in place during such activities.
The guidelines cover reclamation applications over portions of foreshore and submerged areas suitable for reclamation and issuance of special patents, excluding Protected Areas which are closed to reclamation.
Area Clearance is a document issued by the DENR Secretary declaring an area suitable for reclamation.
Qualified applicants include the Philippine Reclamation Authority (PRA), cities, provinces and other LGUs authorized by law to undertake reclamation projects, and other government entities authorized by law to conduct reclamation activities. LGUs and other entities must secure prior clearance or endorsement from PRA before applying to DENR.
An applicant must secure an Area Clearance from the DENR, which includes an Environmental Compliance Certificate (ECC), before starting any reclamation project.
An Area Clearance is valid for five (5) years. If the reclamation project does not start within this period, the permittee must secure an extension subject to validation and necessary supporting documents.
The application must include a project description (with sketch plan, site development plan, reclamation methodology, funding, timeline, and market land values), certification on area status and land classification, geotagged photos, local Sanggunian or Board resolution authorizing reclamation, clearances from concerned government agencies, and a Geohazard Identification Report.
The Composite Team evaluates, reviews, and validates reclamation projects, conducts field inspections to ascertain area suitability, prepares recommendations on Area Clearance issuance, and evaluates requests for extension of Area Clearance.
The DENR Regional Executive Director or EMB can issue a Notice of Violation and Cease-and-Desist Order. The activity is considered unauthorized and violates the terms and conditions of the permit, subjecting the proponent to enforcement actions.
No, Protected Areas identified under the NIPAS system are closed to reclamation and cannot be subjected to reclamation projects.
The proponent must secure a Survey Authority, have the reclamation surveyed and submit the approved survey plan with other required documents to the DENR for issuance of Proclamation declaring the land alienable and disposable, which is then followed by the issuance of a Special Patent by the DENR Secretary.
The fees are P5,000 for the first three hectares and P1,000 for every succeeding hectare or fraction thereof.
Such acts shall not be processed, the lands involved shall be forfeited in favor of the State, and disposal shall be pursuant to CA 141, as amended, and other applicable laws.
Environmental impacts are addressed by requiring an Environmental Compliance Certificate (ECC) as part of Area Clearance, which certifies compliance with the Environmental Impact Assessment (EIA) system and mandates implementing approved Environmental Management Plans.
The MMT assists DENR in monitoring compliance with the terms and conditions of Area Clearances and ECCs and submits regular reports with findings and recommendations to ensure environmental safeguards are met during and after reclamation.