Title
Revocation of Foreshore Lease Authority
Law
Denr Administrative Order No. 2006-01
Decision Date
Jan 16, 2006
The revocation of delegated authority to the PENRO and RED mandates that lessees of foreshore lease agreements must now obtain prior consent from the Office of the Secretary before assigning, encumbering, or subletting their leasehold rights.
A

Q&A (DENR ADMINISTRATIVE ORDER NO. 2006-01)

DENR Administrative Order No. 2006-01 takes effect immediately upon its adoption on January 16, 2006.

Section 15, Paragraph 1 of DAO No. 2004-24 concerned the delegation of authority to the Provincial Environment and Natural Resources Officers (PENRO) and Regional Executive Directors (RED) relative to the approval of transfers of foreshore lease rights.

The main purpose of DAO No. 2006-01 is to revoke the delegation of authority to PENRO and RED to approve transfers of foreshore lease rights and to require prior consent from the Office of the Secretary for assignments, encumbrances, or subleases under foreshore lease agreements.

No, lessees shall not assign, encumber, or sublet their foreshore leasehold rights without prior consent issued by the Office of the Secretary.

The PENRO or RED shall continue to receive, process, and prepare complete staff work on new and pending applications or requests for assignments, encumbrances, or subleases.

Applications and recommendations shall be submitted to the Office of the Secretary through the Assistant Secretary for General Legal Services for consideration and approval.

Yes, it revokes and supersedes all orders inconsistent with its provisions.

Involvement of the Office of the Secretary centralizes authority and ensures careful evaluation of assignments, encumbrances, or subleases of foreshore lease rights, preventing delegated approvals at regional or provincial levels.

The Order was signed by Michael T. Defensor in his capacity as Secretary of the Department of Environment and Natural Resources.

It governs the administration and management of foreshore lands specifically related to the approval process for transferring foreshore lease rights through assignment, encumbrance, or sublease.


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