Title
Use of Offshore Areas for Reclamation Materials
Law
Executive Order No. 153
Decision Date
Sep 30, 1999
Executive Order No. 153 grants the Public Estates Authority (PEA) the authority to coordinate reclamation projects on behalf of the government, emphasizing the state's ownership and control over natural resources and establishing guidelines for the utilization of offshore areas.
A

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 related purposes.

The Department of Environment and Natural Resources (DENR), the Natural Resources Development Corporation (NRDC), and the Public Estates Authority (PEA) are primarily responsible.

The government through the DENR, NRDC, and PEA has the right to utilize those areas as borrow areas for dredgefill materials for reclamation projects.

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

The PEA is responsible for approving bids for reclamation project contracts and ensuring that the winning bidder has priority rights to use identified borrow areas subject to qualification requirements under R.A. No. 7942.

The DENR through the NRDC shall be the permittee to undertake quarry operations in the borrow areas and may use service contractors for this purpose.

Taxes and royalties are collected from permittees and/or contractors/subcontractors as provided by law. The DENR or NRDC is authorized to collect management, service, environmental user, and other fees.

Fees are shared as follows: 41% to NRDC, 40% to PEA, and 20% to the concerned Local Government Unit(s).

Offshore areas are considered fragile environments and any dredging or mining operation must be monitored by the DENR to ensure compliance with existing mining and environmental laws, rules, and regulations.

It took effect fifteen (15) days upon publication in a newspaper of general circulation after its signing on September 30, 1999.


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