Amendment to DENR Rules on Reclamation Permits

Executive Order No. 672 (October 19, 2007) is the legal basis for issuing DENR Administrative Order No. 2009-07.
DENR Administrative Order No. 2009-07 amends Section 4.1 and Section 5 of DENR Administrative Order No. 2007-20.
DENR Administrative Order No. 2009-07 clarifies issues on the issuance of permit over reclamation projects.

The amendment is issued to clarify issues on the issuance of permit over reclamation projects.
Section 4.1 is amended to define “Area Clearance.”
Section 5 is amended to require clearance before reclamation work is undertaken, conducted, and implemented.

Section 4 (4.1) defines “Area Clearance” as a document issued by the DENR Secretary providing authorization or permit to an applicant to undertake a reclamation project over an applied area.
Section 4 (4.1) provides that the authorization includes conditions, including environmental mitigation and enhancement measures.

Section 5 requires that no reclamation project shall be undertaken, conducted, or implemented unless the area clearance is first secured from DENR.
Section 5 makes the area clearance valid for one year.
Section 5 requires that reclamation projects be implemented or must commence within the one-year validity period.
Section 5 provides that if the project is not implemented or does not commence within the validity period, the permittee must secure a new area clearance.
Section 5 states the clearance is required to ensure it is used for the purpose for which it was issued.

The repealing clause requires that all references to “reclamation permit” be interpreted as “area clearance.”
The repealing clause preserves the effect of all other provisions of DENR Administrative Order No. 2007-20 that are not inconsistent with DENR Administrative Order No. 2009-07.
DENR Administrative Order No. 2009-07 limits its operative changes to its amendments to Section 4.1 and Section 5.

Effectivity requires complete publication in a newspaper of general circulation.
Effectivity provides that the Order takes effect fifteen (15) days after complete publication.
Effectivity also provides that the Order takes effect fifteen (15) days from the date of filing with the Office of the National Administrative Register (ONAR).
DENR Administrative Order No. 2009-07 specifies dual effectivity triggers: 15 days after complete newspaper publication and 15 days from ONAR filing.

The repealing clause interprets references to “reclamation permit” as “area clearance.”
DENR Administrative Order No. 2009-07 retains the validity of all other provisions of DENR Administrative Order No. 2007-20 that are not inconsistent with the amendments.