Amendment on Leasing Foreshore and Waters

Act No. 2570 amends Section 5 of Act No. 1654.
Act No. 2570 amends Section 9 of Act No. 1654.
The amended rules govern the leasing of foreshore and lands under water and related administrative powers under Act No. 1654.

The Act authorizes the Governor-General, upon recommendation or approval by the relevant colonial authorities, to designate and lease portions of the foreshore or lands under water for specified uses and to regulate private use permissions, including conditions on fees, revocation, and removal of materials.

Upon receipt of application(s) for lease of any portion of the foreshore or lands under water in the Philippine Islands for erecting and maintaining wharves, docks, piers, marine railways, or other appropriate structures, the Governor-General may designate and specify such portions for such use.
The Governor-General’s designation and lease action is made upon recommendation of the Secretary of Commerce and Police.
The Government must give notice by public advertisement that the applications have been made and that it will lease the specified portion for the listed purposes.
The lease term is not to exceed ninety-nine years, and the lessee has the right to erect and maintain the wharves, docks, piers, marine railways, or other appropriate structures, or make other beneficial use of the leased foreshore or lands as specified in the lease.
The lease remains subject to all vested rights or easements of owners of lands adjacent to the foreshore or lands under water.

The Secretary of Commerce and Police, with the approval of the Governor-General, may grant permission to use any portion of the foreshore or land under water for any lawful private purpose.
The licensee may be required to pay a reasonable fee fixed by the Secretary of Commerce and Police.
The Secretary of Commerce and Police may revoke the permission at any time whenever, in the Secretary’s opinion, the public interests so require.
Within sixty days from receipt of notice of such revocation, the licensee must remove all materials placed or used on any part of the foreshore or land under water pursuant to the permission.
If the licensee fails to remove the materials within the sixty days, the Secretary of Commerce and Police may himself cause removal, and the expenses of removal become a proper charge against the licensee.

Under the direction of the Secretary of Commerce and Police, the Director of Public Works is authorized to enter into contract with the municipalities or provinces concerned.
The contracts are to cover filling, at the expense of the municipalities or provinces, lands not of private ownership situate on or near the foreshore.
Filled lands must be lands that are not necessary for navigation or commerce.
After improvement, the filled lands become subject to disposal by, and the control of, the provinces and municipalities that paid for the improvements, as the case may be.