BOT Law Provision on Reclaimed Land Grant
- Section 6 of RA No. 6957, as amended by RA No. 7718 (the Build-Operate-and-Transfer Law) authorizes the granting of reclaimed lands as payment to private partners.
- This authorization applies to financing, construction, operation, and maintenance of infrastructure projects under BOT arrangements.
Jurisdiction Over Public Domain Lands
- Executive Order No. 292 (Administrative Code of 1987) vests exclusive jurisdiction over classification and management of lands of the public domain in the Department of Environment and Natural Resources (DENR).
Project Approval and Implementation Structure
- The NEDA Board approved the Laguna Lakeshore Expressway Dike Project (LLEDP).
- The Department of Public Works and Highways (DPWH) is designated as the Implementing Agency.
- The LLDA is a Cooperating Agency.
- The project is implemented as a public-private partnership (PPP) under the BOT Law.
- The Philippine Reclamation Authority (PRA) supports the project.
Reclassification of Land
- DENR is tasked to carry out necessary acts for reclassifying the lands to be reclaimed as alienable and disposable lands of the public domain.
- Reclassification must comply strictly with all applicable laws, rules, regulations, and procedures.
Creation and Role of the Inter-Agency Technical Committee (IATC)
- The IATC consists of technical representatives from DPWH, LLDA, DENR, and PRA.
- The Committee's mandates include:
- Assisting DPWH and LLDA in project implementation.
- Resolving issues arising in the course of project implementation.
- Ensuring compliance with the full spectrum of applicable laws and regulations in areas such as:
- Relocation of affected inhabitants.
- Waste management.
- Reclamation processes.
- Environmental protection.
- Property development.
- Construction activities.
Repeal of Inconsistent Orders
- Any orders or issuances conflicting with the provisions of this Executive Order are repealed or modified to the extent necessary.
Separability Clause
- Declaration of any part of this Order as invalid or unconstitutional does not affect the validity of the remaining provisions.
Effectivity
- The Executive Order takes effect immediately upon issuance on March 22, 2016.