Non-Negotiable and Highly Restricted Areas for Conversion
- Non-negotiable areas include:
- Protected areas under NIPAS like watersheds and aquifer recharge areas.
- All irrigated lands and those programmed for irrigation rehabilitation.
- Lands under irrigation projects with firm funding commitments.
- Highly restricted areas include:
- Irrigable lands without firm irrigation funding.
- Agro-industrial croplands supporting economic viability.
- Highlands above 500m suitable for semi-temperate crops.
- Lands under agrarian reform acquisition or subject to perfected voluntary land transfer agreements.
- Environmentally critical areas under DENR’s jurisdiction.
- Conversion in highly restricted areas requires social benefit cost analysis and compliance with environmental impact assessments.
Conversion Exceptions and Benefits for Affected Farmers
- Conversion of priority agri-industrial sites, tourism development, and socialized housing may be allowed with required environmental compliance.
- Farmers affected by conversion must receive sufficient disturbance compensation and support for livelihood transition including capital, training, relocation, and employment priority.
- Investment options such as joint ventures between developers and stakeholders are encouraged.
Application Procedures for Land Conversion
- Land use reclassification by LGUs requires an approved Comprehensive Land Use Plan and certifications from:
- HLURB on total zoned agricultural land.
- NIA confirming non-inclusion in protected irrigation areas.
- DAR verifying no agrarian reform coverage.
- DENR confirming alienable/disposable land status.
- DAR applications for conversion must have certifications from DA (viability and restriction status), DENR (environmental status and ECC where applicable), NIA, and HLURB (reclassification approval).
- Appeals from DAR decisions go to the Office of the President.
- Replacement of irrigated lands is required when conversion affects them.
Definitions of Key Terms
- Agricultural Lands: Lands devoted to farming, excluding mineral, forest, residential, commercial, and industrial classifications.
- Aquifer Recharge Areas: Sources replenishing groundwater.
- Environmentally Critical Areas: Legally declared natural parks, wildlife habitats, historic sites, endangered species habitats, critical slopes, and vulnerable zones.
- Highly Restricted Areas: Productive agricultural lands with efficient crop-growing potential.
- Land Use: Manner of land allocation, development, and management.
- Land Use Conversion: Changing agricultural land for non-agricultural purposes.
- Network of Protected Areas for Agriculture: Land reserved for farming, including irrigated and suitable croplands.
- Prime Agricultural Lands: Lands yielding optimum, sustainable agricultural production with minimal inputs.
- Socialized Housing: Government or private sector housing for low-income and homeless beneficiaries.
- Special Economic Zones: Designated areas for specialized industrial, commercial, or tourism development.
- Zoning and Zoning Ordinance: Division of land into functional zones with specific use regulations.
Monitoring Compliance with Section 20 of RA 7160
- Cities and municipalities must adhere to Joint HLURB, DAR, DA, and DILG guidelines for agricultural land reclassification.
Penalties and Sanctions
- Prohibited acts include:
- Conversion attempts to evade agrarian reform law.
- Illegal sale, transfer, or occupation of protected lands.
- Unauthorized construction and business in protected areas.
- Failure to comply with housing project undertakings.
- Misrepresentation in conversion applications.
- Unapproved conversion activities.
- Operating without environmental compliance certificates.
- Violations of environmental impact requirements.
Transitory Provisions and Agency Responsibilities
- Government agencies required to harmonize procedures within 60 days.
- Department of Agriculture to update protected agricultural land maps, set criteria for agricultural viability, and develop social benefit cost analyses.
- DENR to prepare and validate protected area maps and identify environmentally critical zones.
- DAR to identify lands under agrarian reform processes.
- HLURB to design monitoring systems for conversion.
- DILG to enforce LGU compliance for land use plans.
- DA Network remains the guide pending presidential approval of protected areas delineation.
Repealing and Effectivity Clauses
- Inconsistent issuances repealed or modified.
- The Administrative Order takes effect ten days after publication in two national newspapers.