Law Summary
Scope and Coverage
- Governs all reclamation applications over foreshore and submerged areas suitable and available for reclamation.
- Covers issuance of special patents over reclaimed lands, including those existing before the Order's effectivity.
- Protected Areas are strictly excluded from reclamation.
Objective
- Prescribes rational procedures and requirements for Area Clearance in reclamation projects.
- Ensures environmental protection and biodiversity conservation principles are integrated.
- Aligns with sustainable development goals.
Definition of Key Terms
- Area Clearance: DENR-issued document declaring area suitable for reclamation.
- ECC: Certification that the project will not cause significant environmental impact and complies with EIA system.
- EIA: Process evaluating impacts of projects on environment and community welfare.
- Foreshore: Shore part alternately covered/uncovered by tides.
- GIR: Report identifying present geohazards on project site.
- Land Classification: Demarcation of public lands as agricultural, forest, mineral, or national parks.
- Multipartite Monitoring Team (MMT): Independent stakeholder group monitoring compliance post-ECC.
- Prequalification: Evaluation if area is legally available for reclamation.
- Proclamation: Presidential declaration making reclaimed land alienable and disposable.
- Protected Areas: Areas under NIPAS system closed to reclamation.
- Project Description, Reclamation, Survey Plans, and other related terms comprehensively defined.
Clearance Prior to Reclamation Projects
- No reclamation without prior Area Clearance from DENR, integrating ECC requirements.
- Clearance valid for five years; extensions subject to validation.
- Ensures clearance use adheres to its intended purpose.
Qualified Applicants
- Philippine Reclamation Authority (PRA).
- LGUs authorized by law for reclamation.
- Other government entities legally authorized.
- Non-PRA applicants must secure PRA clearance before DENR application.
Composite Team Creation and Functions
- RED to create Composite Team within 15 days via Regional Special Order.
- Team includes DENR divisions, MGB, EMB, PENR/CENR offices, and possibly NAMRIA, LLDA representatives.
- Tasks: Evaluate reclamation applications, conduct field inspections, prepare recommendations on Area Clearance issuance, and validate extensions.
Application Requirements for Area Clearance
- Project Description: Includes sketch plan, site development plan with usage, site description, fill material sources, methodology, costs, funding, timetable, and market valuations.
- Certification of area status and land classification.
- Geotagged photos of site.
- Authorization resolutions from LGU or government corporation.
- Clearances from relevant government agencies depending on location and project.
- Geohazard Identification Report.
Processing of Area Clearance Application
- Application filed with ORED with specified fees.
- LPDD evaluates application completeness and applicant qualification.
- Composite Team conducts site inspection and gathers pertinent maps and data.
- Inspection cost borne by applicant.
- Team submits narrative report with area status and recommendations.
- If area qualified, applicant instructed to submit project description for EMB scoping and ECC process.
- Upon ECC issuance, Team recommends Area Clearance issuance.
- Secretary approves and issues Area Clearance; RED transmits to applicant.
Reclamation Survey and Land Titling Procedures
- Post-reclamation survey authority requested from CENRO/PENRO or DENR NCR Regional Office.
- Survey considers political boundaries if area spans multiple LGUs/Regions.
- Request for Proclamation and Special Patent filed with ORED.
- Requirements: approved plan, geotagged photos, and Area Clearance documents.
- Composite Team performs ocular inspection on completion; cost borne by applicant.
- RED prepares Complete Staff Work, draft Proclamation, and submits for Secretary's and President's approval.
- DENR Secretary issues Special Patent after Proclamation.
Development Within Reclaimed Lands
- All projects within reclaimed lands subject to programmatic EIA requirements.
Rules for Existing Reclaimed Lands
- Similar procedures for Survey Authority issuance and application for Proclamation and Special Patent.
- Applications require survey plans, photos, government clearances, land status certification, EIS/ECC copies, approval resolutions, and reclamation history.
- Thorough Composite Team inspection and evaluation before recommendation.
- Proclamation and Special Patent issued post approval process involving Secretary and President.
Jurisdiction and Civil Works on Reclaimed Areas
- DENR retains supervision and fee collection over reclaimed lands with tenurial instruments.
- Ancillary civil works (e.g., breakwaters) not considered reclamation but require EIA compliance.
Unauthorized Reclamation
- Unauthorized reclamation and illegal claims for Proclamation/Special Patent rejected.
- Land subject to forfeiture to State under PD No. 3-A and applicable laws.
Monitoring and Enforcement
- Multipartite Monitoring Team assists DENR in monitoring compliance with Area Clearance and ECC.
- DENR authorized to issue Notices of Violation and Cease-and-Desist Orders for non-compliance or unpermitted reclamation.
Application of Easement, Buffer, and Salvage Zone Laws
- Laws on easements, buffers, salvage zones, and zoning ordinances apply during survey, approval, and Proclamation issuance.
- Salvage zones under Law of Waters and CA 141 must be maintained, demarcated, and cannot be disposed.
Funding
- Initial implementation funds allocated by RED; subsequent funding from regular Regional/field office budgets.
Transitory Provisions
- Order applies to all reclamation projects including those initiated before EO No. 146, s. 2013.
Repealing Clause
- Previous relevant DAO orders repealed.
- All inconsistent issuances amended or revoked accordingly.
Separability Clause
- Invalidity of any provision does not affect remaining provisions which continue to be effective.
Effectivity
- Order takes effect 15 days after publication and acknowledgment by ONAR and UP Law Center.