Definition of Terms
- Port Zone: Area proclaimed by the President for port use.
- Foreshore: Land between high and low watermarks, alternately covered and dry due to tides but outside port zones.
- Foreshore Lease Agreement for Pier Purposes: Lease contract issued by the DENR for foreshore/offshore areas, renewable for up to 25 years each term.
- Private Port: Privately owned port facilities authorized by the government, classified as:
- Private Non-Commercial Port: For own business use without public services.
- Private Commercial Port: Offers port services as its principal business.
- Private River Port: Located along a river.
- Marina: Non-commercial port for motorboats and yachts only.
General Policy Statements
- Encourages private port development and operation subject to national security and safety.
- Approval needed for private ports; private non-commercial, river ports and marinas approved by General Manager; others require PPA Board approval.
- Certificates and permits are valid for 25 years, renewable but co-terminus with foreshore lease. Non-renewal results in ownership transfer to PPA unless land is reclaimed.
- Expired contracts may be re-leased to previous owners.
- Operating permit authorizes operation for the specified duration.
Evaluation Criteria for Applications
- Applications must comply with this Order and government laws.
- Private commercial ports require a minimum 1 concrete berth, 65 meters length, and 5 meters draft.
- Applications include site details, project scope and specs, port layout plans, and company profile.
Clearance to Develop Private Port Facilities
- Formal letter of intent filed with Port Management Office (PMO).
- PMO evaluates in two weeks, issues no objection certification, informs applicant of PPA plans.
- Port District Office concurs within two weeks; endorses to Commercial Services Department (CSD).
- CSD processes within four weeks, notifies applicant on denial or approval, escalates to AGM Operations and General Manager, and if commercial port, to PPA Board.
- Clearance notification issued upon approval.
PPA Certification for Foreshore Lease Applications
- PPA certification aligning applied area with PPA plans is requisite for DENR foreshore lease.
- Certification can be issued by Port Manager without DENR request.
- PMOs and CSD receive updated development plans.
Permit to Construct Application
- After DENR lease issuance, submit construction plans and application for Permit to Construct.
- CSD informs Port District Manager (PDM) on board clearance.
- PDM evaluates within three weeks.
- Upon approval, issues billing notice and permit upon fee payment:
- Below P10M project cost: P10,000
- Above P10M: P10,000 + 0.1% of excess, max P100,000.
Certificate of Registration and Permit to Operate
- New port investors and existing operators must register within three weeks after document submission.
- Only registered ports qualify for discounted port dues.
- Ports handling both commercial and non-commercial cargoes are deemed commercial.
- Existing operators without permits must register within 30 days or lose privileges.
- PMO submits registration status biannually.
- Moratorium on 100% port charges on unregistered ports until May 30, 1996.
Cargo Handling Permit
- Registered private ports may undertake cargo handling operations.
- Must submit required periodic operational reports.
Privilege Fee
- Annual fees for permits:
- Private commercial ports: P20,000
- Private non-commercial ports: P10,000
- Marina and private river ports: P5,000
- Fee also applies to cargo operations at anchorage linked to registered ports.
Improvement Requests
- Requests for expansion or rehabilitation approved by District Manager after evaluation by Engineering Services Division.
- Approved requests copied to Port District Director and CSD.
Transfer of Operating Permits
- Transfers or sales of permits require prior written clearance from the Authority.
Management of Expired Foreshore Leases and Permits
- PMOs monitor private ports and notify for renewal at least 30 days before expiry.
- Non-renewal construed as turnover of ownership to PPA.
- District Manager authorized to sign turnover documents for the Authority.
- Privileges cease upon expiration except for a 6-month grace period if renewal application is timely submitted.
- Ports with expired leases but no renewal can avail discounted dues if covered by a lease agreement with PPA.
- AGMOps assesses expired leases for feasibility and prepares lease agreements.
Penalties
- Violations subject to penalties under Section 43 of PD 857.
- Unauthorized construction without clearance and permit incurs minimum P20,000 penalty plus permit fees.
Visitorial Powers
- PPA officials may inspect private port premises anytime in the exercise of supervisory authority.
Document Repository
- All related documents and records must be submitted to CSD for safekeeping and reference.
Repealing Clause
- Repeals all inconsistent orders, rules, policies, memoranda.
Separability Clause
- Invalidity of any provision does not affect the rest of the Order.
Effectivity
- Effective 15 days after publication in a newspaper of general circulation.