Law Summary
Definition of Locational Clearance
- Locational Clearance is an official permit issued by the Housing and Land Use Regulatory Board (HLURB) granting authorization for the location of poultry and piggery operations.
- The clearance ensures that the proposed sites meet zoning, environmental, and other applicable regulatory requirements.
Application Process and Requirements
- Applicants must submit a detailed written application to the HLURB, accompanied by necessary documents such as:
- Site plans
- Environmental compliance certificates
- Proof of ownership or lease of land
- Other documents specified under the IRR
- The HLURB reviews the application based on zoning plans, sanitation, health standards, and environmental impact considerations.
Evaluation and Approval Procedures
- The HLURB Board of Commissioners evaluates each application for conformity with the applicable land use plans and environmental standards.
- Site inspections and consultations with other relevant government agencies may be conducted.
- Approval is granted through issuance of a locational clearance, which may include specific conditions aimed at mitigating negative environmental or social effects.
Effectivity and Publication
- The amendments to the IRR were approved on August 17, 2000.
- Following publication, these rules take effect immediately, ensuring prompt enforcement.
Penalties and Compliance
- Non-compliance with the locational clearance requirements or operating without such clearance can result in administrative sanctions.
- Penalties may include fines, suspension, or revocation of permits, and possible legal actions as mandated by related environmental or land use laws.
Legal Authority and Oversight
- The Housing and Land Use Regulatory Board (HLURB) has the primary authority to process and approve applications.
- The Board comprises representatives from the Department of Justice, National Economic and Development Authority, and other key government bodies.
- Their collective endorsement underscores the multi-agency oversight to balance development with environmental protection.