PCSD RESOLUTION NO. 16-572

“REVOKING PCSD ADMINISTRATIVE ORDER NO. 15-535 ENTITLED AMENDING SECTION 16 OF PCSD ADMINISTRATIVE ORDER NO. 6, SERIES OF 2014, ALLOWING  THE DENR TO PROCESS APPLICATIONS FOR FOREST LAND USE AGREEMENT (FLAg) FOR VARIOUS PURPOSES, INCLUDING  TOURISM PURPOSE (FLAgT), PRIOR TO THE ISSUANCE OF SEP CLEARANCE”

                                                                                            

WHEREAS, R.A. 7611, otherwise known as the Strategic Environmental Plan (SEP) for Palawan, took effect on 19 June 1992 section 6 of which provides that the SEP shall serve as the framework to guide the government agencies concerned in the formulation of plans, programs and projects affecting the environment and natural resources of Palawan;

 

WHEREAS, Section 2 thereof declares the policy of the State to protect, develop and conserve its natural resources towards which, it shall assist and support the implementation of plans, programs and projects formulated to preserve and enhance the environment, and at the same time pursue the socioeconomic development goals of the country; that it shall support and promote the sustainable development goals for the provinces through proper conservation, utilization and development of natural resources to provide optimum yields on a continuing basis;

 

WHEREAS, this same law provides that the SEP shall have, as its general philosophy, the sustainable development of Palawan, which is the improvement in the quality of life of its people in the present and future generations through the use of complementary activities of development and conservation that protect life-support ecosystems and rehabilitate exploited areas to allow upcoming generations to sustain development growth;

 

WHEREAS, Section 16 of the same law provides that the governance, implementation and policy direction of the SEP shall be exercised by the Palawan Council for Sustainable Development (PCSD);

 

WHEREAS, Section 19 of the same Act empowers the Council to formulate plans and policies as may be necessary to carry out the provisions of the SEP, as well as to adopt, amend and rescind such rules and regulations and impose penalties therefore, for the effective implementation thereof and to perform such other powers and functions as may be necessary in carrying out its functions, powers, and the provisions of the SEP law;

 

            WHEREAS, on October 24, 2014 the PCSD Administrative Order No. 06 or the Revised Guidelines in the Implementation of SEP Clearance System took effect;

 

            WHEREAS, Section 16 of the said Administrative Order provides for the Issuance of Permit, Licenses, ECC Lease Agreements and other similar instruments by permitting agencies states, to wit:

 

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The DENR shall not issue an ECC, CNC, license, permit and similar instruments without the SEP Clearance issued under this Order in accordance with the Memorandum of Agreement between the DENR and the PCSD dated on December 29, 1994 and DOJ Opinion No. 90 and 136, series of 1994. Other permitting entities are likewise enjoined to require the proponents to secure an SEP Clearance described under this Order prior to the issuance of permits. Licenses and other similar instruments”

 

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            WHEREAS, on December 7, 2015, the Council through PCSD Resolution No. 15-535 resolved to amendSection 16 of PCSD Administrative Order No. 6, series of 2014, allowing the DENR to process applications for Forest Land Use Agreements (FLAg) for various purposes, including tourism purpose (FLAgT) prior to the issuance of SEP clearance;

 

WHEREAS,in today’s meeting, the Council resolved to revoke the above-cited PCSD Resolution and revert back to the previous rule reiterated above;

 

WHEREFORE, in consideration of the foregoing premises and on motion duly seconded, the Council resolves to revoke, as it is herebyREVOKEDPCSD Resolution No. 15-535 and revert back to the previous rule where SEP Clearance shall be secured prior to the issuance of permits, licenses and other similar instruments;

 

RESOLVED FURTHER, that a copy of this resolution be furnished the Department of Environment and Natural Resources (DENR), other the concerned agencies and parties for information and guidance;

 

RESOLVEDFINALLY, that a copy of this resolution be publishedin a newspaper of general circulation in the Province of Palawanand likewise be deposited at the Office of National Administrative Register at the UP Law Center, Diliman, Quezon City;

 

RESOLVED AND ADOPTED this 20th day of December, 2016 in Puerto Princesa City, Philippines.

 

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I hereby certify that the above-quoted resolution has been duly adopted by the PCSD on the 20th day of December 2016.

 

 

 

NELSON P. DEVANADERA

                                                                        Secretary

 

ATTESTED BY:

 

 

 

HON. JOSE CH. ALVAREZ

Chair, PCSD

 

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