SUBJECT:IMPLEMENTATION OF PCSD RESOLUTION NO. 05-250, ADOPTING THE REVISED GUIDELINES IN IMPLEMENTING THE ENVIRONMENTALLY CRITICAL AREAS NETWORK, THE MAIN STRATEGY OF THE STRATEGIC ENVIRONMENTAL PLAN (SEP) FOR PALAWAN, AMENDING PCSD RESOLUTION NOS. 94-44 & 99-144

Pursuant to Section 19 of Republic Act 7611, the following Order implementing PCSD Resolution No. 05-250 or the Revised Guidelines in Implementing the Environmentally Critical Areas Network (ECAN), the main strategy of the Strategic Environmental Plan for Palawan amending PCSD Resolution Nos. 94-44 & 99-144, is hereby promulgated for information, guidance and compliance of all concerned in the Province of Palawan.

Section 1. Policy

It is the policy of the Palawan Council for Sustainable Development to support and promote the sustainable development of Palawan through proper conservation, utilization and development of its natural resources to provide optimum yields on a continuing basis. The PCSD recognizes the significance of preserving and declaring certain areas free from human intervention to maintain ecological balance as well as promote people participation and encourage the involvement of all sectors of society in natural resource protection, conservation and management.

Section 2. Objective

Pursuant to Republic Act 7611 and pertinent laws, rules and regulations, this Order implements PCSD Resolution No. 05-250 or the Revised Guidelines in Implementing the ECAN. It shall serve as guide for the local government units, other government agencies, non-government organizations and other entities in formulating and implementing plans, programs and projects as well as businesses affecting Palawan.

Section 3. Coverage

This order implementing PCSD Resolution No. 05-250 shall apply in the entire province of Palawan.

Section 4. Definition of Terms

As used in this Order, the following terms are defined as follows:

1) CL(W)UP or Comprehensive Land (and Water) Use Plan. Refers to the document as defined in the Model Zoning Ordinance formulated by the Housing and Land Use Regulatory Board (HLURB).

2) ECAN (Environmentally Critical Areas Network). Refers to the main strategy of the SEP Law, which is a graded system of protection and development control over the whole of Palawan.

3) ECAN Board. A local multisectoral body created as a coordinative and advisory body to the local government unit, purposely to assist in: developing plans and programs to implement ECAN at the municipal level; the protection and management of the environment in the local areas; the sustainable utilization of natural resources; ensuring compatibility of development projects with ECAN zones and local environmental conditions through project screening and monitoring; facilitating the flow of activities, documents and decision-making processes related to the efficient and effective implementation of ECAN.

4) ECAN Zoning Plan. Refers to the document defining therein the zones of the Environmentally Critical Areas Network, its boundaries, technical descriptions, the allowable activities and prohibitions, and other relevant information.

5) LGU (Local Government Unit). Refers to the province, city or municipality that has political and territorial jurisdiction in a locality as defined by R.A. 7160 otherwise known as the Local Government Code.

6) PCSD or the Council. Refers to the “Palawan Council for Sustainable Development”, the administrative body responsible for the governance, implementation and policy direction of the SEP as provided in Sec. 16, Ch. V, R.A. 7611.

7) PCSDS or the Council Staff. Refers to the PCSD Staff, the regular professional support (technical) staff of PCSD as provided in Sec. 20, Ch. V of R.A. 7611.

8) Resolution No. 94-44. Approved by PCSD in February 1994, the resolution adopted the guidelines in implementing the Environmentally Critical Areas Network (ECAN), the main strategy of the Strategic Environmental Plan (SEP) for Palawan.

9) Resolution No. 99-144. Approved and adopted by PCSD in 1999, the resolution amended section 16 of PCSD Resolution No. 94-44 which was adopted as the implementing guidelines in the operationalization of ECAN for coastal/marine component.

10) Resolution No. 99-147. Approved by PCSD in September 1999, the resolution adopted the revised guidelines in the identification and delineation of the tribal ancestral zone in Palawan.

11) Resolution No. 05-250. Approved by PCSD in April 2005, the resolution adopted the revised guidelines in implementing the ECAN, amending in effect Resolution Nos. 94-44 & 99-144. It reiterated PCSD 99-147 as the governing policy for tribal ancestral zones.

12) Zoning Ordinance. Refers to the legal measure which embodies regulations affecting land (and water) use.

Section 5. Implementation

5.1. PCSDS or Council Staff. The Council staff shall initiate the implementation of Resolution No. 05-250; work with the Local Government Units, line government agencies, non-government organizations, peoples’ organizations and other concerned groups in carrying-out the approved program for the implementation of ECAN; facilitate the creation, reconstitution and/or operationalization of the ECAN Board in the city/municipalities; and monitor/evaluate the local implementation of ECAN, this Order and other pertinent Council issuances.

5.2 Local Government Unit (LGU): Provincial Government. The Provincial Government though the Sangguniang Panlalawigan shall appropriately pass resolutions and ordinances to enforce PCSD Resolution No. 05-250, this Order and other issuances of the Council for compliance of the respective city/municipal governments of Palawan. It shall ensure that all comprehensive land and water use plans as well as zoning ordinances submitted thereto by the city/municipal governments integrate and/or harmonize therein the ECAN Zoning Plan as mandated by the SEP.

5.3 LGUs: City/Municipal Governments. The City/Municipal LGUs shall correspondingly pass resolutions, ordinances and other regulatory measures implementing ECAN in their localities in compliance to PCSD Resolution No. 05-250, this Order and other issuances of the Council as well as complementing policies imposed by the Provincial Government related thereto. The LGUs are likewise directed to harness the participation of line agencies, non-government organizations and the community in the implementation of ECAN in the city/municipality. Towards this end, the LGU shall:

1. integrate/harmonize the Municipal Comprehensive Land and Water Use Plan (CLWUP) with the ECAN Zoning Plan

2. create or reconstitute the Municipal ECAN Board; and

3. allocate a regular fund out of the annual municipal budget for the local implementation of ECAN and other provisions of PCSD Resolution No. 05-250 and this Order.

Section 6. Integration of the ECAN Zoning Plan with the Comprehensive Land and Water Use Plan.

The ECAN Zoning Plan (EZP) shall serve as the framework plan of every municipality/city. It shall be the basis of other planning activities such as but not limited to land use planning, tourism master planning and resource management planning. It includes policy formulation, legislation, setting up of permitting system, monitoring and other related activities, such being a joint responsibility of the Local Government Units and PCSDS through the Municipal ECAN Board. The Comprehensive Land and Water Use Plans of the respective LGUs shall therefore be anchored on the ECAN Zoning Plan.

Section 7. Funding

The Local Government Units of Palawan shall include in their Annual General Budget, funds for the establishment of ECAN, implementation of PCSD Resolution No. 05-250, this Order and other pertinent Council issuances in their respective localities pursuant to Section 7, Rule II of the Amended Rules and Regulations Implementing RA 7611.

Section 8. Monitoring and Review

The PCSD Staff is empowered to conduct review and regular monitoring on the implementation of this Order in the local government units of Palawan.

Section 9. Effectivity

This Order adopting and implementing PCSD Resolution No. 05-250 takes effect fifteen (15) days after posting in conspicuous places and/or receipt of copies hereof by the respective local government units.

SO ORDERED.

FOR THE COUNCIL:

ABRAHAM KAHLIL B. MITRA
Chairman, PCSD