Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
Puerto Princesa City, Palawan
PCSD RESOLUTION NO. 08-368
RESOLUTION GRANTING AMNESTY TO EXISTING PROJECTS AND ESTABLISHMENTS OPERATING WITHOUT SEP CLEARANCE SUBJECT TO THE FORMULATION AND APPROVAL OF THE APPROPRIATE GUIDELINES
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 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, Sections 7 to 11 of said Act provides for the establishment of an Environmentally Critical Areas Network (ECAN), the main strategy of SEP, which is a graded system of protection and development control over the whole of Palawan, including its tribal lands, forests, mines, agricultural areas, settlement areas, small islands, mangroves, coral reefs, seagrass beds and the surrounding sea;
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 therefor, 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, to ensure the attainment of the ends of ECAN, the PCSD, on February 25, 2000, promulgated Administrative Order No. 06, otherwise known as the Revised Guidelines in the implementation of SEP Clearance System, through which all projects of the proponents are evaluated based on ECAN Zoning of Palawan, as above-mentioned, as well as based on their ecological sustainability, social acceptability and economic viability, which Administrative Order was amended in 2002 and further revised on February 29, 2008;
WHEREAS, Section 23 of said Administrative Order No. 06, as amended, series of 2008, provides for the following as constituting the prohibited acts thereof:
23.1 Non-compliance or violation of any of the terms and conditions of the SEP Clearance or PCSD Certificate of Accreditation.
23.2 Construction of any structure or conduct of any activity without the required SEP Clearance or PCSD Accreditation in an area which such activity may be allowed under the ECAN.
23.3 Construction of any structure or conduct of any activity without the required SEP Clearance or PCSD Accreditation in an area which such activity may not be allowed under the ECAN. 23.4 Operating any project or undertaking without the required SEP Clearance or Certificate of Accreditation.
WHEREAS, Section 24 of the same Administrative Order provides that, aside from imposing the penalty of suspension of operation, cancellation of permit, termination of the project and/or cancellation of SEP Clearance, as the case may be and when, after due notice and hearing, a project proponent is found to have committed any of the acts prohibited as quoted above, the PCSD shall impose the penalty of fine in the amount of not less than FIFTY THOUSAND PESOS (P50,000) for every violation;
WHEREAS, pursuant to a directive from this Council, the PCSD Staff inventoried the existing and/or operational establishments in the province of Palawan, which inventory shows that more or less a hundred of establishments and/or projects are operating without the required SEP Clearance;
WHEREAS, in order to ensure the conservation and protection of the environment and to further the sake of project proponents so as to lessen on their part useless efforts and further frustrations, in view of the goal enshrined under “sustainable development”, there is a need to adopt a temporary measure by which these establishments may be given the opportunity to comply with the requirements of SEP Clearance System;
WHEREFORE, upon motion of DENR Undersecretary Gerochi, duly seconded, the Council resolves, as it is hereby resolved, to grant, as hereby it is granted, amnesty to all existing projects/establishments in the province of Palawan operating without the required SEP Clearance, subject to the formulation and approval of the appropriate guidelines on the matter;
RESOLVED FINALLY, that copies of this Resolution be furnished to all concerned establishments/projects and agencies in the Province of Palawan.
I hereby certify that the above quoted Resolution has been duly approved and adopted by the PCSD on the 25th day of July 2008 at Puerto Princesa City, Palawan.
|ROMEO B. DORADO
HON.JOEL T. REYES