Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
Puerto Princesa City, Palawan
PCSD RESOLUTION NO. 07-344
A RESOLUTION ENJOINING THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR) TO CONTINUE TO REQUIRE SEP CLEARANCE FOR PROJECTS IN PALAWAN PRIOR TO THE ISSUANCE OF ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC) AS AN EXCEPTION TO DENR MEMORANDUM CIRCULAR NO. 2007-08
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), under the Office of the President;
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, to ensure the attainment of the ends of ECAN, the PCSD promulgated Administrative Order No. 06 on the SEP Clearance System through which all projects are evaluated based on ECAN Zoning of Palawan, as well as on their ecological sustainability, social acceptability and economic viability;
WHEREAS, Section 12 of the said Administrative Order explicitly states that the DENR shall not issue an ECC without the SEP Clearance issued by the PCSD;
WHEREAS, with the intention of simplifying the application for Environmental Compliance Certificates (ECC) and Certificates of Non-Coverage (CNC) by project proponents, the DENR issued Memorandum Circular 2007-08 dated July 13, 2007;
WHEREAS, a relevant provision of said Circular provides that “no permits and/or clearances issued by other National Government Agencies and Local Government Units shall be required in the processing of ECC or CNC applications”, thus segregating the documentary requirements of government agencies from the DENR-EMB mandate;
WHEREAS, although the same circular explicitly states that the issuance of an ECC or CNC for a project under the EIS System does not exempt the proponent from securing other government permits and clearances as required by other laws, the same is not in accord with the standing Memorandum of Agreement between the DENR and the PCSD as quoted above, which has been incorporated in the PCSD Clearance System under PCSD Administrative Order No. 6;
WHEREFORE, upon motion duly seconded, the Council resolves, as it is hereby resolved, to enjoin the DENR, as it is hereby enjoined, to continue to require SEP Clearance for projects in the province of Palawan prior to the issuance of ECC as an exception to DENR Memorandum Circular No. 2007-08.
RESOLVED FINALLY, that copy of this resolution be furnished the Department of Environment and Natural Resources and other concerned entities for information and guidance.
APPROVED AND ADOPTED this 14th day of December 2007 at Puerto Princesa City.
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I hereby certify that the above-quoted Resolution has been duly adopted and approved by the PCSD on the 14th day of December 2007 at Puerto Princesa City.
|ROMEO B. DORADO
JOEL T. REYES