PCSD RESOLUTION NO.14-507
“AMENDING SECTIONS 6 AND 7 OF PCSD ADMINISTRATIVE ORDER NO. 10, SERIES OF 2005, ON THE DUTIES OF THE ECAN BOARD AND ITS COMPOSITION, RESPECTIVELY”
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, to ensure the attainment of the objectives of ECAN, the PCSD promulgated Administrative Order No. 06 on the 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 viability, social acceptability and integrated approach;
WHEREAS, in order to ensure the implementation of ECAN at the municipality level, the PCSD issued Administrative Order No. 10 in 2005 creating the ECAN Board in each municipality/city to assist in developing plans and programs to implement ECAN, in the protection and management of the environment in the local areas, in the sustainable utilization of natural resources, in ensuring compatibility of development projects with ECAN zones and local environmental conditions through project screening and monitoring and in facilitating the flow of activities, documents and decision-making processes related to the efficient and effective implementation of ECAN;
WHEREAS, there is a need to strengthen the participation of local government units THROUGH THE ECAN BOARDS in the regulation of PCSD-implemented laws and to harmonize the creation of ECAN Board with the creation of PAMB in protected areas;
WHEREFORE, upon motion duly seconded, the Council RESOLVES, as it is hereby resolved, to AMEND, as hereby it is amended, Sections 6 and 7 of PCSD Administrative Order No. 10, series of 2005, pertaining to the composition and duties of the ECAN Board, and that the same shall, for hereon, be read as follows:
Section 6.Powers and Functions of the ECAN Board.
The Board is vested with the following powers and functions:
- Facilitate the local implementation of PCSD Resolution No. 05-250, Administrative Order No. 9, series of 2005 (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) and other pertinent PCSD rules, regulations and issuances;
- Formulate its own Operational Procedures or Guidelines;
- Initiate passage of resolution, municipal/barangay ordinances and regulatory measures to implement ECAN and enforce the ECAN Zoning Plan;
- Review the proposed project’s compatibility or conformity to the ECAN objectives and outcomes provided in Section 7 of RA 7611 and issue endorsements as a prerequisite for the approval of SEP Clearance;
- Spearhead the SEP Monitoring Team in the conduct of compliance monitoringof existing projects;
- Jointly with the proponent concerned and PCSDS, administer the SEP Monitoring Fund (SMF) through a Memorandum of Agreement as may be established under PCSD Admin Order No. 06, series of 2014;
- Harness the participation though coordination and collaboration of line agencies, NGOs and the community towards the attainment of ECAN objectives;
- Set up a special trust fund, as a depository of all collections of monies that may accrue such as donations, grants and gifts as well as fees and charges that may later be imposed by the Board, and the management and disbursement thereof in accordance with the relevant provisions of RA 7160;
- Share the resource requirements necessary to implement ECAN in the municipality;
- Organize ECAN Board executive committee and working teams when deemed necessary; and
- Through the ECAN Board working teams, undertake the following:
- Provide technical support to the LGU in implementing the ECAN;
- Facilitate the flow of activities, documents, information and decision-making process related to the efficient and effective implementation of the ECAN;
- Assist in data acquisition, analysis, monitoring and evaluation of socioeconomic and environmental conditions relevant to SEP goals and ECAN objectives;
- Assist PCSD in the conduct of information and education activities;
- Facilitate the formulation of ECAN Zoning Plan and its harmonization or integration the the CLUP;
- Issue ECAN Board endorsements under other PCSD-implemented laws whenever the PCSD deems the same necessary prior to issuance of the corresponding permit/s as may hereinafter be provided in the implementing rules and procedures of RA 9147, RA 9175, RA 9072 and other similar laws;
- Other activities in pursuance of sustainable development objectives.
Section 7.Composition. The ECAN Board shall be composed of the following:
City/Municipal Mayor/Local Chief Executive – Chair;
PCSDS District Manager/Representative;
City/Municipal Planning and Development Coordinator;
President of the Ligangmga Barangay;
Chairperson of SB/SP Committee on Environment;
City/Municipal Environment and Natural Resources Officer;
Business Sector Representative;
Representatives from academe, including the DEPED District Supervisor and WPU/PSU Campus Director; and,
Representatives from other agencies/sectors the Board may identify as necessary.
Provided, that in city/municipality where there is a Protected Area Management Board (PAMB), whose territorial jurisdiction substantially covers the same, the same shall be designated as the ECAN Board. The PAMB, in exercising its duties as ECAN Board, shall so expressly state the same in its meetings or sessions. And all endorsements it will issue for purposes of SEP Clearance shall be denominated as ECAN Board endorsements. Provided, further, unless there is a separate ECAN Board constituted and the concerned PAMB agrees, that even in areas not covered by the jurisdiction of PAMB as protected area, for as long as said area falls within the city/municipality where the PAMBexercises the functions of the ECAN Board, the ECAN Board endorsement shall be required from the concerned PAMB functioning as ECAN Board.
Provided further, that the PCSDS-DMO and the MPDO shall constitute the Secretariat of the Board. Provided finally, that the PCSDS-DMO shall head the Secretariat of the ECAN Board and the DMO Manager shall be a regular member of the Board with all the powers and privileges exercised or enjoyed by other regular members. The District Office personnel shall also serve as the technical staff of the ECAN Board who will be responsible in the evaluation of projects submitted thereto and who will perform other technical functions of the Board.
RESOLVED FINALLY,that copies of this resolution be sent to all Local Government Units and other concerned agencies in the Province of Palawan.
APPROVED AND ADOPTED this 28th of October 2014, Diliman, Quezon City.
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I hereby certify that the above-quoted resolution has been duly approved and adopted on the 28th day of October 2014 at Diliman, Quezon City:
NELSON P. DEVANADERA
JOSE CH. ALVAREZ