A RESOLUTION DECLARING THE STRATEGIC ENVIRONMENTAL PLAN (SEP) CLEARANCE AS NON-TRANSFERABLE

WHEREAS, Section 16 of Republic Act 7611 or the Strategic Environmental Plan (SEP) for Palawan Act provides that the governance, implementation and policy direction of the SEP shall be exercised by the herein created Palawan Council for Sustainable Development (PCSD), hereinafter referred to as the Council;

WHEREAS, Section 6 of the said Act provides that the SEP shall serve as the framework to guide the government agencies concerned in the formulation and implementation of plans, programs and projects affecting the environment and natural resources of Palawan;

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, the Council on the 25th day of February 2000 promulgated PCSD Administrative Order No. 6, providing the procedures in securing clearance from PCSD in relation to proposed projects and undertaking for implementation in Palawan.

WHEREAS, the Council in its 96th Regular Meeting held last January 23, 2003 enacted PCSD Resolution No. 02-238 revising PCSD Administrative Order No. 6, Series of 2000 by providing thereto the penalty provisions as well as requiring research activities to secure an SEP Clearance;

WHEREAS, the Sangguniang Panlalawigan of Palawan enacted Provincial Ordinance No. 682, Series of 2003 or The Provincial Mandatory Consultation Ordinance of Palawan, requiring therefore a Provincial or Sangguniang Panlalawigan Endorsement on projects or undertakings in the province before the issuance of an SEP Clearance;

WHEREAS, there has been instances wherein the SEP Clearance and other authorization or permits such as but not limited to the provincial or Sangguniang Panlalawigan endorsement issued to a particular entity or individual is being used by and in favor of another entity or individual who was not the one who applied for the same;

WHEREAS, by reason of the unauthorized use above mentioned, the Sangguniang Panlalawigan of Palawan enacted Provincial Resolution No. 7346-08 entitled “A Resolution re-affirming the August Body’s policy on the intransferable nature of its project endorsements, deploring the unauthorized use thereof and relative thereto, correspondingly advising the Department of Environment and Natural Resources (DENR) and other concerned government agencies of the foregoing matters”, affirming their policy that the endorsement is personal to the applicant and it cannot be transferred or used by any or other applicant on the basis that it is the applicant who personally appeared before the Provincial Board;

WHEREAS, the unauthorized use of the SEP Clearance may jeopardize the ecological sustainability, social acceptability, economic viability and the economic zoning of the province;
WHEREAS, in order to ascertain that only the authorized proponent and for the specific project or undertaking applied for, as well as to strictly monitor compliance of the terms and conditions imposed by the Council, the SEP Clearance must be declared non-transferable;
NOW THEREFORE, for and in consideration of the above premises and upon motion of Council member Ma. Cleofe P. Bernardino and unanimously seconded, be it RESOLVED as it is hereby RESOLVED to DECLARE as it is hereby DECLARED the Strategic Environmental Plan (SEP) Clearance as non-transferable.

RESOLVED FURTHER, that copies of this Resolution be furnished all the District Management Offices of the PCSDS, the Sangguniang Panlalawigan of Palawan and all the Local Government Unit’s for information and guidance.

APPROVED and ADOPTED this 28th day of March 2008, Puerto Princesa City, Palawan.

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I hereby certify that the above quoted Resolution has been duly approved and adopted by the Council on the 28th day of March 2008, Puerto Princesa City, Palawan.

ROMEO B. DORADO Secretary

APPROVED : HON.JOEL T. REYES Chairman