By Daphne J. Magturo, Reporter
Rules clear reclamation obstacle
THE GOVERNMENT has finally issued rules on approval of reclamation projects in the country, opening the door to ventures like SM group’s proposal to reclaim and develop a combined 600 hectares of land along Manila Bay shores for more than P100 billion.
The implementing rules and regulations (IRR) for Executive Order No. 146 (EO 146), under National Economic and Development Authority (NEDA)-Philippine Reclamation Authority (PRA) Joint Order No. 01-2015 that was published in a newspaper last Saturday, outlined requirements and procedures for securing approval for such projects. EO 146, signed on Nov. 13, 2013, transferred to the NEDA Board, chaired by President Benigno S.C. Aquino III, the authority to approve reclamation projects, leaving PRA with the task of processing, evaluating and recommending such ventures for final government approval.
EO 146, however, could not be implemented until the IRR was issued and all proposed reclamation projects were then put on hold. Last December, PRA Assistant General Manager for Reclamation and Regulation Joselito D. Gonzales said the agency was “deferring any action” on SM Group’s proposals until the IRR was issued.
“The IRR made explicit the requirements for proposed reclamation projects. Putting them under NEDA Board... allows for a more holistic review,” NEDA Deputy Director-General Rolando G. Tungpalan said in a telephone interview yesterday.
“The proposals will now have to take into account the projects’ impact on the Philippines’ transport systems, zoning ordinances, flood control, drainage and the like.”
Besides listing a host of documentary requirements, including a project feasibility study and environmental permit, the IRR also required contracts for such projects to be auctioned off in accordance with Republic Act No. 9184, or the Build-Operate-Transfer Law, the NEDA Joint Venture Guidelines of 2013 “or such other laws, rules and regulations as may be applicable.” Exempted from this particular requirement are reclamation activities forming part of civil works of infrastructure projects like airports, ports and power plants (which still require NEDA Board approval); local government-initiated projects that are completely funded by these units; and national government-initiated ventures wholly funded by the General Appropriations Act or state firms.
Those initiated or proposed by private entities or else funded through partnership with them should undergo Swiss Challenge, the IRR said.
Reclamation projects whose contracts were executed before effectivity of EO 146 “shall be processed by the PRA,” while those covered by the order but were undertaken without environmental permit and NEDA Board approval “shall be considered illegal and shall be forfeited to the state...”
The cities of Pasay and Parañaque, in 2013 and last year respectively, both awarded to the SM Group separate contracts to reclaim and develop around 300 hectares each in Manila Bay under their jurisdiction for P54.5 billion and P50.19 billion, respectively.
PRA and SM officials declined to comment on this development. The IRR, which was signed by Economic Planning Secretary Arsenio M. Balisacan and PRA Chairman Roberto T. Muldong, will take effect on Feb. 22.
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