PCSD Resolution 07-326

Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
(R.A. 7611)
Puerto Princesa City, Palawan

PCSD RESOLUTION NO. 07-326

A RESOLUTION PROVIDING FOR THE PROCEDURAL GUIDELINES IN THE EVALUATION OF APPLICATION FOR PEBBLE PICKING/GATHERING IN THE PROVINCE OF PALAWAN

WHEREAS, Republic Act 7611 or the Strategic Environmental Plan (SEP) for Palawan, provides for the comprehensive framework for the sustainable development of Palawan compatible with enhancing the natural resources and endangered environment of the province and created the Palawan Council for Sustainable Development (PCSD) as the administrative machinery for its implementation, governance and policy direction;

WHEREAS, Section 19 of Republic Act 7611 empowers the PCSD 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 therefore for the effective implementation of the SEP;

WHEREAS, pursuant to the above-mentioned provision, the PCSD enacted and approved PCSD Administrative Order No. 06 providing for the "Guidelines in the Processing and Issuance of the SEP Clearance System";

WHEREAS, said Order provides that all projects and undertakings to be implemented in Palawan must secure a SEP Clearance prior to its implementation; WHEREAS, pebble picking/gathering is becoming a means of livelihood which requires regulation so as to ascertain its sustainability and limit or minimize its degrading effect in the environment;

WHEREAS, there is a need to provide for a guideline in the evaluation of application for pebble gathering to ensure proper protection, conservation and development of Palawan's natural resources;

WHEREAS, the PCSD Legal Committee has reviewed and recommended the approval of the procedural guidelines;

WHEREFORE, on motion duly seconded, be it RESOLVED as it is hereby RESOLVED, that the procedural guidelines in the evaluation of application for pebble picking/gathering in the province of Palawan be approved as hereinafter provided for compliance and guidance.

Sec. 1. Filing of Application and Requirements.
The proponent files a duly filled-in application form with the concerned PCSDS District Management Office in the municipality where the gathering will be made or at the PCSDS Project Operation and Implementation Department (POID).

The application form should be filed together with the Program of Work (for Gratuitous Permits); Zoning Clearance from the municipality/City Zoning Officer; Land Title/Tax Declaration/Stewardship Contract whichever is applicable; Area Status and Clearance from DENR; Two year exploration work program, Proposed commercial production work program/or construction and development work program; Site development plan/map noting adjacent water bodies (scale 1:10,000); Location map plotted on the topographic map with 1:50,000; IEE - Full Blown; and Barangay, Municipal and Provincial Endorsements. Provided, that if the project is situated within a protected area, PAMB endorsement is required. Provided further, that if the area falls within an ancestral land/domain, Prior Informed Consent from concerned Indigenous People (IP) must first be secured. Provided finally, that in cases of conflict areas, waiver from other claimants must first be secured.

Sec. 2. Payment of Fees. Upon submission of the application and the requirements, the proponent shall pay the filing fee in the amount of Ninety Pesos (Php 90.00), processing fee in the amount of Two Hundred Pesos (Php 200.00) and evaluation fee in the amount of Nine Hundred Pesos (Php 900.00).

Sec. 3.Evaluation.

Sec. 3.1. Evaluation Team

The evaluation team shall be composed of PCSDS, Provincial ENRO, PENRO or CENRO-DENR, and BFAR. The schedule of evaluation shall be once a month, which shall be either on the 1st or 2nd week of the month.

Sec. 3.2. Evaluation Criteria

The concerned DMO staff shall evaluate the area subject of the application based on the following criteria:

1. Approved ECAN map;
2. Social Acceptability; and
3. Presence of Marine Species

Sec. 3.3. Evaluation Procedure and Decision Rule

The evaluation results as well as the recommendation shall be subscribed to by the evaluation team and noted by their respective heads of office. A copy of the evaluation and recommendation shall thereafter be submitted to the Secretary of the PCSD who shall then schedule the same for deliberation during the PCSD meeting.

The project shall be recommended for the issuance of SEP Clearance under the following conditions:

1. The area is outside the Core zone;
2. Positive acceptance from stakeholders;
3. No pebble gathering shall be allowed in marine habitats.

The PCSD during its session shall decide on whether or not to issue the SEP Clearance.

ADOPTED AND APPROVED this 23rd day of March 2007 in Puerto Princesa City, Palawan.

I hereby certify to the correctness and accuracy of the above-quoted resolution.