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SECTION 1
Approval of Reclamation Projects
SECTION 1.
Approval of Reclamation Projects.
The power of the President to approve reclamation projects is hereby delegated to the NEDA Board. The PRA shall continue to process, evaluate and recommend the approval of all proposed reclamation projects to the NEDA Board. Proposed reclamation projects endorsed by the PRA to the NEDA Board should include all relevant documents as may be required by the NEDA Board, such as but not limited to Letters of Intent, Project Proposals, Pre-Feasibility Studies, draft agreement or contract. Such delegation however shall not be construed as diminishing the President—s authority to modify, amend or nullify NEDA Board—s action.
The NEDA Board approval shall be required:
a) For reclamation projects initiated/proposed by PRA or any government entity allowed under existing laws to reclaim land;
b) For reclamation projects initiated by the private sector/entity through PRA, Local Government Units (LGUs) or other government agencies authorized to reclaim land; and
c) For reclamations / reclamation components of respective development projects of such agencies mandated to reclaim under their respective charters such as but not limited to the following agencies: Philippine Ports Authority (PPA), Laguna Lake Development Authority (LLDA), Bases Conversion and Development Authority (BCDA), Subic Bay Metropolitan Authority (SBMA), Philippine Veterans Investment Development Corporation (PHIVIDEC), Department of Public Works and Highways (DPWH), and National Power Corporation (NPC).
SECTION 2
Powers, Functions, and Mandate of PRA
SECTION 2.
Powers, Functions, and Mandate of PRA. Except for the power to approve reclamation projects, all other powers, functions, and mandates of PRA shall be retained and exercised by PRA.
SECTION 3
Environmental Compliance Certificate (ECC)
SECTION 3.
Environmental Compliance Certificate (ECC). Prior to the implementation of reclamation projects duly approved pursuant to Section 1 hereof, an ECC shall be secured from the Department of Environment and Natural Resources (DENR). No reclamation work shall commence without the required ECC.
SECTION 4
Competitive Bidding
SECTION 4.
Competitive Bidding. All reclamation projects shall undergo competitive public bidding consistent with the government—s thrust to promote transparency and competitiveness.
SECTION 5
Transitory Provision
SECTION 5.
Transitory Provision. In accomplishing the prescribed provisions herein, the following transitory provisions shall be complied with:
a) This Order shall apply to all reclamation projects, including those initiated by LGUs and all other government agencies/government owned or controlled corporations including PPA, LLDA, BCDA, SBMA, PHIVIDEC, DPWH, NPC and others, for which there are no contracts/agreements yet executed between the government entity concerned and a private sector proponent prior to the effectivity of this Order.
b) Within two (2) months after the effectivity of this Order, the PRA shall provide the NEDA Board a list of all reclamation projects approved by PRA and relevant information, i.e., project location, date approved by PRA, project proponents (government and private entities), total project cost/amount, and implementation period, classified as follows:
i. Under actual physical reclamation or implementation; and
ii. Not yet started with implementation or actual physical reclamation but either with duly executed contracts with a private sector proponent or are undergoing/undergone bidding or are yet to undergo bidding.
SECTION 6
Implementing Rules and Regulations
SECTION 6.
Implementing Rules and Regulations.
NEDA and PRA shall issue such rules and regulations as may be necessary to implement this Order.
SECTION 7
Separability Clause
SECTION 7.
Separability Clause.
Should any provision of this Order be declared invalid or unconstitutional, the other provisions unaffected thereby shall remain valid and subsisting.
SECTION 8
Repealing Clause
SECTION 8.
Repealing Clause.
All orders, proclamations, rules, regulations, or parts thereof, which are inconsistent with any of the provisions of this Order are hereby repealed or modified accordingly.
SECTION 9
Effectivity
SECTION 9.
Effectivity.
This Order shall take effect immediately.
DONE, in the City of Manila, this 13th day of November, in the year of Our Lord, Two Thousand and Thirteen.
(Sgd.)
BENIGNO S. AQUINO III
By the President:
(Sgd.)
PAQUITO N. OCHOA, JR.
Executive Secretary