Section 1
Creation of the Boracay Inter-agency Task Force
Section 1.
Creation of the Boracay Inter-agency Task Force.
—The Boracay Inter- agency Task Force ("Task Force") is hereby created, to be composed of the following:
Chair—:
Secretary, Department of Environment and Natural Resources (DENR)
Vice Chair
Secretary, Department of the Interior and Local Government (DILG)
Co-Vice Chair—:
Secretary, Department of Tourism (DOT)
Members:—
Secretary, Department of Justice (DOJ)
Secretary, Department of Public Works and Highways (DPWH)
Secretary, Department of Social Welfare and Development (DSWD)
Secretary, Department of Labor and Employment (DOLE)
Secretary, Department of Trade and Industry (DTI)
Chief Operating Officer, Tourism Infrastructure and
Enterprise Zone Authority (TIEZA)
Chief, Philippine National Police (PNP)
Governor Province of Aklan
Mayor, Municipality of Malay
The Task Force members may designate an alternate to represent their respective offices in the Task Force in their absence. Such alternate must have a minimum rank equal to the rank of the Task Force Secretariat Head under Section 5 hereof and must be fully authorized to decide on behalf of the Task Force member.
The Task Force may call upon or mobilize any department, bureau, office, agency, or instrumentality of the government, including government-owned-or controlled corporations (GOCCs), to extend full support towards the attainment of the objectives of this Order.
The Task Force shall be deemed dissolved after two (2) years from the effectivity of this Order, unless extended by the President upon recommendation of the Cabinet.
Section 2
Powers and Functions
Section 2.
Powers and Functions.
—The Task Force shall have the following powers and functions:
(a) Ensure that policies on Boracay Island are consistent with relevant laws, rules, and regulations, and fully implement, in coordination with relevant agencies and LGUs, such policies, laws, rules and regulations, including the Boracay Action Plan;
(b) Review and consolidate existing master plans and formulate, in close consultation with tourism stakeholders, urban planners and environmental groups, and local governments, an Action Plan towards the sustainable tourism development of Boracay, taking into account current critical environmental, social and tourism issues, the on-going master planning being undertaken by the Malay Municipality, and environment-friendly infrastructure facilities, establishments and technologies.
The Boracay Action Plan shall be a comprehensive medium-term masterplan to rehabilitate, protect and preserve the biodiversity of Boracay Island and ensure its sustainable development. It shall be submitted within three (3) months from the issuance of this Order for the approval of the President upon recommendation of the Cabinet;
(c) Coordinate with concerned agencies and LGUs on the immediate withholding or revocation of permits or licenses issued to any establishment or business the operation, facility or structure of which violates environmental laws and local ordinances, such as but not limited to, construction of resorts and tourism facilities along easement areas and forest lands, illegal reclamation and/or occupation of wetlands, lack of permits to operate or discharge waste water, and operating without or in violation of Environmental Compliance Certificate and Environmental Sanitation Clearance;
(d) Ensure that the concerned agency or LGUs undertake the appropriate measures relative to the violation of environmental laws, including demolition, closure or cessation of business and/or filing of administrative action against erring persons or establishments;
(e) Complete within (6) months from the effectivity of this Order the evaluation of all building permits or licenses granted by relevant agencies and LGUs and the basis for their grant, including supporting papers or documents, and recommend to the relevant agency or body the prosecution of government officials and employees who have violated environmental and other laws, rules and regulations in granting the same;
(e) Collaborate with the Department of Agriculture (DA), Technical Education and Skills Development Authority (TESDA) and other concerned agencies in facilitating activities related to the rehabilitation of affected farmers, fishermen, workers and communities. To this end, the Task Force shall invite the DA, TESDA and other relevant agencies in its meetings and coordinate with them in the implementation of programs and assistance on the ground;
(g) Create committees or technical working groups consisting of relevant national government agencies and local government units that will address specific concerns relative to the implementation of this Order; and
(h) Perform other tasks that the President may direct.
Section 4
Agency Duties
Section 4.
Agency Duties.
—The members of the Task Force shall perform the following functions in accordance with and/or in conjunction with their respective mandates:
(a)—DENR
1. Enforce and monitor the twenty-five (25) meters plus five (5) meters easement established in accordance with existing laws, rules and regulations;
2. In coordination with DPWH and TIEZA, review and recommend the amendment of Proclamation No. 1064, which provides for a fifteen (15) meter buffer zone on each side of the centerline of roads and trails for right-of-way;———
3. Ensure and monitor the mandatory connection of all establishments to the central wastewater treatment facilities pursuant to Section 8 of RA No. 9275 or the Philippine Clean Water Act and Section 28 of Presidential Decree No. 198 or the Provincial Water Utilities Act, as amended;
4. Relocate and demolish all establishments and structures situated inside forest lands, wetlands, and other bodies of water which violate environmental laws or do not have licenses, agreements or any appropriate tenurial instruments with the DENR;
5. Rehabilitate three hundred seventy-seven and 68/100 (377.68) hectares of forest lands in coordination with stakeholders;
6. Order the National Water Resources Board (NWRB) to issue a moratorium on the grant of new permits to draw water until full assessment of the aquifers rate of recharge has been undertaken;
7. Enforce compliance of commercial establishments and households with critical environmental laws, such as but not limited to RA No. 9275, and RA No. 9003 or the Ecological Solid Waste Management Act;
8. Supervise and control all forest lands, water ways, and alienable and disposable lands; and impose appropriate sanctions for any violation of applicable laws pertaining thereto;
9. Monitor on a regular basis the compliance of all businesses with environmental laws, rules and regulations, and to issue notices of violation as well as cease and desist orders to violators under relevant laws;
10. Complete the cadastral mapping and the carrying capacity assessment of Boracay Island within four (4) months from the effectivity of this Order; and
11. Recommend the amendment of existing laws in order to conform to existing conditions and attain the objectives of this Order.
(b)—DOT
1. Ensure the sustainable tourism development of Boracay Island pursuant to Section 3 of RA No. 9593 or the Tourism Act of 2009 which provides for a participatory and consultative formulation of plans and programs to protect, conserve and preserve critical environmental and cultural resources of the country;——
2. Monitor adherence by tourism and related businesses to standards for operation and construction of tourism facilities; and
3. Implement a mandatory accreditation for all primary tourism enterprises.
(c)—DILG
1. Supervise the compliance of concerned LGUs with the mandate of the Task Force; and
2. Ensure regular monitoring of activities of the LGUs in regulating tourism businesses and enforcing critical environmental laws, rules and regulations, including local ordinances.
(d)—DOJ
1. Provide legal support to the Task Force through its Provincial Prosecutor's Office in Aklan, among others;
2. Assist the relevant agency in the prosecution of persons and establishments found to have violated environmental laws;
3. Provide legal advice and opinion to the Task Force on the interpretation of pertinent laws, rules and regulations; and
4. Coordinate with the Office of the Solicitor General, Land Registration Authority and the DENR in the institution of action for reversion of land to the public domain in the appropriate court within six (6) months from the effectivity of this Order.
(e)—DPWH
1. Assess and improve the road network in the Island and construct pedestrian and bike lanes, whenever applicable;
2. Coordinate with TIEZA and LGUs in developing a more sustainable flood control program for the Island; and
3. Ensure speedy disposition of cases relating to the enforcement of the National Building Code.
(f)—DSWD
1. Provide immediate social welfare assistance to affected individuals and families;
2. Conduct social case management of individuals and their communities for community-based development programs; and
3. Facilitate the rehabilitation of affected individuals, families and communities through the implementation of social development programs.
(g)—DOLE
1. Implement social safety nets and other assistance to affected workers through, among others, emergency employment, training, financial support, livelihood assistance and job facilitation services, such as job fairs.
(h)—DTI
1. Provide alternative livelihood, marketing, trainings and other assistance for affected workers and businesses.
(i)—TIEZA
1. Undertake the completion of the drainage system program throughout the Island. If necessary, work with the DPWH towards a sustainable flood control intervention; and
2. Ensure the completion of the expansion program for water and sewerage system in the three (3) barangays within Boracay Island.
(j)—Philippine National Police (PNP)
1. Ensure that appropriate assistance is extended to the Task Force in enforcing laws, rules and regulations, as well as provide support in the demolition of illegal structures and closure of businesses found to have violated pertinent laws, rules and regulations.
(k)—Provincial Government of Aklan
1. Provide assistance to the Municipality of Malay in the appropriate enforcement of national and local laws to protect and preserve the ecology of Boracay Island;
2. Exercise disciplinary authority and impose administrative sanctions on local officials who violated environmental laws and/or this Order, promptly acting on any case brought before it against such officials, pursuant to RA No. 7160; and
3. Appropriate necessary funds for the implementation of critical infrastructure projects and social programs.
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(l)—Municipal Government of Malay
1. Enforce zoning, environmental and tourism ordinances and introduce any amendment thereto if necessary to align with national standards, among others;
2. Review municipal records to determine establishments or structures that violate environmental laws, building code, zoning ordinance and other applicable national and local rules and regulations. Upon determination of any violation, promptly issue the proper order to address the aforesaid violations;
3. Coordinate with key agencies for the issuance of Demolition and Cease and Desist Orders to business establishments and residents found to have violated relevant laws, rules and regulations,
4. Ensure mandatory connection of all establishments and households to the existing sewerage system and impose proper sanctions for non-compliance in accordance with RA No. 9275;
5. Enact urgent ordinances to: (a) appropriate the necessary land, including the required rights-of-way/road access to the land for the construction of drainage lines and pump stations; (b) raise funds to subsidize necessary expenses for their operation and maintenance; and (c) promote and enforce ecologically responsible behavior, practices and rules by residents and tourists; and
6. In accordance with the approved Action Plan, evaluate any proposed project in the Island and recommend the same to the Task Force for approval and issuance of licenses and permits by the appropriate agency.