Section 1
Section 1.
Repeal of EOs.—EO No. 798 and EO No. 146 are hereby repealed.
Home›Statutes›Executive Orders›Executive Order No. 74 (2019)
Executive Order No. 74 (2019)
Executive Order No. 74 (2019)
—in pursuit of the policy of the State to provide for a coordinated, economical and efficient reclamation of lands, and the administration and operation of lands belonging to, managed and/or operated by the government, with the objective of maximizing their utilization and hastening their development consistent with the public interest, Presidential Decree No. 1084 created the Public Estates Authority (PEA) for reclaiming land, including foreshore and submerged areas, by dredging, filling or oth
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Section 1Section 2 · Transfer and Delegation of PowerSection 3 · Technical EvaluationSection 5 · Competitive BiddingSection 6 · Holistic Approach to ReclamationSection 8 · Development FundSection 9 · CoverageSection 10 · Implementing Rules and RegulationsSection 11 · SeparabilitySection 12 · RepealSection 13 · Effectivity
Section 2
Transfer and Delegation of Power
Section 2.
Transfer and Delegation of Power. —The PRA shall be lewder the control and supervision of the OP, while the power of the President to approve all reclamation projects shall be delegated to the PRA Governing Board. Such delegation, however, shall not be construed as diminishing the President's authority to modify, amend or nullify the action of the PRA Governing Board.
Section 3
Technical Evaluation
Section 3.
Technical Evaluation. —Pursuant to its mandate to integrate, direct and coordinate all reclamation projects for and on behalf of the National Government, the PRA is mandated to seek the advisory opinions of the following relevant national government agencies on any proposed reclamation project:
1. The NEDA, on the consistency of the project with national and regional development planning and programming, and established national priorities of the government;
2. The DENR, on the environmental sustainability of the project and compliance with environmental laws, rules and regulations; and
3. The Department of Finance, on the economic and fiscal viability of the project based on the feasibility study submitted by the project proponent, compliance with Republic Act (RA) No. 6957 and RA No. 9184, and consistency of component joint venture agreements or other incidental agreements with applicable laws.
The above agency advisory opinions must be conveyed to the PRA within thirty (30) days from their receipt from the PRA of all documents reasonably necessary for their respective evaluation.
Section—4.
Environmental Compliance Certificate. —No reclamation project shall be approved by the PRA without the required Area Clearance and Environmental Compliance Certificate to be issued by the DENR. The DENR shall ensure transparency and inclusivity in the conduct of the Environmental Impact Assessment which shall include public disclosure and multi-stakeholder engagement.
Section 5
Competitive Bidding
Section 5.
Competitive Bidding. —Subject to relevant laws and regulations, the PRA shall ensure that all reclamation projects undergo competitive public bidding consistent with the government's thrust to promote transparency and competitiveness.
Section 6
Holistic Approach to Reclamation
Section 6.
Holistic Approach to Reclamation. —All proposals for reclamation projects shall be evaluated by the PRA based on their cumulative impacts rather than on a specific project basis. Every proposed reclamation project shall be accompanied by hydrodynamic modelling, except for relatively small reclamation projects of less than five hectares, and detailed horizontal and vertical development plans.
Section—7.
Reclamation and Development Plan (RDP). —The PRA, in coordination with the DENR, NEDA and affected local government units (LGUs), shall craft a National and/or Regional RDPs which take into consideration environmental, social and economic impacts of proposed reclamation projects. All RDPs shall undergo public consultation and shall be consistent with the greater public interest.
All proposals for reclamation projects covered by this Order must be compliant with these RDPs and relevant master plan of the concerned national government agency. ℒαwρhi৷
Section 8
Development Fund
Section 8.
Development Fund. —The PRA Governing Board is enjoined to allot at least five percent (5%) of its net earnings to develop its capability and expertise to reclaim land, including the modernization of its dredging and reclamation technologies, subject to relevant budgetary and accounting laws, rules and regulations. The PRA shall craft and implement a five-year development plan to transform the PRA as a premier reclamation authority.
Section 9
Coverage
Section 9.
Coverage. —This Order shall apply to all reclamation projects, including those initiated by LGUs and all other agencies, government-owned or -controlled corporations or any government entity allowed under existing laws to reclaim land, 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.
Section 10
Implementing Rules and Regulations
Section 10.
Implementing Rules and Regulations. —Within thirty (30) days from the effectivity of this Order, the PRA shall submit to the OP for approval, the necessary rules and regulations for the implementation of this Order.
Section 11
Separability
Section 11.
Separability. —Should any provision of this Order be declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.
Section 12
Repeal
Section 12.
Repeal. —All other issuances inconsistent with this Order are hereby repealed or modified accordingly.
Section 13
Effectivity
Section 13.
Effectivity. —This Order shall take effect immediately.
DONE, in the City of Manila, this 1st day of February in the year of our Lord, Two Thousand and Nineteen.
(SGD.)— RODRIGO ROA DUTERTE
By the President:
(SGD.)— SALVADOR C. MEDIALDEA Executive Secretary