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Laguna Lake Development Authority Board Resolution No. 248, Series of 2005 |
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RESOLUTION
AMENDING BOARD RESOLUTION NO. 23, SERIES OF 1996, PROVIDING
GUIDELINES ON THE USE OF SHORELAND AREAS SURROUNDING THE LAGUNA DE
BAY WHEREAS, the shoreland areas of Laguna de
Bay are those areas consisting of the strip of the lakebed along its
shores below elevation 12.50 meters
as referred to datum 10.00 meters below mean lower low water (MLLW),
alternately submerged or exposed by the annual rising and lowering
of the lake water;
WHEREAS, past and
present technical studies on environmental quality conditions,
including water quality of Laguna de Bay and its watershed, show
that the increasing pollution loading of the water systems from
point and non-point sources including households, is reaching an
alarming level;
WHEREAS, due to
the existing industrial activities in the Western Corridor of the
Lake Region, the Laguna de Bay Master Plan of 1996 designates the
West Bay area as Industrial Zone from the foot of Mt. Makiling to
the south end of the lake up to the ridges of hills dividing the
Municipalities of Binangonan and Cardona.
The Master Plan likewise designates the East Bay, from the
areas of Cardona, Teresa, Antipolo, San Mateo and Rodriguez in the
Province of Rizal up to the upper watershed of Sierra Madre Mountain
ranges down to the Banahaw and Makiling Mountain in the south end of
the lake, as Watershed Protection Zone which shall be rehabilitated
and conserved in order to ensure that the annual water balance and
recharge of the Laguna de Bay is ecologically sustained;
WHEREAS, unless
drastic actions are applied and implemented against the continued
deterioration of Laguna Lake, the integrity of the lake ecological
system and its beneficial uses to stakeholders will be jeopardized,
thus resulting to irreversible damage;
WHEREAS, there is
an urgent need to develop and implement projects aimed at dredging,
protection of embankments, sewerage and sanitation facilities, among
others, to address the problem;
WHEREAS, major
sources of revenue from enforcement of LLDA’s rules and
regulations dealing with pollution control and abatement,
aquaculture structures and shoreland use/occupancy would not be able
to sustain the cost of the much needed remedial measures for
environmental management and water resources development, hence, the
need to develop non-traditional revenue sources;
WHEREAS, under
Section 4, Paragraph E of Republic Act No. 4850, the LLDA is
authorized “to engage in agriculture, industry, commerce or other
activities within the region which may be necessary or directly
contributory to the socio-economic development of the region, and
for this purpose, whether by itself or in cooperation with private
persons or entities, to organize, finance, invest in and operate
subsidiary corporations: Provided, That the Authority shall engage
only, unless public interest requires otherwise, in those activities
as are in the nature of few ventures or are clearly beyond the
scope, capacity, or interest of private enterprises due to
consideration of geography, technical
or capital requirements, returns on investment, and risk; WHEREAS,
there is an increasing trend in economic activities in region
whereby proposed development projects are at planning and
development stages;
WHEREAS, the
shoreland areas consisting of about 14,000 hectares, have
environmental/ecological significance and actual/potential benefits,
and shall provide readily available land resources to support and
sustain the much needed infrastructure and development
projects;
WHEREAS, in order not to jeopardize the integrity of the lake’s ecological
system as well as its beneficial uses to stakeholders, implementing
guidelines are necessary;
NOW, THEREFORE,
premises considered, BE IT
RESOLVED, as it is hereby RESOLVED,
to approve the guidelines governing the use of titled and untitled
Laguna de Bay shoreland areas by private individuals or
entities. Section
1. Scope of
Application. These guidelines shall apply to the shoreland areas along
Laguna de Bay, provided that all of the following conditions are
satisfied:
a.)
currently unutilized/unoccupied; b.)
not subject of a pending claim or lease application
(applicable only to untitled areas);
c.)
not covered by any proposed/pipeline national and regional government projects; and d.)
technically feasible for development. Section 2. Definition
of Terms. As used herein, the following words and phrases shall
mean as hereunder respectively indicated: a)
Laguna de Bay Shoreland Area also known as the “buffer
zone” is that part of the lake bed along the lakeshore lying at
elevation 12.50 meters and below and alternately submerged or
exposed by the normal annual rising and lowering of the lake levels. Datum elevation is a point 10.00 meters below Mean Lower Low
Water (M.L.L.W). This
is a linear strip of open space designed to separate incompatible
elements or uses, or to control pollution/nuisance and for
identifying and defining development areas or zones; b)
Clearance to Develop shoreland area is a legal authorization
granted by the Authority to the LGUs of shoreland barangays,
municipalities, cities to use/develop shoreland areas for their
respective government projects under the terms and conditions
prescribed under these guidelines c)
Special Concerns Division (SCD) is an organizational unit of
the Authority created under Board Resolution No. 155, Series of 2001
which is responsible for the implementation of all shoreland
development and management policies, rules and regulations, among
others. Section 3. Prescribed
Uses, Plans and Designs of Structures / Facilities.
The use of shoreland areas along Laguna de Bay which satisfy
the conditions set under Section 1 of these guidelines may be used
by private individuals or entities, subject to the following terms
and conditions:
3.1 Prescribed Uses. Section
2 (Prohibited Uses) of Article 6 of Board Resolution 23, Series of
1996 is hereby amended to read as follows : Any
activity that will pose pollution and cause ecological disturbance
to the
lake, as determined by the LLDA shall be strictly prohibited. a.
Plan and Design. b.)
The design of landscape must adopt the wetland / biological
park concept
(e.g., Geelong Waterfront in
Australia, Lake
Biwa and Lake Kasimigaura Bio-parks in
Japan, among others)
c.)
Facilities / structures maybe allowed to be established on shoreland areas, provided that such
facilities or
structures will be built on the following conditions:
b.1 It will ensure soil stability at the project site
b.2 Semi- permanent / permanent structures maybe
allowed provided the following are adhered to:
b.2.1
Concept of face the lake design
b.2.2
Color hues as may be recommended by
the LLDA.
b.2.3
Sound structural design criteria
and standards
as well as material specifications b.3
Backfilling will be regulated to mitigate
project areas
from the following: b.3.1
Rising of
lake water
b.3.2
Shoreline
embankment protection
b.3.3
Health
risks
b.3.4
Protect crops,
facilities and other technical
reasons
provided that the earth materials will
be sourced within the Laguna de Bay Region and
no waste materials will be used for backfilling
subject to LLDA evaluation and approval. Section
4. Environmental
Requirements. All proponents shall
prepare and submit for approval by LLDA their respective Initial
Environmental Examination (IEE) Checklist or Report and
Environmental Impact Studies (EIS) depending on the project
undertaking for preventive and control measures against potential
ecological disturbance during construction and operation. Section 5. Jurisdiction
over Shoreland Areas and Ownership of Structures for Untitled Lands.
The ownership/jurisdiction over the shoreland area remains
with the State through the LLDA. The improvements thereon shall be
owned by the proponent. However,
after the purpose for which the structure or facility has been
served, or the area will be needed by LLDA or the National
Government or
any of its
instrumentality for a project with greater benefits/impact,
or any
of the afore-stated conditions has been violated, the ownership of
the facilities/structures shall revert to LLDA.
Any modification on the approved structures/facilities shall
be subject to the approval of the Authority. Any change in the
proposed use shall be subject to the approval of the Authority. Section 6. Permit Requirements. The proponents are required to submit the following as basis for evaluation: a.1 Project proposal including cost estimate; a.2 Engineering Plans and Technical Maps;
a.3 Timetable; a.4
Solid
and liquid waste management plans;
The Special Concerns Division ( SCD ) shall certify that the requirements under these Guidelines have been complied with,
Section 7. Payment of Fees.
The proponents shall be required to pay the following fees: a.)
Processing fee ** b.)
Survey fee ** c.)
Shoreland Development Clearance fee
to be computed as follows: c.1 With structure: Clearance fee = area in sq.m. x 5% of zonal value c.2 Without structure (open area): Clearance fee = area in
sq.m x
1% of zonal value d.) Annual lease fee for untitled
shoreland areas in accordance with
Board Resolution No. 113, Series of 1999, as amended. ** Section 8. Reportorial Requirements.
Annual Reports on the implementation use and development of
shoreland areas shall be prepared by the SCD and to be submitted to
the Board of Directors thru the General Manager of LLDA.
Section 9. Board Resolution Repealed.
All Board Resolutions, orders,
memorandum, rules and regulations or parts thereof in conflict with
this resolution as hereby repealed, modified, or amended
accordingly. Section 10. Effectivity
Clause. These guidelines shall take
effect fifteen (15) days after publication in a newspaper of general
circulation. ** - Separately
passed upon by the LLDA Board and covered by Board Resolution APPROVED
on June 2, 2005:
ATTESTED BY: (SGD) ATTY. JOAQUIN G. MENDOZA Board Secretary V |
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