Laguna Lake Development Authority

Board Resolution No.274, Series of 2006

Approving the Exemption of Lakeshore

Local Government Units from Payment of Shoreland Lease Fee

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, the shoreland areas, with a total of approximately 14,000 hectares have environmental and ecological significance and actual/potential economic benefits;

WHEREAS, local government units have proposed development projects located within these shoreland areas that are intended public purpose;

WHEREAS, Resolution No. 23, Series of 1996, provides the rules and regulations implementing Section 41(11) of R.A. 4850, as amended, defining the use/occupancy of the Laguna de Bay shoreland areas, Article 8(B) of which authorizes the LLDA to lease such areas not otherwise covered by legitimate titles or by any national government plans, programs and projects, to bonafide residents or duly organized and existing organizations/entities, including LGUs, in accordance with the terms and conditions and subject to LLDA approval and payment of necessary fees and charges;

WHEREAS, a growing number of LGUs have requested the LLDA to exempt them from payment of such fees and charges considering that their proposed projects are intended for public purpose; 

WHEREAS, the LLDA recognizes that LGUs are LLDA’s strong partners in the sustainable management of the lake being on the frontline and, hence, they are in the better position to protect and safeguard the lake. 

NOW, THEREFORE, for and in consideration of the foregoing premises and pursuant to the provisions of R.A. 4850, as amended, BE IT RESOLVED, as it is hereby RESOLVED, to approve the exemption of lakeshore Local Government Units from payment of shoreland lease fees.

 RESOLVED, FURTHER, that the exemption from shoreland lease payment as hereunder provided, covers shoreland areas where the proposed development projects/public facilities meet the guidelines governing the use/occupancy of shoreland areas by lakeshore LGUs under Board Resolution No. 248, Series of 2005;

RESOLVED, FURTHER, that notwithstanding their exemption from shoreland lease payment, lakeshore LGUs shall be similarly covered by all shoreland lease/occupancy requirements, including compliance to all documentary and other requirements of the LLDA.

RESOLVED, FURTHER, that lakeshore LGUs shall be held liable to LLDA for all pollutive discharge from their shoreland public facilities flowing directly to the lake and/or its river tributaries.

RESOLVED, FINALLY, that the General Manager shall have the authority to promulgate rules and regulations for proper implementation of the shoreland policy.

APPROVED on April 25, 2006:

ATTESTED BY:

(SGD) ATTY. JOAQUIN G. MENDOZA

              Board Secretary V