Shoreland Management Program

 

 

Laguna de Bay is the largest inland body of water in the Philippines, its majesty only second by the Lake Lanao del Sur and Taal Lake of Batangas. It has a surface area of some 90,000 hectares when it is at its average elevation of 12.50 meters, and around 76,000 hectares when it is at its average lowest elevation of 10.50 meters.

As with all lakes, Laguna de Bay is highly vulnerable to the unsustainable use of its surrounding land due to its enclosed configuration. This perimeter, alternately submerge and exposed by water, is called the shoreland.

 

The Laguna de Bay shoreland, stretching for approximately 14,000 hectares is submerged in lake water for periods ranging from 6 to 8 months depending on the amount of rainfall. During instances when the level of water in Laguna de Bay is higher than the level of water in Manila Bay, the lake's water flows out to the Pasig River, through the Napindan Channel, before draining into Manila Bay. This Natural process continues until both bodies of water have reached the same level. The reversed process occurs when the seawater level is higher than the lake water elevation thus the intrusion of saline (salt) water into the lake system.

 

Rapid population growth, industrial expansion, aggravated congestion in Metro Manila and the CALABARZON (Cavite-Laguna-Batangas-Rizal-Quezon) area, and unchecked infrastructure development have exposed the Laguna de Bay shoreland to continuous encroachment, illegal reclamation/quarrying and even unsafe farming practices. It has become a sanctuary for informal settlers, a disposal site for domestic and industrial waste, and the subject of social clashed due to land tenure and ownership conflicts.

 

The alarming loss and destruction of the lake's natural buffer zone emphasized the urgent need to acquire critical information on the current state of the area, as well as to develop and implement guidelines with regards to its use and/or occupancy.

In 1996, the Laguna Lake Development Authority (LLDA) approved Board Resolution No. 23 (Implementing Rules and Regulations of Section 41, Republic Act No. 4850, as amended) - defining and regulating the use and/or occupancy of the Laguna de Bay Shoreland Areas. The implementation of this resolution was placed under LLDA's Special Concerns Division.

 

que:

Why should you lease?

ans:

According to the Laws on Natural Resources, all lands, adjacent to bodies of water (i.e. seas, lakes, river) are classified as Public Land, therefore, any portion of Laguna de Bay's shoreland cannot be titled or disposed. They can however be leased for a certain period of time to qualified applicants.

 

que:

What are the allowable and prohibited uses of Shoreland Areas?

ans:

Article VI of Section 41 (11) of Republic Act 4850 as amended.

 

Section 1. Allowable Uses

1.

Tree farming/ Planting

2.

Recreational use provide no permanent structure shall be constructed

3.

Agricultural Use provided that:

a.

the use of fertilizers shall be regulated based on standards set by the Department of Agriculture-Fertilizers and Pesticide Authority (DA-FPA). 

b.

use of less persistent pesticides shall be required.

c.

Integrated Pest Management is practiced.

d.

such use does not result in land reclamation or backfiling

4.

Fisponds provided that exotic species shall not be allowed

5.

Poultry provided that scale shall be allowed.

6.

Supply facilities such as:

a.

dockyard/ boat shed

b.

research facilities

c.

fish port

7.

Other uses that will not pose pollution or cause disturbances to the ecological balance to the lake subject to evaluation and approval of LLDA.

 

Section 2. Prohibited Uses

1.

Piggery farms regardless of number of heads

2.

Dumpsites

3.

Housing Projects and Subdivisions

4.

Factories

5.

Quarrying

6.

All Other activities that will pose pollution and cause ecological disturbance to the lake.

 

que:

What is a Shoreland Lease Agreement?

ans:

Article 8 (B) of LLDA Board Resolution No. 23, Series of 1996.

Shoreland areas not otherwise covered by any government development plan, program and project may be leased by duly organized people's organization, associations or cooperatives in accordance with established terms of conditions, and subject to the approval of the Authority.

 

A "Shoreland Lease of Agreement" is a leased contract of agreement between LLDA over a certain portion of Laguna de Bay shoreland.

 

que:

Who are entitled to the lease of Shoreland areas?

ans:

Article IV, Paragraph 4 of LLDA Board Resolution No. 113, Series of 1999.

Priority/Cluster of user Groups:

Bona fide occupants/residents or duly organized associations or cooperatives of:

1.

the shoreland barangay, where land is located.

2.

other barangays of the same shoreland municipality.

3.

other shoreland municipalities within the same province.

4.

other shoreland municipalities of other provinces.

5.

non-shoreland municipalities within the Laguna de Bay Region.

6.

municipalities outside the Laguna de Bay Region.

 

que:

How is the fee computed?

ans:

Lease rates are computed per square meter per year. This is in turn based on the approval lease rate per type of land use per municipality. (Lease Fee = Area X Lease Rates).  Other fee(s) or charge(s) are fixed


 

Procedural Guidelines in Receipt, Processing and Approval of the Shoreland Occupancy Permit (SOP) and Shoreland Lease Agreement (SLA).

 

Step 1

Applicants secure application form and pays the necessary processing fee. The application form should be filed together with the official receipt of the processing fee and signed triplicate, either by the applicant, chairman (of the organization) or any of his/her authorized representative.

Step 2

LLDA's Special Concerns Division (SCD) accepts and checks the document(s)/application form.

Step 3

SCD checks and conducts field ocular inspection of the subject area.
Step 4A If subject area falls outside the 12.50 m. elevation, SCD endorses to the Pollution Control Division (PCD) for processing and issuance of LLDA Clearance.
Step 4B If subject area falls within/below the 12.50 m. elevation, applicant/proponent prepares a project proposal (PP)/ feasibility study (FS).
Step 5 Submit project proposal/ feasibility study to SCD for evaluation. For approved PP/FS, proceed to Step 6.  For disapproved PP/FS revise and re-submit.
Step 6 Pay Assessment Fee for Technical Survey.
Step 7 SCD conducts Technical Survey of subject area.
Step 8 Applicant/proponent pays Lease Fee.
Step 9 Present proofs of payment to SCD.
Step 10 SCD present the SOP and SLA for the General Manager's approval.
Step 11 The GM approves SOP and SLA.
Step 12 SCD advises proponent and releases the SOP and SLA to applicant/proponent.

view process flowchart >>


Requirement for Shoreland Lease Agreement and Shoreland Occupancy Permit.

For Individuals

1.

Application Form  SCO 1-A.

2.

Birth Certificate.

3.

Barangay Clearance.

4.

Marriage Contract.

5.

Individual Tax Return (for the past three [3] years)

6.

Business Registration from the Department of Trade and Industry.

7.

Business Permit/ Mayor's Permit.

8.

Detailed Project Proposal.

9.

Plans (res. Size 50 cm x 90 cm)

9.1

Site Development Plan and Vicinity Plan(s)

9.2

Drainage/ Sewer Plan

9.3

Plan Layout

* All plans must be signed by the applicant, in addition to the signature of the geodetic engineer who conducted the survey.

10.

Authorization from Applicant

11.

Water Permit from the National Water Resources Board (NWRB) - if applicable.

12.

Official Receipt for

12.1

Survey Fee

12.2

Lease Fee

13.

Approved Shoreland Field Report including Location Plan.

14.

2 x 2 picture of the applicant.

15.

Photograph (3R) of site.

16.

Waiver of Interest to Lease subject area from occupants of adjacent lot.


 

For Cooperatives

1.

Application Form  SCO 1-A.

2.

Articles for Cooperatives duly approved by the Cooperative Development Authority (CDA).

3.

Certificate of Business Registration from DTI.

4.

Detailed Project Proposal

5.

Plans (rec. size 50 cm. x 90 cm.)

5.1

Site Development Plan and Vicinity Plan(s)

5.2

Drainage/Sewer Plan

5.3

Plan Layout
* All plans must be signed by the applicant in addition to the signature of geodetic engineer who conducted the survey.

6.

Resolution from the Board of Directors of the Cooperative authorizing a representative to transact business with the LLDA.

7.

Water Permit from NWRB.

8.

Official Receipt for:

8.1

Survey Fee
8.2 Lease Fee

9.

Environmental Compliance Certificate from the DENR Regional Office of Environmental Management Bureau (depending in the magnitude of the project and preliminary evaluation of the SCD).

10.

Approved Shoreland Field Report including the Location Plan

11.

Photograph (3R) of Site.

12.

2 x 2  picture of representative.

13.

Waiver of interest to lease subject area from occupants of adjacent lot.

 

Note: Changes in seawater surface elevations are measured from the Mean Sea Level (MSL). The MSL is the average height of seawater surface at any bay or shore. It is set as the point of zero elevation (datum) where all measurement are referred. It is used as the standard datum for almost all elevation measurements, even on land.

However, there are instances when the elevation of Laguna de Bay is below MSL. In these cases the elevation would become negative. To prevent the use of negative numbers, another datum was established for Laguna de Bay. Under the Republic Act No. 4850 (section 41, Article II), the Laguna de Bay datum was set at 10.50 meters below MSL.

Elevation 12.50 meters was arrived at using all available data on record. Data on the lake's elevation was obtained from the Department of Public Works and Highways (DPWH) which recorded Laguna de Bay's highest elevation at 14.62 meters in 1919. Gaps in the record were determined correlating the rainfall gathered from the Weather Bureau to the maximum lake stage. Records to date validate that Elevation 12.50 meters remains to be Laguna de bay's average annual maximum lake surface level based on the LLDA datum.

 

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