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IRR of EO 146
IRR of EO 146
Pursuant to Section 6 of EO No. 146, this IRR is hereby issued to prescribe the
requirements for the approval of reclamation projects.
2.2.1. Wholly funded out of the LGU's funds for public use pursuant to
Section 17 of RA No. 7160; or
2.2.2. Funded through a partnership with Private sector/entity for any use.
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2011, mandated under existing laws to reclaim such as, but not limited to,
the following agencies: Philippine Ports Authority (PPA), Laguna Lake
Development Authority (LLDA), Bases Conversion and Development
Authority (BCDA), Subic Bay Metropolitan Authority (SBMA), Philippine
Veterans Investment Development Corporation (PHIVIDEC), Department
of Public Works and Highways (DPWH) and National Power Corporation
(NPC):
3.2. Area Status and Land Classification refers to the document to be issued
by the DENR certifying whether the site/area of the proposed reclamation
project is not a protected area or covered by any tenurial instrument.
3.3. Completed Staff Work (CSW) refers to the output of the entire process
of PRA review and evaluation as basis for the recommendation of
reclamation proposals to the PRA Board for acceptance and endorsement
to the NEDA Board through a PRA Board resolution.
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measures and conditions that the project proponent has to undertake before
and during the operation of a project, and in some cases, during the
project's abandonment phase to mitigate identified environmental impacts.
4.1. The PRA shall recommend to the PRA Board all reclamation for dispositive
action by the NEDA Board. Proposed reclamation projects endorsed by
the PRA to PRA Board should include the following documents:
For ports, airports and power plants projects requiring adjacent areas
to be reclaimed (reclamation component), if the relevant F/S of such
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projects already cover the reclamation aspect, such F/S shall be
submitted to PRA for review and validation together with the
requirements of a Reclamation Project Description.
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Boards ICC through a PRA Board resolution for the endorsement of said
development or infrastructure project with reclamation component to the
NEDA Board.
Upon submission of an LOI and upon full compliance with the mandatory
requirements of Section 4, including payment of filing and processing fees,
PRA shall initiate the processing, review and evaluation of the reclamation
project proposal and shall accordingly submit to the PRA Board for acceptance
and endorsement to the NEDA Board for approval.
6.2. Reclamation projects identified under Sections 2.2.2, 2.3.2, 2.4 and 2.5,
after undergoing a thorough review, evaluation and negotiation process and
upon acceptance by the PRA Board, shall be subjected to a competitive
challenge process ("Swiss Challenge") in accordance with existing laws
such as but not limited to the BOT Law, NEDA JV Guidelines and based
on the parameters as approved by the NEDA Board, upon recommendation
of the PRA Board.
In all cases, the Public Bidding in Section 6.1 and competitive challenge
process (Swiss Challenge) under 6.2 shall be undertaken after the NEDA
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Board approval in compliance with the competitive bidding requirement of
EO No. 146.
Within fifteen (15) days from receipt by PRA of the LOI, LGUs, GOCCs and/or
NGAs shall execute an agreement with PRA.
After NEDA Board approval and the public bidding or the competitive
challenge, the relevant Implementing Agreement (IA) / Reclamation Agreement
(RA) shall subsequently be executed between PRA, the LGU/GOCC/NGA and
the winning proponent.
For reclamation projects under Section 2.2.1 and 2.3.1 to be funded using
respective LGUs or NGAs funds and which shall be devoted for public use
pursuant to the Local Government Code of 1991 or the concerned NGA's
charter, the PRA, after due evaluation of the project, shall recommend approval
thereof to the NEDA Board. Upon NEDA Board approval of the Reclamation
project and execution of the relevant IA/RA, PRA shall cause the submission of
Pre-construction documents prior to its issuance of the NTP.
After the issuance of the NTP, project implementation shall be the sole
responsibility of concerned LGUs, GOCCs or NGAs pursuant to the terms and
conditions of the NEDA Board approval. In all other cases, no reclamation
works can commence unless the PRA issues the NTP.
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Board shall be considered illegal and shall be forfeited to the state pursuant to
Presidential Decree (PD) No. 3-A.
This IRR shall take effect fifteen (15) calendar days after its complete
publication in a newspaper of general circulation or in the Official Gazette.