DENR ADMINISTRATIVE ORDER NO. 2002-31 AMENDING DENR ADMINISTRATIVE ORDER NO. 2000-83 December 03, 2002

Pursuant to the Department's thrust on the sustainable development of our natural resources and to generate revenues from the operation of existing establishments in the form of fees and charges, DENR Administrative Order No. 2000-83"Guidelines for the Management and Development of Small Islands, Including its Coastal Areas"is hereby amended as follows:

"Section 5.       Development and Land Use Guidelines

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The following guidelines shall be observed in the preparation of the Island Physical Framework Plan (IPFP):

a.        Islands/Islets less than 500 hectares in area shall be under strict conservation areas and as such shall not be alienated nor disposed of for any purpose;

b.        Islands/Islets500 hectares up to 5,000 hectares shall be under restricted use. Land titling shall be limited to those with pending applications on classified A and D lands as of theeffectivityof this Order; and

c.        Islands/Islets more than 5,000 hectares up to 50,000 hectares shall be open to sustainable development. Land titling may be undertaken in certifiedA andD lands.

All land leases/permits which are inconsistent with the IPFP shall no longer be renewed or extended after their expiration. In such cases the previous lessee/permitteeshall be given preference in the application for new leases/permits.

Any lease/permit granted over public lands in small islands, whether new or renewed, or any extension of the same, shall:

a)        beconsistent with the IPFP;

b)        havea term of not to exceed twenty five (25) years; and

c)        beamended accordingly whenever;

i.       the IPFP is amended; or

ii.      apolicy is developed consistent with the provisions of the Constitution that the development, utilization and management of same shall be either through co-production, joint venture or production-sharing agreements.

Pending the formulation of the IPFP, existing leases/permits of public lands in small islands may be renewed or extended, Provided, that:

a)        thelessee/permitteehas religiously complied with the terms and conditions of the lease/permit;

b)        thelessee/permitteehas applied for renewal within thereglementaryperiod;

c)        thelessee/permitteehas secured an ECC;

d)        thelessee/permitteehas obtained prior clearance from the Secretary, upon favorable recommendation of the Regional Executive Director; and

e)        theduration of renewal or extension shall not be more than one year.

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This Order shall take effect immediately after its publication in a newspaper of general circulation.

Adopted: 3 Dec. 2002

(SGD.)HEHERSON T. ALVAREZ
Secretary