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(NAR) VOL. 22 NO. 2, APRIL - JUNE 2011

[ PCSD RESOLUTION NO. 10-411, September 24, 2010 ]

A RESOLUTION FURTHER AMENDING THE REVISED PCSD ADMINISTRATIVE ORDER NO. 4, PROVIDING FOR FEES AND CHARGES PURSUANT TO THE IMPLEMENTATION OF REPUBLIC ACT NO. 9147



WHEREAS, Section 16 of Republic Act 7611 or the Strategic Environmental Plan (SEP) for Palawan Act provides that the governance, implementation and policy direction of the SEP shall be exercised by the herein created Palawan Council for Sustainable Development (PCSD), hereinafter referred to as the Council;

WHEREAS, Section 6 of the said Act provides that the SEP shall serve as the framework to guide the government agencies concerned in the formulation and implementation of plans, programs and projects affecting the environment and natural resources of Palawan.;

WHEREAS, Section 19 of the same Act empowers the Council adopt, amend and rescind such rules and regulations and impose penalties therefore, for the effective implementation of the SEP and to perform such other powers and functions as may be necessary in carrying out its functions, powers, and the provisions of the SEP law;

WHEREAS, PCSD Administrative Order No. 4, Series of 2000, otherwise known as the “Revised Guidelines on the Imposition of Processing Fees Covering Applications for SEP Clearance of Projects and Undertakings in Palawan” was promulgated by the Council on the 25th day of April 2000, which was amended by PCSD Resolution No. 08-351 on February 29, 2008 upon the recommendation of the PCSD Staff since the fees provided therein were too minimal and were not sufficient to support the actual costs necessary Revised Guidelines on the Imposition of Processing Fees Covering Applications for SEP Clearance of Projects and Undertakings in Palawan process applications, including evaluation of the projects or undertakings, for the issuance of SEP Clearances;

WHEREAS, there is a need to further revise the said Order so as to provide for the fees and charges in the implementation of wildlife act under Republic Act 9147;

WHEREAS, the PCSD Legal Committee during its meeting on September 21, 2010 recommended the approval of the said revisions;

NOW THEREFORE, for and in consideration of the above premises and on motion duly seconded, be it RESOLVED as it is hereby RESOLVED, to further amend the PCSD Administrative Order No. 4, as it is hereby amended, providing thereto the fees and charges pursuant to the implementation of Republic Act No. 9147, otherwise known as the Wildlife Act, copy of which marked as Annex “A” is hereto attached as integral part of this resolution.

RESOLVED FINALLY, that copies of this resolution be published in newspaper of general circular and in the National Administrative Register at the UP Law Center.


Adopted: 24 September 2010


Approved for the Council:

(SGD.) ABRAHAM KAHLIL B. MITRA
Chairman

Certified by:

(SGD.) ROMEO B. DORADO
Secretary






Annex “A”


PCSD Administrative Order No. 4, as Amended

Revised Guidelines on the Imposition of Processing Fees Covering Applications for SEP Clearance of Projects and Undertakings in Palawan Including Fees and Charges Pursuant to Republic Act No. 9147


Pursuant to the provisions of Section 19 of Republic Act 7611 and PCSD Resolution Nos. 97-112 and 99-146, and on the basis of the review of the increase in administrative costs incurred in the processing of applications for SEP Clearance, PCSD Administrative Order No. 4, series of 2000 was revised by PCSD Resolution No. 08-351 and was further amended by PCSD Resolution No. 10-411 due to the need to include therein fees and charges for the processing of permits pursuant to Republic Act No. 9147, otherwise known as the Wildlife Conservation and Protection Act. The new amendments are herein incorporated as follows:

Section 1. Purpose/Scope of Application. These guidelines shall apply to any person or entity whether government agencies or non-government organizations planning to implement projects, programs, policies, researches or undertake any activity in Palawan that will impact the environment. This Administrative Order shall also apply to renewal of projects, permits, and other instruments or undertakings covered by the SEP Clearance System and Republic Act No. 9147 and its implementing rules and regulations under the Joint PCSD-DENR-DA Administrative Order No. 1, series of 2004.

Section 2. Definition of Terms. The following terms are defined as follows: 

2.1 Projects or undertakings. Projects or undertakings shall refer to activities, including actions, programs and policies, regardless of scale and magnitude which may have significant impact on the environment. Projects or undertakings shall be classified into:
   
 2.1.1 Projects requiring Initial Environmental Examination (IEE) or Project Description (PD) – These are projects located in Environmentally Critical Areas (ECA) as provided for in DENR Administrative Order No. 96-37 as amended by DENR DAO No. 2003-30, Implementing Rules and Regulations (IRR) for the Philippine Environmental Impact Statement (EIS) System.
   
 2.1.2 Projects requiring Environmental Impact Statement (EIS) – These are projects considered as Environmentally Critical Projects (ECP) as provided for in DENR Administrative Order No. 97-37 as amended by DENR DAO No. 2003-30, Implementing Rules and Regulations (IRR) for the Philippine Environmental Impact Statement (EIS) System.
   
 2.1.3 Catching, caging, transporting and trading of live fish – These involve business operations covered by PCSD Resolution No. 98-118 as amended by PCSD Resolution Nos. 98-124 and 99-142 and PCSD Administrative Order No. 99-03, as amended by PCSD Administrative Order No. 00-05; and PCSD Resolution Nos. 04-209 and 04-211.
   
 2.1.4 Research studies including those covered by Executive Order No. 247
   
2.2 Project Proponents. Proponents of projects enumerated in Section 2.1 of this Order, which shall refer to any entity, private or government organizations, persons, owners or agents, planning to undertake any of the said projects.

Section 3. Processing Fee. The rate of processing fees per project, which are non-refundable, shall be as follows:
 
3.1 Application Fee – P200.00
    
3.2 Evaluation Fee:
    
 3.2.1 Catching, caging, transporting and trading of live fish – P500.00
 3.2.2 Research Studies – P500.00
 3.2.3 Projects requiring IEE or PD – P1,000.00
 3.2.4 Small-Scale Mining Projects:
  3.2.4.1 Metallic – P10,000.00
  3.2.4.2 Non-Metallic – P5,000.00
 3.2.5 Exploration projects for minerals, oil & gas – P25,000.00
 3.2.6 Projects requiring EIS (i.e. MPSA or FTAA) – P50,000.00
 3.2.7 Project renewal: annual – P700.00; biennial (every two years) & beyond – P1,200.00
    
3.3 Inspection/Validation Fee:
    
 3.3.1 Caging of live fish – P2,000.00
 3.3.2 Transporting and trading of live fish – P3,000.00
 3.3.3 Projects requiring IEE or PD – P5,000.00
 3.3.4 Small-Scale Mining Projects:
  3.3.4.1 Metallic – P20,000.00
  3.3.4.2 Non-Metallic – P5,000.00
 3.3.5 Exploration Projects for Minerals, Oil & Gas – P25,000.00
 3.3.6 Projects requiring EIS (i.e. MPSA or FTAA) – P50,000.00
    
3.4 SEP Clearance Fee for PCSD Approved Projects and Project Renewal – P300

Section 4. Certification or Authentication Fee. Requests for certification or authentication of previously issued SEP clearance and/or any PCSD documents allowed to be circulated for public use, provided that prior approval of the Executive Director has been secured, shall be subject to the payment of certification or authentication fee in the amount of FIFTY PESOS (P50.00), provided further that additional payment of TEN PESOS (P10.00) per page shall be charged for documents in excess of one (1) page. Such amount shall cover the cost of reproduction and/or reprinting, as may be necessary.

Section 5. Fees and Charges pursuant to Republic Act No. 9147 and its implementing rules and regulations

5.1 Fees

  1. Application (Initial Evaluation of documents) and Processing Fees

    1. Researches requiring issuance of Gratuitous Permit (GP) or Affidavit of Undertaking (AU) – P100.00
    2. Researches requiring issuance of Bio-prospecting Undertaking (BU) – P500.00
    3. Wildlife Collector’s Permit A – P500.00
    4. Wildlife Farm Permit B – P500.00

      A Including collection of wildlife derivatives
      B Inlcuding Ranching and Hatcheries

  2. Inspection/Validation Fee

    b.1
    LTP for all wildlife, wildlife by-products and derivatives

    1.
    Commercial – P200.00

    2.
    Non-commercial – P100.00



    b.2
    Export/Re-export of wildlife

    1.
    Commercial – P300.00

    2.
    Non-commercial – P300.00



    b.3
    Wildlife Farm/Ranching/Hatchery Facility applications

    1.
    Small Scale (capital or not more than P500,000.00) – P540.00

    2.
    Medium Scale (capital of not more than 1,500,000.00) – P1,680.00

    3.
    Large Scale (capital of equal to or more than 1,500,000.00) – P2,400.00


  3. C.   Permit Fee

    1. Wildlife Farm Permit
      1. Small Scale (capital of not more than P500,000.00) – P1,200.00
      2. Medium Scale (capital of not more than 1,500,000.00) – P2,000.00
      3. Large Scale (capital of equal to or more than 1,500,000.00) – P2,500.00
    2. Wildlife Special Use Permit/Ranching/Harchery – P500.00
    3. Local Transport Permit
      1. Live reef fish – P500.00 per shipment
      2. Edible birds nest of the product – 1% of the commercial value
      3. Farm Bred Fauna – P200.00
      4. Other wildlife derivatives – P300.00
      5. All other wildlife by-products (live or dried) – P10.00/pc for the 1st  10 pcs; P5.00/pc for each additional piece or P50.00 for 1 kg or less and additional P5.00 for each additional 500 gms.
    4. Re-issuance fee of LTP

      Reproduction/re-printing cost – P50.00 for the 1st copy, P10.00 each for succeeding copies

      Unused/expired LTP – P100.00

    5. Export/Re-export Permit
      1. Commercial (CITES and Non-CITES)
        a.Flora and fauna and its by-products or derivatives – 3% of export value
        b.Flora (propagated) – P300.00 1st 50 pcs. P2.00/pc. for each additional pc.

      2. Non-commercial

        (1-2 pairs of pet; plants not exceeding 12 pcs or flora by-products/derivatives not exceeding 10 kgs.; honey and beeswax not exceeding 1 gal)
        a.CITES species – P250.00/permit
        b.Non-CITES species – P150.00/permit

    6. Import (CITES species/non-CITES species) – P350.00/permit

    7. Re-issuance fee for expired CITES/Non-CITES permit
      1. CITES permit – P250.00/permit
      2. Non-CITES permit – P150.00/permit

II.   CHARGES

A. Collection under Wildlife Collectors Permit/Wildlife Special Use Permit/Ranching and or Hatchery facilities and Scientific and Academic Researches permits issued by PCSD.

  1. Mammals – P500.00/head; P1,500.00/indv of threatened species
  2. reptiles – P400.00/head; P1,200.00/indv of threatened species
  3. Birds – P20.00/head; P1,000.00/indv of threatened species
  4. Amphibian – P20.00/head; P1,000.00/indv of threatened species
  5. Insects
    a.    Butterfly – P70.00/head
    b.    Beetles – P200.00/head
    c.Other Insects – P50.00/head

  6. Live fishery
    a.    Live Reef Fish – P20.00/head; P100.00/pc for threatened species
    b.    Ornamental Fish – P10.00/head; P100.00/pc for threatened species

  7. Orchids – P50.00/pc; P200.00/pc for threatened species

  8. Wildlings – P50.00/pc; P200.00/pc for threatened species

  9. Plant parts and all other derivatives – P25.00/pc/part/sample; P100.00/pc/part/sample for threatened species; or P25.00/50 kgs or P25/liter

  10. Fauna parts and derivatives not limited to blood and serum samples – P25.00/pc/ part/sample; P100.00/pc/part/sample for threatened species; or P25.00/50 kgs or P25/liter

Note: Threatened species are those species listed in either the IUCN red list of threatened species, CITES Appendices I, II, III and/or PCSD Resolutions identifying the list of threatened flora and fauna of Palawan.

Section 6. Payment of Fees. The applicable fees enumerated in the preceding section shall be paid to PCSDS as follows:

6.1 Application Fee – upon filing of the application papers.
  
6.2 Evaluation Fee and Inspection/Validation Fee – upon submission of the required documents once the project or undertaking has been certified and allowed to be processed. No further project evaluation or field inspection shall be undertaken unless the fees are paid.
  
6.3 SEP Clearance Fee – prior to issuance of the SEP Clearance
  
6.4 Permit Fee – upon issuance of the permit

Section 7. Repealing Clause. This Administrative Order supersedes all rules and regulations inconsistent herewith.

Section 8. Effectivity. This Order shall take effect 15 days after publication.

SO ORDERED.

(SGD.) ABRAHAM KAHLIL B. MITRA
Governor of Palawan and Chairman, PCSD
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