Department of Environment and Natural Resources (DENR) · DAO 2021-35
Amending DAO No. 2020-07, Rationalizing Dredging Activities in Heavily-Silted River Channels Pursuant to DENR-DPWH-DILG-DOTr Joint Memorandum Circular No. 1, Series of 2019
DENR Administrative Order No. 2021-35
Subject: Amending DAO No. 2020-07, Rationalizing Dredging Activities in Heavily-Silted River Channels
Signed: November 10, 2021 . Published: Philippine Daily Inquirer, November 15, 2021 . Acknowledged: ONAR, U.P. Law Center, November 22, 2021.
Purpose
Under Section 29 of RA 7160, Highly Urbanized Cities and Independent Component Cities are independent of the province. This Order amends DAO 2020-07 so that these cities, not only provinces, exercise the local government roles in river dredging.
Key Amendments
- Quarry permits: the exclusive authority of the Provincial or City Government to issue sand, gravel, and quarry permits under local ordinance covers dredging with commercial use of dredged materials by ISAG, CSAG, or quarry permit holders (JMC 2019-01, Section 5.1).
- Large-scale dredging operators: must deploy company-owned, chartered, or leased equipment within 30 days of the Notice to Proceed from the Provincial or City Government, post a cash bond set by the Inter-Agency Committee and held for the Provincial or City Government, and secure local permits and pay national and local taxes.
- Dredging Clearance: applications to the DPWH Regional Office must carry the endorsement of the Provincial Governor or City Mayor.
- Programmatic EIA or SEA: the EMB Regional Office conducts a Programmatic EIA or Strategic Environmental Assessment per river system, with MGB, DPWH, and the Provincial or City Government, which may act as proponent.
- Excise tax: based on actual market value of gross output at removal, paid to the nearest BIR office in the province or city.
- Operations Permit: no permit, Notice of Award, or NTP may be issued unless the applicant holds a DPWH dredging clearance under the Dredging Master Plan, a valid MOA with the DENR Regional Office, trader accreditation, and an ECC.
- Fees: a monitoring and supervision fee of at least 5% of the market value of gross output, plus extraction fees under the Local Government Code, both collected by the Provincial or City Government.
- Inter-Agency Committee: chaired by the Governor or City Mayor, with the DENR RED as vice-chair and DPWH, MGB, and EMB Regional Directors as members.
Effectivity
Takes effect 15 days after complete publication and ONAR acknowledgment.
Signed by Secretary Roy A. Cimatu. Summary prepared by EnviSynergy from the official DENR issuance; refer to the full text for binding provisions.
Important Notice
EnviSynergy exercises due diligence in researching and summarizing this policy. This summary is provided for general reference only and does not constitute legal advice or an official interpretation of the issuance. The policy may have been amended, superseded, or clarified after publication, and this summary may not capture every provision of the original text. For the complete, accurate, and most current version, users are advised to consult the Department of Environment and Natural Resources (DENR) or the relevant issuing agency directly before making any compliance or project decision.
Policy Details
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