NEDA Boards gets to approve reclamation projects

President Benigno S.C. Aquino III has transferred the power to approve reclamation projects to the National Economic Development Authority (NEDA) Board, to ensure the initiatives’ coordination and integration.

“The power of the President to approve reclamation projects is hereby delegated to the NEDA Board,” Executive Order (EO) 146, signed Nov. 15, read.

“There is a need to ensure that reclamation initiatives or projects are coordinated and integrated at the national and regional levels of development planning and programming, consistent with established national priorities of the government, and synchronized with development planning, programming, and budgeting,” the order read.

“The President, as chairman of the NEDA Board, wants to institutionalize a comprehensive vetting process for the approval of reclamation projects that ensures congruence with the Public Investment Program of the Philippine Development Plan,” Presidential Communications Operations Office Secretary Herminio “Sonny” B. Coloma said in a text message on Friday.

EO 146 provides that the Philippine Reclamation Authority will still process, evaluate and recommend the approval of all proposed reclamation projects to the NEDA Board.

EO 543, in 2006, delegated the power of the President to approve reclamation projects to the PRA “to the condition that reclamation contracts to be executed with any person or entity shall go through public bidding.”

“Proposed reclamation projects endorsed by the PRA to the NEDA Board should include all relevant documents as may be required by the NEDA Board, such as but not limited to Letters of Intent, Project Proposals, Pre-Feasibility Studies, draft agreement or contract. Such delegation however shall not be construed as diminishing the President’s authority to modify, amend or nullify NEDA Board’s action,” EO 146 read.

It further states that the approval of the NEDA Board is required for the following:

• reclamation projects initiated/proposed by PRA or any government entity allowed under existing laws to reclaim land;

• reclamation projects initiated by the private sector/entity through PRA, Local Government Units or other government agencies authorized to reclaim land; and

• reclamations / reclamation components of respective development projects of such agencies mandated to reclaim under their respective charters, such as but not limited to the following agencies: Philippine Ports Authority, Laguna Lake Development Authority, Bases Conversion and Development Authority, Subic Bay Metropolitan Authority, Philippine Veterans Investment Development Corporation, Department of Public Works and Highways, and National Power Corporation.

Except for the power to approve reclamation projects, all other powers, functions, and mandates of PRA shall be retained and exercised by the agency, EO 146 stated.

In addition, it stated that an Environmental Compliance Certificate shall be secured from the Department of Environment and Natural Resources.

“No reclamation work shall commence without the required ECC,” it said.

EO 146 also states that all reclamation projects should undergo competitive public bidding “consistent with the government’s thrust to promote transparency and competitiveness.”

The order applies to all reclamation projects, including those under actual implementation and those reclamation that have yet to start.

The Palace did not mention if the EO has something to do with the Pasay City reclamation deal.

Pasay City Legal Officer Severino C. Madrona, Jr. on Thursday said the city has already signed the joint venture agreement with SM Land, Inc. on Nov. 15 and that joint venture documents were submitted to the PRA on Nov. 19.

SM Land will be the official partner of the city government for the reclamation of 300 hectares in the Manila Bay area.

Ayala Land, Inc.; GT Capital Holdings, Inc.; and S&P Construction Technology and Development Co. bought bid documents but did not submit counterproposals by the Nov. 4 deadline due to questions on project terms. -- Kathryn Mae P. Tubadeza 
 
source:  Businessworld