DENR River Restoration

thru Dredging Activities

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 DAO No. 2018-23 re: “Rationalization of
Lahar Dredging and Sand and Quarrying
along Bucao, Sto. Tomas and Maloma River
Systems in the Province of Zambales”

Shall govern the zoning, permitting,

extraction and/or disposition of lahar, sand
and gravel within the river channels of
Bucao, Sto. Tomas and Maloma river
systems in Zambales

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DAO No. 2018-23
Objectives:
 Improve water flows of river systems
 Ensure integrity of various protective dikes and
infrastructures and thereby reduce risks to lives and
properties
 Properly utilize lahar, sand and gravel for the benefit
of local and national governments and all concerned
 Ensure adequate environmental protection, safety and
community development
 Ensure that dredging and sand and gravel quarrying
activities complement government priority programs
and projects to de-silt clogged river systems

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DAO No. 2018-23
Section 4. Delineation of River Dredging Zones and River
Quarry Zones

The River Dredging Zones (RDZ) and River Quarry

Zones (RQZ) shall be delineated as follows:
a. The RDZ shall start from the coastline in the river
delta and extend up to seven and a half (7½) km
upstream;
b. The RQZ for ISGP under the MGB (MGB-ROZ)
shall be within the middle one-third (⅓) portion
of the river channel, starting from the seven and
a half (7½) km RDZ-end-mark from the coastline
in the river delta and extending up to the 12½-
km mark upstream; and
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DAO No. 2018-23
Section 4. Delineation of River Dredging Zones and River
Quarry Zones

c. The RQZ for CSGP or ISGP under the

Provincial Government of Zambales (PGZ-
RQZ) shall be within the middle one-third (⅓)
portion of the river channel, starting from the
12½-km mark MGB-ROZ-end-mark from the
coastline in the river delta and extending up to
the 20-km mark upstream.

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DPWH-DENR-DILG-DOTR JMC No. 2019-01
re: “Guidelines on the Issuance of
Clearance and/or Permit for Dredging
Within Waterways or Other Inland Bodies
of Water”
Issued for the information and guidance
of a qualified person who wish to apply
for a clearance/permit to dredge within
rivers, river deltas and other inland
bodies of waters

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DPWH-DENR-DILG-DOTr JMC No. 2019-01

Section 5.1. Dredging with Commercial Utilization

1. Applicant shall seek LGU endorsement from at

least 2 of the LGU levels: Provincial AND
City/Municipal or Barangay
• FPIC shall be obtained from NCIP if the case area
is covered by ancestral domain
DPWH-DENR-DILG-DOTr JMC No. 2019-01

Section 5.1. Dredging with Commercial Utilization

2. Applicant shall file an application for mining

permit with complete set of requirements, including
electronic file of survey data, together with the
Work Program (MGB Form No. 5-4 and 6-2), with
the:

a) P/CMRB for areas not more than 5 hectares

b) MGB Regional Director for areas not more than
5 hectares but not more than 20 hectares
c) DENR Secretary for areas not more than 20
hectares but not more than 100 hectares (mining
permit refers to SMEP)
DPWH-DENR-DILG-DOTr JMC No. 2019-01

Section 5.1. Dredging with Commercial Utilization

3. P/CMRB or the MGB RO shall check in the

control maps if the area is free/open for mining
application.
 First time-in Principle based on the date and time
of receipt of dredging application shall be strictly
observed.
 P/CMRB shall endorse the application to the MGB
RO for Area Status Clearance prior to processing
of application.
 Applicant shall pay the prescribed filing fee on the
same working day or within 8 working hours if the
area applied for is open for mining.
DPWH-DENR-DILG-DOTr JMC No. 2019-01

Section 5.1. Dredging with Commercial Utilization

4. P/CMRB or the MGB RO shall endorse the

application to the concerned DPWH District
Engineering Office (DEO) to check if the area is
covered by existing application for dredging
permit/clearance or flood control project.
• The DPWH DEO shall inform the P/CMRB or MGB
RO on the results of its evaluation.
DPWH-DENR-DILG-DOTr JMC No. 2019-01

Section 5.1. Dredging with Commercial Utilization

5. P/CMRB or the MGB RO shall issue a Notice of

Application.
• The applicant shall cause the publication of the
Notice of Mining Application once in 2
newspapers:
1. One of general circulation published in
Metro Manila
2. One published in the municipality or
province where the proposed area is located
DPWH-DENR-DILG-DOTr JMC No. 2019-01

Section 5.1. Dredging with Commercial Utilization

6. Applicant shall submit to the DPWH DEO all the

documentary requirements (Section 6) for its review
and transmittal of report to the DPWH Regional
Director (RD).
7. After review of DPWH RD, the application shall be
transmitted to the DPWH Secretary, with supporting
documents and recommendations.
8. If the application is found in order, the DPWH shall
approve the dredging plans and issue a dredging
clearance signed by the DPWH Secretary or his
duly authorized official.
DPWH-DENR-DILG-DOTr JMC No. 2019-01

Section 5.1. Dredging with Commercial Utilization

9. Applicant shall secure the necessary

Environmental Clearance (CNC/ECC).
10. MGB RO and P/CMRB concerned shall
approve/issue the mining permit after the
issuance of the CNC/ECC and notify the
Permittee/Contractor to cause the registration of
the same within 15 working days from receipt of
written notice.
MGB RO shall officially release the mining
permit to the Permittee/Contractor after
registration.
DPWH-DENR-DILG-DOTr JMC No. 2019-01

Section 5.1. Dredging with Commercial Utilization

11. MGB RO shall furnish the duly registered mining

permit and approved work program and dredging plan
to the concerned Provincial Governor and Municipal
Mayor, copy furnished the Barangay Chairman.
12. Permittee/Contractor shall notify the DPWH
DEO/RO on its implementation schedule.
DPWH-DENR-DILG-DOTr JMC No. 2019-01

Section 5.1. Dredging with Commercial Utilization

13. The transport of dredged materials by a permit

holder must be accompanied by an Ore Transport
Permit issued by the concerned P/CMRB and/or
MGB RD prior to transport.

14. For transport outside the Philippines, the

applicant shall apply for a Mineral Ore Export
Permit (MOEP) form the Office of the Provincial
Governor or MGB RD concerned.
DPWH-DENR-DILG-DOTr JMC No. 2019-01

Section 5.2. DPWH Flood Control Dredging Projects

 Involve the excavation, vertical transport and

placement of the dredged materials into
designated spoil site but without commercial
utilization of the same
 Such projects are implemented by the DPWH
through its Unified Project Management Office
for Flood Control Management Cluster (UPMO-
FCMC), Regional Offices and/or DEOS, either
by administration or contract

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DPWH-DENR-DILG-DOTr JMC No. 2019-01

Section 5.2. DPWH Flood Control Dredging Projects

1. DPWH Implementing Office (IO) shall prepare

all the documentary requirements prescribed
under Section 6 of this JMC and other DPWH
issuances.
2. Upon approval of the plans in accordance with
the delegated authorities, the IO shall secure a
CNC/ECC from the EMB, DENR, attaching the
approved plans to the application.

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DPWH-DENR-DILG-DOTr JMC No. 2019-01
Section 5.3. Dredging Projects for flood control,
navigation and other purposes to be funded and
implemented by the LGUs and other government
agencies without commercial utilization

1. The applicant after obtaining LGU Resolution,

shall file an application for dredging permit before
the DPWH DEO concerned.
2. DPWH-DEO shall check its control map if the
proposed area is covered by existing application
for dredging permit/clearance. If the area is found
clear, the DPWH shall:
 Advise the Applicant to prepare all the requirements
 Update its control map

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DPWH-DENR-DILG-DOTr JMC No. 2019-01
Section 5.3. Dredging Projects for flood control, navigation and
other purposes to be funded and implemented by the LGUs and
other government agencies without commercial utilization

3. Applicant shall submit to the DPWH DEO the

complete set of requirements.
The designated spoil site shall be evaluated and
use of dredged materials clearly indicated.
If deficiencies or non-conformities are found, the
Applicant shall be immediately notified for
compliance and rectification.

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DPWH-DENR-DILG-DOTr JMC No. 2019-01
Section 5.3. Dredging Projects for flood control, navigation and
other purposes to be funded and implemented by the LGUs and
other government agencies without commercial utilization

4. Applicant LGU and other government agencies, i.e.

DENR, PRA and others, shall issue a certification
that there is no commercial utilization of the
dredged materials and that there is no intent to
use the dredged materials other than that as
specified in the application for permit.

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DPWH-DENR-DILG-DOTr JMC No. 2019-01
Section 5.3. Dredging Projects for flood control, navigation and
other purposes to be funded and implemented by the LGUs and
other government agencies without commercial utilization

5. The DPWH District Engineer shall investigate each

application field with the DEO, and if necessary,
conduct public hearings thereon and shall
transmit his report and recommendation to the
DPWH Regional Director, who after proper review,
shall transmit the application with its supporting
documents and recommendations to the DPWH
Secretary or his duly authorized official for
appropriate action.

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DPWH-DENR-DILG-DOTr JMC No. 2019-01
Section 5.3. Dredging Projects for flood control, navigation and
other purposes to be funded and implemented by the LGUs and
other government agencies without commercial utilization

6. If application is found in order, the DPWH shall

approve the dredging plans and require the
Applicant to secure the necessary Environmental
Clearance (CNC or ECC).
7. The DPWH Secretary or his duly authorized official
shall then approve/issue the dredging permit.
8. The Permittees shall notify the DPWH on its
implementation schedule.

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DPWH-DENR-DILG-DOTr JMC No. 2019-01

Section 5.4. DENR River Restoration Through

Dredging Activities

DENR River Restoration through dredging

activities in heavily silted river channels,
including disposal of extracted materials, shall be
covered by a separate Order to be issued by the
DENR in coordination with DPWH.
Issuance of the dredging permit by the DPWH
shall be based on the detailed Engineering Design
Plans.

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DAO No. 2019-13 re: “Rationalizing Dredging
Activities in the Heavily-silted River
Channels of Bucao in Botolan, Maloma in San
Felipe and Sto. Tomas Traversing The San
Marcelino, San Narciso and San Felipe
Municipalities in the Province of Zambales”

Shall cover the implementation of the DENR

River Restoration thru Dredging as embodied
in Section 5.4 of the DENR-DPWH-DILG-DOTr
JMC No. 2019-01 in the heavily-silted river
channels of Bucao, Maloma and Sto. Tomas
in the Province of Zambales

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DAO 2019-13
Chapter II, River Restoration Thru Dredging Activities

Section 2. Operation in RDZ

Only dredging activities shall be allowed within the
RDZ. Quarrying shall be strictly prohibited in the
RDZ.

Section 3. Prior Determination of Mineral Contents

Upon determination of the RDZ by the Province, the

MGB shall conduct a survey of the non-metallic and
metallic resources on the RDZ.

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DAO 2019-13
Chapter II, River Restoration Thru Dredging Activities

Section 4. Application for Issuance of Dredging

Clearance
Application must be:
 accompanied by the endorsement of the
Governor
 governed by DAO 2019-13, pursuant to Sec.
5.4 of JMC 2019-01 and other applicable
DENR laws, rules, and issuances
 in accordance with a Master Dredging Plan or
Program of Work per river channel to be
issued/approved by the DPWH

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DAO 2019-13
Chapter III, Disposal of Dredged or Extracted Materials

Section 2. Authority to Dispose Extracted

Materials and Accreditation as Trader
A holder of an approved dredging clearance shall
apply for an authorization to dispose extracted
material from RDZ through a Memorandum of
Agreement (MOA) with the DENR Regional Office.
The MOA shall form part of the accreditation of the
proponent as trader with the MGB.

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DAO 2019-13
Chapter III, Disposal of Dredged or Extracted Materials

Section 3. Who May Apply

 Any citizen of the Philippines or
 SEC-registered corporation, partnership or
association established to engage in construction,
and development and/or dredging operations,
with technical and financial capability to
undertake large-scale flood control dredging and
desilting operations in the Province of Zambales
 Individual corporations may pool their resources,
organize themselves and apply as a consortium.

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DAO 2019-13
Chapter III, Disposal of Dredged or Extracted Materials

Section 5. Technical Competence

Applicants must be capable of implementing large-
scale dredging activities for flood mitigation or
prevention purposes in heavily-silted river channels
of Bucao, Maloma and Sto. Tomas in Zambales,
based on:
 Technical knowledge
 Verifiable track record conducting such
activities, properly vetted, duly certified and
approved by the appropriate DENR and DPWH
offices

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DAO 2019-13
Chapter III, Disposal of Dredged or Extracted Materials
Section 6. Other Requirements
Proponent shall:
 Deploy all their equipment within 30 days from
the Notice to Proceed (NTP)
 Post a Cash Bond in the amount of Twenty Million
Pesos (Php 20,000,000) to be held in an account
in favor of the Provincial Government
 Secure the required clearances from appropriate
government office including a certification that
proponent was never involved in any case relating
to compliance with existing environmental laws,
rules and regulations, and an undertaking that it
will never be involved in such
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DAO 2019-13
Chapter III, Disposal of Dredged or Extracted Materials
Section 6. Other Requirements
Proponent shall:
 Undertake protection of the river banks from
erosion and provide necessary engineering
intervention to support the vital infrastructures
along the river, pursuant to the dredging
clearance approved by the DPWH
 Secure the necessary permit from the Provincial
Government and pay the required National and
Local Taxes as required by law

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DAO 2019-13
Chapter III, Disposal of Dredged or Extracted Materials
Section 7. Creation of Inter-Agency Committee
Said Committee shall be composed of the following:
 Chairperson: Governor of the Province of
Zambales
 Members:
 DENR Regional Executive Director of Region
III (RED)
 DPWH Region III Director
 MGB Region III Director
 EMB Region III Director

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DAO 2019-13
Chapter III, Disposal of Dredged or Extracted Materials
Section 8. Powers and Functions of the Inter-
Agency Committee
1. Serve as oversight for the implementation of
DAO 2019-13 and monitoring of the dredging
operations
2. Shall cause the suspension and/or cancellation
of permits and/or clearances
3. Shall propose policies and programs to
rationalize the dredging operations

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DAO 2019-13
Chapter IV, Proposed Scheme for Dredging Activities
Section 1. Permit
No Operations Permit and Notice to Proceed (NTP)
shall be issued by the Provincial Government,
through the Governor, pursuant to DAO 2019-13
unless the applicant:
 Is accredited as trader pursuant to existing DENR
guidelines; and
 Has complied with the requirements for the issuance of
dredging clearance for flood control dredging and desilting
activities in RDZ from the DPWH Secretary or its
authorized representative based on DPWH-issued one
river-specific Master Dredging Plan

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DAO 2019-13
Chapter IV, Proposed Scheme for Dredging Activities

Section 2. No Funding from the Government

 Holders of Operations Permit shall provide the
financing, technology, management and personnel
necessary to implement dredging activities within
the exclusive RDZ
 No funding from the government shall be made for
the conduct of dredging activities by the private
sector

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DAO 2019-13
Chapter IV, Proposed Scheme for Dredging Activities

Section 3. Prescribed Extraction Method

Holders of Operations Permit under DAO 2019-13
shall:
 Adopt the sequence and mode of extraction
approved by the DPWH; and
 Implement the same in accordance with the duly
approved work program

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DAO 2019-13
Chapter IV, Proposed Scheme for Dredging Activities

Section 4. Prescribed Dredging Method

All dredging activities shall be initially conducted at
deltas of heavily-silted river channels of Bucao,
Maloma, and Sto. Tomas in Zambales, for a period of
six (6) months, with the objective of:
 Creating navigational channel; and
 Providing more depth for passage of dredging
vessel/s to implement true flood control measure
within the RDZ

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DAO 2019-13
Chapter IV, Proposed Scheme for Dredging Activities

Section 5. Work Deviation

Any deviation of more than 15% from the approved
work program in any of the activities involved,
without the prior concurrence of the DPWH in
coordination with the DENR through the MGB
Regional Office III shall be sufficient ground for the
suspension/cancellation of the pertinent permits and
clearances.

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DAO 2019-13
Chapter IV, Proposed Scheme for Dredging Activities

Section 6. Transport Permit

Any holder of an approved Dredging Clearance who
has been accredited as a trader may be granted an
Ore Transport Permit (OTP) and/or Mineral Ore
Transport Permit (MOEP) by the MGB, subject to
endorsement of the Provincial Government of
Zambales.
Provided, That a written notice prior to shipment or
transport of dredged and/or extracted suitable
materials shall be furnished to the MGB Regional
Office III for the purpose of monitoring dredging
activities in the RDZ.

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DAO 2019-13
Chapter IV, Proposed Scheme for Dredging Activities

Section 7. Monitoring and Supervision Fee

A monitoring and supervision fee which shall not be
less than 5% of the market value of the gross output
of the materials extracted from the covered area
within the RDZ, exclusive of all other taxes, shall be
paid to the Provincial Government

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DAO 2019-13
Chapter IV, Proposed Scheme for Dredging Activities

Section 8. Excise Tax

Excise tax on locally extracted or produced non-
metallic minerals and quarry resources will be based
on the actual market value of the gross output thereof
at the time of removal.
The excise tax shall be timely and completely paid to
the nearest BIR Office in the province.

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DAO 2019-13
Chapter IV, Proposed Scheme for Dredging Activities

Section 9. Extraction Fee

Suitable materials for commercial disposition shall be
subject to extraction fee to be collected by the
Provincial Government in accordance with the Local
Government Code.

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DAO 2019-13
Chapter V, Environmental Management

Section 1. Environmental Compliance

All holders of Dredging Clearance/Permit shall
comply with the pertinent laws, rules, and regulations
on:
 environmental protection
 allocation of funds for environment-related
expenditures
 environmental impact assessment
 and setting up of the contingent liability and
rehabilitation fund, among others

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DAO 2019-13
Chapter V, Environmental Management

Section 2. Programmatic Environmental Impact

Assessment (EIA) or Strategic Environmental
Assessment (SEA) per River Channel
In view of the required issuance of ECC on one
Master Dredging Plan per river channel to be
issued/approved by the DPWH, the EMB Regional
Office III shall conduct Programmatic EIA or SEA for
each river system in coordination with MGB, DPWH
and the Provincial Government.
The Provincial Government may be the proponent of
the Programmatic EIA and SEA.

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DAO 2019-13
Chapter V, Environmental Management

Section 3. Application for the Issuance of ECC

All ECC applications for large-scale dredging in
heavily-silted river channels of Bucao, Maloma and
Sto. Tomas in Zambales shall be filed with EMB
Regional Office III upon the endorsement of the
Governor of the Province of Zambales.

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DAO 2019-13
Chapter V, Environmental Management

Section 4. Extraction Limit

The issuance of ECC per river channel shall not be
subject to any extraction limit, provided that:
a) The extraction activities conform with the
approved work program in accordance with the
DPWH Master Dredging Plan
b) Assessment of the river systems shall be done by
the team composed of representatives from
PENRO, CENRO and the MGB every 2 years
c) The maximum allowable extraction conforms to
the designated mitigating measures based on
environmental impact assessment
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DAO 2019-13
Chapter VI, Final Provisions

Section 2. Transitory Provisions

a) All holders of existing ECC shall obtain an
Operations Permit and NTP from the Provincial
Government of Zambales before operations can
proceed
b) The Provincial Government of Zambales will
conduct a review of the qualifications of holders of
existing ECC for a period of not more than 3
months for the purpose of issuance of Operations
Permit and NTP

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THANK YOU!

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