Department Order No. 2002-05-001
Series of 2002
GUIDELINES
FOR THE USE OF THE ENVIRONMENTAL MANAGEMENT WATERCRAFTS (EWC)
Pursuant
to the provisions of Proclamation No. 72, establishing the
Malampaya
Deep Water Gas-to-Power Project Safety and Exclusion
Zones, dated July 10, 2002, the Agreement dated September 14, 2001 entered into
between the
Department
of Energy and
Shell
Philippines Exploration B.V. on the procurement of
Environmental Management Watercrafts for the
Malampaya
Deep Water Gas-to-Power Project, and the Deed of Assignment
between the
Department
of Energy and the
Department
of National Defense dated 23 May 2002, the following
guidelines for the use of EWCs are hereby adopted and promulgated:
These
rules shall lay down the powers, functions and responsibilities of the
Department
of Energy (DOE) and the
Department
of National Defense (DND), the rights and obligations of
stakeholders and the duties and obligations of concerned agencies with respect
to the use of EWCs.
Section
3. Definition of terms
The
following terms as used in these Implementing Rules and Operating Guidelines
shall de defined as follows:
Agreement refers to the contract on the Procurement of
Environmental Management Watercraft for the
Malampaya
Deep Water Gas-to-Power Project
entered into by and between the
DOE and
Shell
Philippines Exploration B.V. (SPEX), dated September 14, 2001;
DOE refers to the
Department
of Energy;
DND refers to
Department
of National Defense;
EWC means Environmental Management Watercrafts;
Operator means a person or entity that manages the petroleum operations,
but not necessarily the concession owner;
Proclamation
No. 72 the Presidential Proclamation, dated July 10, 2001
regarding the establishment of Safety and Exclusion Zones for the exploration
and development of hydrocarbon resources in the
Malampaya
field and its transportation to the users of the resource;
Project the
Malampaya
Deep Water Gas-to-Power Project
of the Government under the supervision and control of the
DOE, implemented by the service contractor under Service Contract No. 38;
Safety and
Exclusion Zones refers
to the areas mentioned in Sections 1 and 2 of Proclamation No. 72
dated 10 July 2001.
Only
authorized
DND
and
DOE
personnel are allowed to operate/handle/drive the EWCs, preferably those who
had undergone training on Lancer Boat Handling Course. However, any
DND
or
DOE
personnel may be allowed to handle the boat provided he/she is under the direct
supervision of trained EWC crew;
The
DND
personnel shall operate/handle mainly the two (2) EWCs assigned to them by
DOE
in furtherance of the objectives stipulated in the Agreement, dated September
14, 2002 and the Deed of Assignment dated 23 May 2002;
The
DOE
personnel shall operate/handle mainly the 3rd EWC (E/W DE LA PAZ) for
environmental monitoring or other energy-related work/activities. However, the
DOE
at any time, upon notice to the
DND
shall, have access on the other EWCs for purposes of environmental monitoring,
geological investigations and such other activities necessary in carrying out
its objectives relating to petroleum exploration and development;
The
DOE
may request PN for purposes of escorting
and assisting the
DOE
personnel to carry out their assigned tasks.
For this purpose, the
DOE
shall be responsible for the subsistence and other incidental expenses of the said
PN personnel when their services are
rendered, subject to the usual accounting rules and procedures.
The
DND
personnel shall be responsible for the custody, security and routine
maintenance of the 3rd EWC (W/DE LA PAZ) in the absence of the
DOE
personnel on site.
Section
5. Maintenance of the EWC
SPEX shall be responsible for the maintenance of
and the supply of spare parts for the EWCs for a period of three (3) years as
mentioned in the Agreement;
SPEX shall also be responsible for the supply of
fuel, oil and lubricants for the EWCs up to an amount of Five Thousand US
Dollars (US $ 5,000.00) per vessel per annum for the initial three (3) years,
as also mentioned in the said Agreement;
After
three (3) years or after the provisions of Sections 7a and 7b of the Agreement
have lapsed, the
DND,
through the PN, shall be responsible for
the maintenance of the two (2) EWCs assigned to them including the procurement
of supplies, materials, spare parts, fuel, oil and lubricants. Expenses for this purpose shall be charged to
the concerned agency to be taken from its annual appropriation;
After
three (3) years or after the provisions of Sections 7a and 7b of the Agreement
have lapsed, the
DOE
shall be responsible for the maintenance of the 3rd EWC (E/W DE LA PAZ),
including the procurement of supplies, materials, spare parts, fuel, oil
and lubricants. However, the
DOE
may also ask for the assistance from the
PN,
provided the expenses for this 3rd EWC shall be charged to the
DOE.
Section
6. Record-Keeping, Inspection and
Monitoring
The
DOE
shall, after proper consultation and notice, require the
DND
personnel assigned in the area to establish and maintain relevant records and
make relevant reports on the status/physical condition of EWCs, including their
fuel consumption, spare parts and other supplied and materials;
The
DOE
shall conduct on-site inspections and monthly monitoring on the physical
conditions and use of EWCs.
The
Commanding Officer/Officer-in-Charge of the EWC shall follow all guidelines on
operating small crafts i.e., render daily vessel report and situation report
when necessary.
Section
7. Implementing Agencies
The DOE and DND are the primary government agencies responsible for the implementation and enforcement of these rules and operating guidelines.
These
Implementing Rules and Operating Guidelines shall be liberally construed to
carry out the objectives of national security and environmental protection
through the pursuance of the framework of sustainable development.
Section
9. Repealing and Amendatory Clause
The
DOE
and
DND,
acting jointly, may amend, alter, supplement, modify, repeal, or revoke these
rules or any portion hereof as may be necessary.
Section
10. Separability Clause
If
any clause, sentence, provision or section of these rules shall be held invalid
or unconstitutional by a competent court, the other provisions not otherwise
affected shall remain in full force and effect.
Section
11. Effectivity Clause
These
rules shall take effect upon signing of the Parties hereto.
Done
this 23rd day of May 2002, in Metro Manila, Philippines.
Department
of National Defense
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