Presidential Decree
No. 1749
AMENDING
PRESIDENTIAL DECREE NO. 1515 VESTING THE JURISDICTION
AND CONTROL OVER WATERSHED RESERVATIONS IN THE
MINISTRY
OF ENERGY AND FOR OTHER PURPOSES
WHEREAS,
under Presidential Decree No. 705, jurisdiction and authority over all forest
lands, grazing lands, and all forest reservations, including watershed
reservations presently administered by other government agencies or
instrumentalities is vested in the
Ministry
of Natural Resources thru the
Bureau
of Forest Development;
WHEREAS,
under
Presidential Decree No. 1515, jurisdiction;
control and regulation over critical watershed areas and reservations proclaimed
and thereafter proclaimed as such by the President of the Philippines which are
essential to water-based power projects is vested in the
Ministry of Energy;
WHEREAS,
the
Ministry of Energy under its mandate
to formulate and implement the government’s policies, plans and programs on the
development of indigenous energy resources should contribute to the desired
protection, development, management and rehabilitation of watershed and forest
reservations/areas;
WHEREAS,
in the pursuance of the aforecited functions for implementing national
objectives, only watershed areas and reservations supporting operational
water-based power projects over which jurisdiction, control and regulation
shall be vested in the
Ministry of Energy;
NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the
SECTION
1. Section 1 of
Presidential Decree No.
1515 is hereby amended to read as follows:
“SECTION 1. Any Provisions of existing law
to the contrary notwithstanding, the
Ministry
of Energy shall have jurisdiction, control and regulations over the
following watershed areas and reservations:
“1. Tiwi
Geothermal Reservation as covered by Presidential Proclamation No. 739;
“2. Tongonan
Geothermal Area as covered by Presidential Proclamation No. 1112;
“3. Palimpinon
Geothermal Area as covered by Presidential Proclamation No. 1413:
Provided, That when public interest so
requires, jurisdiction over other watershed areas and reservations which may in
the future support water-based energy projects, shall be transferred by the
President of the Philippines to the appropriate agency of the government when
such projects become operational: Provided, further, That such watershed
areas and reservations shall include only the immediate watershed areas
supporting existing hydroelectric dams and projects, the boundaries of which
are to be jointly determined on the ground by the
Ministry of Natural Resources and the
appropriate agency of the government within ninety (90) days from the date
hereof, and using as main criterion the effects on the reservoir.”
SEC.
2. Section 2 of
Presidential Decree No.
1515 is hereby amended to read as follows:
“SEC.
2. In relation to Section 1, the
Ministry of Energy through the
National Power Corporation shall be
responsible for the management, protection, development and rehabilitation of
the aforementioned watershed areas, including but not limited to the following:
“1. Enforcement
of forestry laws, rules, and regulations within said watershed areas;
“2. Identification
of areas which require immediate rehabilitation and development;
“3. Preparation
of plans and programs for the maximum utilization of watershed resources;
“4. Formulation
and/or implementation of measures to prevent denudation of watershed cover;
“5. Public
education and information drive to create awareness among the populace of the
importance of forests and uses of watershed areas;
“6. Promotion
of the development and conservation of existing vegetative cover;
“7. Formulation
of plans and development programs for resettlement and relocation;
“8. Coordination
with other government agencies/ instrumentalities, religious and civic groups
in undertaking forest conservation measures in watershed areas;
“9. Afforestation,
reforestation and physical rehabilitation measures in critically denuded
watershed areas:
“Provided, That said areas, pursuant to Letter of Instructions No. 917, shall not be the subject of exploitation of whatever nature: Provided, finally, That on-going foreign assisted projects within the immediate area of said watersheds shall be pursued by agencies currently implementing such projects, except as otherwise mutually agreed upon by the Ministry of Natural Resources and the other agencies concerned.”
SEC.
3. The
National Power
Corporation shall, in relation to Sec. 2 hereof, submit to the Office of
the President such plans and programs within ninety (90) days after the
establishment of the boundaries pursuant to Section 1.
SEC.
4. The provisions of existing laws, decrees, orders, rules
and regulations as are inconsistent herewith are hereby repealed, amended or
modified accordingly.
SEC.
5. This decree shall take effect immediately.
Done
in the City of
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