[ HLURB MEMORANDUM CIRCULAR NO. 09, S. 1999, March 15, 1999 ]
RESOLUTION NO. R-628, GUIDELINES TO IMPLEMENT RULE 10.1 OF REPUBLIC ACT NO. 8435, OTHERWISE KNOWN AS THE AGRICULTURE AND FISHERIES MODERNIZATION ACT
The Regional Field Offices, Field Operations Support Group and Executive Services Group are hereby enjoined to ensure the dissemination of the above guidelines to the LGUs concerned.
For your guidance, information and compliance.
Adopted: 15 March 1999
(SGD.) ROMULO Q.M. FABUL
Commissioner and Chief Executive Officer
Guidelines To Implement Rule 10.1 Of Ra 8435 Otherwise Known As The Agriculture And Fisheries Modernization Act Of 1997
WHEREAS, RA 8435, otherwise known as the Agriculture and Fisheries Modernization Act of 1997 became effective beginning February 9, 1998;
WHEREAS, the Implementing Rules and Regulations pursuant to RA 8435 was signed and approved by the Department Secretary on 10 July 1998 and was issued as Department of Agriculture Administrative Order No. 6, Series of 1998;
WHEREAS, Section 10 of the Law provides that within one (1) year from the finalization of the Strategic Agriculture and Fisheries Development Zones (SAFDZ) in every city and municipality, all cities and municipalities shall have prepared their respective land use plans and zoning ordinances incorporating the SAFDZ;
WHEREAS, under Rule 10.1, the HLURB is mandated to formulate and issue guidelines to LGUs regarding the incorporation of the SAFDZ in the enactment and updating of LGU land use and zoning plans and ordinances;
WHEREFORE, be it RESOLVED, as it is hereby resolved that the following guidelines for the incorporation of SAFDZ in the updating and enactment of land use plans and zoning ordinances by LGUs be APPROVED, as the same are hereby APPROVED:
Section 1. Application. - These guidelines shall be applicable to all cities and municipalities with comprehensive land use plans (CLUPs) approved before the implementation of RA 8435.
Section 2. Procedure for the Incorporation of SAFDZs. The step-wise procedure in the incorporation of SAFDZs in the comprehensive land use plan is presented as follows:
Responsible Party |
Activities |
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A. Bureau of Soils and Water Management (BSWM) |
1. Prepares maps of Network of Protected Areas for Agricultural and Agro-Industrial Development (NPAAAD) and Strategic Agriculture and Fisheries Development Zones ( SAFDZs) at an appropriate scale. |
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2. The BSWM Soil and Water Access Team (SWAT) Coordinator assigned in the region furnishes the DA-Regional Field Units copies of these maps. |
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3. DA-Regional Field Units furnish all Local Government Units ( LGUs) concerned copies of maps covered by NPAAAD and SAFDZs. |
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B. Local Government (LGU) Concerned |
1. Checks if LGU plan was approved before the implementation of RA 8435 dated 09 February 1998. |
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2. If the plan was approved before the implementation of RA 8435, performs the activities below: |
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a. Examines/reviews the maps furnished by DA. |
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b. Checks the area covered by NPAAAD and SAFDZ. |
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c. Determines/computes the area covered. |
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d. Updates the land use map by delineating the NPAAAD and SAFDZ. |
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e. Evaluates the impact of the area identified in the NPAAAD and SAFDZ. |
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f. Revises all the sectors in the comprehensive land use plan affected by the NPAAAD and SAFDZ. |
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g. Presents the revised plan to a public hearing. |
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h. Incorporates comments/ suggestions gathered during the public hearing. |
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i. Sangguniang Bayan/Panglungsod adopts the amendments/changes made. |
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j. Re-submits the plan. |
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C. Provincial Land Use Committee(PLUC)/ Sangguniang Panlalawigan (SP) |
1. Reviews/approves comprehensive land use plans of component cities and municipalities following the Guidelines in the Review and Approval of CLUPs for Component Cities and Municipalities. |
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Note. If PLUC is inexistent, LGUs may endorse CLUPs to HLURB for review and ratification following the Interim Review and Approval Guidelines. |
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D. Regional Land Use Committee(RLUC)/Housing and Land Use Regulatory Board(HLURB) |
1. Reviews comprehensive land use plans of highly-urbanized cities and independent component cities following the Guidelines in the Review and Approval of CLUPs for Highly-Urbanized Cities and Independent Component Cities. |
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E. Housing and Land Use Regulatory Board (HLURB) |
1. Approves CLUPs of HUCs and ICCs and cities and municipalities of Metro Manila following the Guidelines in the Review and Approval of CLUPs for HUCs, ICCs and Cities and Municipalities of Metro Manila. |
Section 3. Transitory Provision. - The review and ratification of comprehensive land use plans of LGUs requiring incorporation of SAFDZs shall be subject to a collatilla that incorporation of SAFDZs shall commence upon availability of NPAAAD and SAFDZ maps.
Section 4. Effectivity. - This guideline shall take effect immediately after its publication in two newspapers of general circulation for two consecutive weeks.
Adopted: 09 Dec. 1998
Chair, HUDCC
Ex-Officio Chair
(SGD.) ISAGANI B. VALDELLON
Deputy Director-General, NEDA
Ex-Officio Commissioner
(SGD.) REGIS V. PUNO
Undersecretary, DOJ
Ex-Officio Commissioner
(SGD.) JESUS I. INGENIERO
Assistant Secretary, DILG
Ex-Officio Commissioner
(SGD.) JOEL L. ALTEA
Assistant Secretary, DPWH
Ex-Officio Commissioner
(SGD.) ROMULO Q.M. FABUL
Commissioner and Chief Executive Officer
(SGD.) TERESITA A. DESIERTO
Commissioner
(SGD.) FRANCISCO L. DAGNALAN
Commissioner
Attested:
(SGD.) CHARITO M. BUNAGAN
Board Secretary