THINGS TO CONSIDER

Navigating the Legal Framework of Pier Development in the Philippines

Developing private piers in the Philippines is a delicate balance of several public interests such as environmental protection and economic development. The primary law governing this matter is Presidential Decree No. 857 or the Philippine Ports Authority (PPA) Charter, as amended, which grants the PPA the authority to regulate all port activities including pier development. Meanwhile, the Republic Act No. 7160 or the Local Government Code gives local governments the power to regulate land use and development within their respective territorial jurisdictions.

One of the critical requirements is an Environmental Impact Assessment (EIA) as mandated by Presidential Decree No. 1586 which established the Environmental Impact Statement (EIS) System to ensure that the potential environmental impact of any proposed pier development is thoroughly evaluated before it can proceed. The EIA process involves public consultations, technical reviews, and the issuance of an Environmental Compliance Certificate (ECC) by the Department of Environment and Natural Resources (DENR). Failure to obtain an ECC can result in the suspension or cancellation of the pier development.

Meanwhile, rules and regulations of the relevant Local Government Units (LGUs) must be dealt with beginning from the issuance of local permits, zoning clearances, and the enforcement of local ordinances that affect coastal land use. This ensures that the community's needs and national and local standards are met.   A collaborative relationship with LGUs must be cultivated as they have the power to initiate local consultations, mediate conflicts between stakeholders, and enforce environmental regulations at the local level.

Other pier development projects must also adhere to the regulations set forth by the National Economic and Development Authority (NEDA) if they are to be undertaken through Public-Private Partnerships. The project’s feasibility, economic impact, and conformity with national and local development goals shall be considered. Should projects involve land reclamation, they must also involve the Philippine Reclamation Authority (PRA).

Proponents must carefully navigate these various laws and regulations to achieve a balance between their development objectives and the protection of the environment.  Navigating this intricate legal framework consisting of multiple stakeholders and regulatory bodies can be successfully achieved through a comprehensive and collaborative approach to pier development. For more information, please contact us at info@gqlaw.com.ph or at redmaines@gqlaw.com.ph.