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Environmental Hazard Fee Implementation

This executive order approves the implementation rules and regulations of Ordinance No. 346, which imposes an environmental hazard fee on domestic and foreign vessels using the municipal waters of Surigao City. The order defines terms, outlines the scope and objectives, and establishes guidelines for payment and use of funds collected. It assigns responsibilities to various agencies like the City Treasurer's Office, Philippine Port Authority, and Bureau of Customs to facilitate the collection and monitoring of fees.

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100% found this document useful (1 vote)
251 views7 pages

Environmental Hazard Fee Implementation

This executive order approves the implementation rules and regulations of Ordinance No. 346, which imposes an environmental hazard fee on domestic and foreign vessels using the municipal waters of Surigao City. The order defines terms, outlines the scope and objectives, and establishes guidelines for payment and use of funds collected. It assigns responsibilities to various agencies like the City Treasurer's Office, Philippine Port Authority, and Bureau of Customs to facilitate the collection and monitoring of fees.

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EXECUTIVE ORDER NO.

55
SERIES of 2020

AN ORDER APPROVING AND ADOPTING THE PROPER AND/OR STRICT IMPLEMENTATION


OF (IRR) IMPLEMENTING RULES AND REGULATION OF ORDINANCE NO. 346 – “AN
ORDINANCE AMENDING ORDINANCE NO. 336 SERIES OF 2012 – IMPOSING
ENVIRONMENTAL HAZARD FEE ON FOREIGN AND DOMESTIC VESSEL FOR THE USE OF
MUNICIPAL WATERS OF SURIGAO CITY AND FOR OTHERS PUREPOSE

Pursuant to the provision of the 1987 constitution of the Philippines under Article 2, section
16 which provides that the shall protect and advance the right of the people to a balance and health
ecology in level rhythm and harmony of nature in the line with the policy of the local Government it
is primordial duty to promote, protect and safeguard its environment from pollution and
degradation.

SECTION 1. AUTHORITY

1.1 The City Government of Surigao City through the City Treasurer Office to implement the
guidelines on Ordinance # 346, series of 2012 entitled “an ordinance amending
ordinance no.336, series 2012 imposing environmental hazard fee on foreign and
domestic vessel for the use of municipal waters of Surigao City and other pureposes.
Specially, to the provisions of section no.6 of ordinance no. 346, the City Mayor is
hereby authorized to formulate the implementing guidelines and/ or implementing rules
and regulations for the effective implementation.

SECTION 2. OBJECTIVE

2.1 To adopt adequate measures to safeguard and conserve its marine city water and
other natural resources;

2.2 To ensure that all reasonable measure are taken by the city to protect, restore and
enhance the quality of environment observing the principles of sustainable
development; and

2.3 To prevent the adverse environment effects / impacts that poses unreasonable risks.
SECTION 3. SCOPE

3.1 This IRR shall apply to all:

3.1.1 Vessels both domestic and foreign including barges which are entering/
cleaning the port of the Surigao to load/ unload passengers except warship
vessels, auxiliary ships and other government-owned vessel under for non-
commercial service.
3.1.2 Vessels including barges loaded t with mineral and / or other materials,
cargoes, supplies extracted/ loaded from ay mining area & others areas
within Surigao City.
3.1.3 Vessels including barges loaded with minerals and / or others materials
extracted outside of Surigao City, provide that vessels will anchor and are
entering/clearing the port of Surigao City.
3.1.4 The owners, principal, of respective shipping agent such vessel (domestic &
foreign) shall pay an environmental hazard fee as herein provided in section
1 of ordinance no. 346 and indicated in section 7 of IRR.

SECTION 4. DEFINITION OF TERMS

For the purposes of this Order, the following terms shall be understood to mean as
follows:

4.1 Domestic vessel- shall refer to vessel engage in commercial business transaction
with domestic registry.
4.2 Foreign vessel – shall refer to vessel engage in commercial business transaction with
foreign registry.
4.3 City/ Municipal water – shall include not only streams, lake inland bodies of water
and tidal water within the city which are not include within the protected area as
defined under RA # 7586, the NIPAS law such as national park, public forest,
timberland, forest reserve of fishery reserve, but also marine water include between
two (2) line drawn perpendicular to the general coastline from where the boundary
lines of the city touch the sea at low tide and third line parallel with the general
coastline and fifteen (15) kilometers from such coastline.
4.4 MARINA – shall mean Maritime Industry Authority
4.5 PPA – shall mean Philippine Port Authority
4.6 BOC – shall mean Bureau of Custom
4.7 City ENRO – shall mean City Environment and National Resources Office.
4.8 DENR – MGB – shall mean Department of Environment & National Resources –
Mines and Geo – Science Bureau

SECTION 5. GENERAL GUIDELINES


5.1 A hazard fee shall be imposed on domestic and foreign vessels including barges
loaded with minerals cited in Ordinance 346 dated 02 August 2012.

SECTION 6. PRIOR NOTIFICATIONN AND COORDINATION

6.1 The ship captain or any authorized representative shall, on regular basis, coordinated
with the office involve in local sea transport and port operation including the City ENRO,
(CTO, PPA, MARINA and Bureau of Customs.

SECTION 7. SCHEDULE OF FEES (PER ORDINANCE NO. 346 Series of 2012)

Type and classification of vessel Fixed Fee


Domestic :

1-5 tons Php 5.00/ ship call


6-50 tons 10.00/ ship call
51-100 tons 15.00/ ship call
101-500 tons 20.00/ ship call
1,001-above 30.00/ ship call
100.00/ ship call

Foreign registered vessels : Php 5,000.00/ ship call


5,000 tons and above
- Foreign vessels including barges
loaded w/ minerals and/or
materials/supplies extracted
outside of Surigao City, provided
those vessels will anchor and are
entering/ clearing he port of
Surigao City.
Php 25,000.00/ ship call
- Foreign vessels including barges
loaded with minerals and /or
materials extracted/ loaded from
any mining areas within Surigao
City.

SECTION 8. PAYMENTS OF FEES

The payment of the environmental hazard fee shall be paid at the City Treasurer Office or
any authorized field collector/staff which will be assigned at the Philippine Port Authority (one-
stop-shop) or prior to the insurance of departure clearance from Bureau of Customs (BOC).

SECTION 9. FUND UTILIZATION

The fund and/or fees collected shall be used as MAINTENANCE and OPERATIONAL FUND to
safeguard and Conserve the Marine Resources of Municipal Water and other Natural Resources
as well as to restore/prevent negative environmental effects/impacts that poses unreasonable
risks.

SECTION 10. RESPONSIBILITIES/FUNCTION OF LEAD AGENCIES/DEPARTMENT

10.1 The PPA shall provide a space for the CTO collection revenue staff for easy
payment and collection procedures at the designed one-stop-shop section.
(Also assist in the implementation of the effectiveness of the IRR especially
on foreign vessels).

10.2 The Bureau of Custom shall see to it that payment of environmental hazard
fee has been paid by the shipper and/or ship agent by requiring copy of
official receipt issued by the City Government of Surigao thru the CTO as
payment of Environmental hazard fee prior to the issuance of departure
clearance specifically on foreign vessels.

10.3 The City Treasurer shall take charge of the collection of environmental
hazard fee of any vessels entering utilization of municipality/ City water
within its jurisdiction. A close coordination and monitoring with the office,
departments and agencies involved in local sea transport and port operation
to include PPA, Marina, Bureau of Custom and City ENRO, City Treasurer and
other involved agencies.

10.4 The City ENRO shall be responsible in over-all coordination and monitoring
in its implementation of the ordinance & IRR. Also prepare regular reports,
evaluation and recommendation for approval.

10.5 The PPA, Bureau of Custom, Philippines Coast Guard, PPA, MGB, shipping
agents/ companies shall provide the necessary informative/ data and other
form of assistance with the end view of attaining the desire objectives.

SECTION 11. FLOW CHART

The procedures set forth in the section 9 are presented in a flow chart, hereunder:

A. Domestic Vessel

PPA/MARINA/COAST
GUARD/BUREAU OF CUSTOM
CITY GOVERNMENT OF SURIGAO
- Shall see to it that
CITY TREASURER`S OFFICE) payment of
- ISSUANCE OF OFFICIAL RECEIPT Environmental
ON ENVIRONMENTAL HAZARD Hazard fee has
FEE (DAILY BASIS) been paid by the
vessel prior to
departure
clearance.
B. For Foreign Vessels

SHIPPING AGENT/OWNER/PRINCIPAL

- Application for Ore Transport


Permit

PRINCIPAL ENVIRONMENTAL
MANAGEMENT OFFICE (PEMO)

- Issuance of Ore Transport


Clearance (OTC)

MINES GEO-SCIENCE BUREAU


(DENR-MGB)

- Issuance of Ore Transport


Permit (OTP)

PHILIPPINES PORTS CITY GOVERNMENT OF


AUTHORITY (PPA) SURIGAO

(CITY REASURER OFFICE)


ONE STOP SHOP PROCESSING

ANCHORAGE & OTHER FEES Issuance of Official Receipt


on Environmental Hazard Fee

BUREAU OF CUSTOM/PHILIPPINE COAST GUARD

- Shall see to it that payment of Environmental


Hazard Fee has been paid by the Foreign
Vessel, Ship Agent prior to issuance and
Approval of Departure Clearance.
SECTION 12. SEPARABILITY CLAUSE

If any provision of this IRR on the application of such provision to any person or
circumstance is declared invalid the other provision hereof or the application of such provision shall
not be affected by such declaration.

SECTION 13. AMENDMENT


This IRR shall be subject to review and amendment of its basic provision to make it more
effective in achieving the objectives / purposes herein set forth.

SECTION 14. PENALTY CLAUSE

Failure of the motorboat/ vessel (Domestic/Foreign) to pay the fees as prescribed in section
7 shall be ground for the authority to hold and refuse the departure of outgoing vessel of the
concerned operator / owner as indicated in the Flow Process Chart.

SECTION 15. REPEALING CLAUSE

All policies, rules, regulation and issuance or part thereof, which are inconsistent are
hereby repealed and modified accordingly.

SECTION 16. EFFECTIVITY

This IRR shall take effect immediately upon its approval which enacted on August 6, 2020.

ERNESTO U. MATUGAS,JR.
City Mayor
Office of the City Mayor, City Hall, City of Surigao

Tel. (086)826-0249/(086)826-4131

[Link] email:estongmatugas@[Link]

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