DRAFT ORDINANCE

AN ORDINANCE CREATING THE PROVINCIAL QUARRY REGULATORY BOARD OF THE PROVINCE OF

ANTIQUE
Authored by : Hon. Pio Jessielito C. Sumande Sr
Co Author: Hon. Fernando C. Corvera Sr.
Hon.Vicent D. Piccio III
Hon. Errol T. Santillan
Hon. Mayella P. Ladislao

WHEREAS, it is hereby the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine
and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and
make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for
more responsive and accountable local government structures instituted through a system of decentralization
whereby the local government units shall be given more powers, authority, responsibilities and resources. The
process of the decentralization shall proceed from the national government to the local government units, (Sec.2,
RA 7160);

WHEREAS, the Local Government Code provides that every local government unit shall exercise the powers expressly
granted, those necessarily implied therefrom, as well as powers necessary, appropriate or incidental for its efficient
and effective governance and those which are essential to the promotion of the general welfare. Within their
respective territorial jurisdiction, local government units shall ensure and support, among other things the
promotion of health and safety , enhance the right of the people to a balanced ecology ,enhance economic
prosperity, promote full employment among their residents and preserve the comfort and convenience of their
inhabitants, (Sec.16 RA 7160);

WHEREAS, consistent with the basic policy of local autonomy, each local government unit shall exercise its powers to
create its own sources of revenue and to levy taxes, fees and charges. Subject to the provisions of the Local
Government Code, such taxes, fees and charges shall accrue exclusively to the local government units (Sec.129
RA 7160);

WHEREAS, the Sangguniang Panlalawigan under the Local Government Code, is mandated to adopt measures to protect
the inhabitants of the province from harmful effect of man-made and natural disasters and calamities, to protect
the environment and the preservation of the natural ecosystem in the province (Sec.468, RA 7160);

WHEREFORE, be it ordained, as it is hereby ordained, by the Sangguniang Panlalawigan of the Province of Antique, in
session duly assembled-

Section 1. This ordinance shall be known as “An Ordinance Establishing the Provincial Quarry Regulatory Board
of the Province of Antique.”

Section 2. Rationale – This ordinance is intended to protect the citizens from the possible dangers and health
hazards brought by unsecured loads of minerals and other quarry materials and aggregates in trucks and other
means of conveyance. It shall ensure the sustainable use of natural resources, by advancing development while
preserving the quality of environment, thereby achieving a better quality of life, in the context of human and
ecological security.

Section 3. Policy – It is hereby the policy of the Provincial Government of Antique to ensure the safety of its
inhabitants and the promotion of general welfare: to provide mechanisms for the removal of minerals and other
quarry materials along the major river systems in the province and its tributaries and to effectively bring under
regulation the utilization extraction, disposition and use of gravel, sand, quarry, stone, earth and other quarry
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resources extracted from public and private lands or from the beds of the sea, lakes, rivers, streams, creeks, and
other public waters within its territorial jurisdiction. It is further the policy of the provincial government to implement
the mandate of the provincial governor on its exclusive authority to issue permit for the extraction of quarry
products, the levying and collection of revenue, (Sec. 138, R. A. 7160).

Section 4. Composition of a Provincial Quarry Regulatory Board (PQRB) – There shall be established a
Provincial Quarry Regulatory Board, the composition of which shall be as follows:

1. Chairman - Governor or his duly authorized representative;

2. Vice Chairman - Chairman of the Committee on Environment of the Sangguniang
Panlalawigan or in his absence the SP Vice Chairman on
Environment.
3. Members - Representative from the Provincial Engineers’ Office
- Representative from the Quarry Operators
- Representative from the Environment Sector;

The Environment and Natural Resources Office shall act as the Secretariat of the Board.

The Technical Working Group shall be composed of the following:

1. Environment and Natural Resources Office

2. Mines and Geosciences Bureau
3. PEO/Department of Public Works Highways
4. Secretary of the Sangguniang Panlalawigan

Section 5. Duties and Functions of Provincial Quarry Regulatory Board (PQRB). The Provincial Quarry Regulatory
Board shall:

1. Accept and evaluate application for quarry permits and prescribe the forms in the issuance therefor;

2. Recommend to the Governor after evaluation of applications, the issuance of Quarry Permit ( QP ); Quarry
Transport Permit ( QTP ) One Transport Permit (OTP) for throughout the Province of Antique

3. Subject to the approval of the Sangguniang Panlalawigan declare and designate areas for quarry, sand and
gravel quarrying operations in the province;

4. Formulate and implement rules and regulations relative to quarry, sand and gravel quarrying operation in the
province;

5. Accept complaints and investigate violations of law, ordinances rules and regulations relative to quarry and
sand and gravel extraction and transport;

6. Issue orders for the implementation of quarry laws, ordinances orders, rules and regulations and impose
sanction for violations thereof;
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7. Settle disputes, conflict or litigations of conflicting claims of quarry and sand & gravel areas within the territorial
jurisdiction of the Province of Antique;

8. Award contracts to quarry operators subject to the approval of the provincial governor;

9. Recommend amendments to quarry and sand & gravel laws and ordinances, the adoption of measures and
policies to the Sangguniang Panlalawigan for the efficient and effective quarry operations in the province;

10. Perform and exercise such powers and functions as may be provided by law, order, ordinances, rules and
regulations and necessary to achieve the policy of the State and Constitution in the attainment and enjoyment
of genuine local government’s autonomy, self-governance and self- reliance.

Section 6. Meetings and Quorum.

a) The board shall meet at least twice a month or as often as maybe necessary.
b) A majority of the members of the board shall constitute a quorum. The affirmative vote of the majority of the
members present at the meeting shall be necessary to approve proposals, actions and resolutions.

Section 7. Compensation and Remuneration.

The composition of the Board shall be entitled to honorarium and necessary travelling expenses chargeable
against the funds from environmental fees collected on quarrying, subject to usual and existing accounting and auditing
rules and procedures.

Section 8. Final Provisions –

A. Repealing clause – all previous ordinances, orders, proclamation or issuances by the duly constituted authorities
of the province of Antique which are inconsistent herewith are hereby repealed or modified.

B. Applicability clause – National laws, decrees, orders, proclamations, rules and regulations and ordinances
covering the same intents and purposes of this ordinance are hereby adopted and deemed parts and furnish of
this ordinance.

C. Effectivity clause – This ordinance shall take effect immediately after its posting in the bulletin board of the
Provincial Capitol

RESOLVED FURTHER, that the copies of this Ordinance be furnished all concerned government units, agencies
and parties, for their information, guidance and implementation.