Section 11Sec./Art. 11

Allocation and Use of Public Lands for Salt Production; Role of BFAR. - BFAR is hereby mandated to allocate public lands for salt production to qualified salt producers.

For this purpose, it shall issue a tenurial instrument (herein referred to as the Salt Production Tenurial Instrument or SPTI) to qualified salt producers for the use of these public lands, certified copies of which shall be furnished the Salt Council through the PMO: Provided, That tenurial instruments on public lands already issued to private entities shall be respected: Provided, further, That tenurial instruments issued for salt production shall be strictly used only for the purpose for which it was granted, and that public land with salt farms shall not be converted to other uses, other than for fisheries and aquaculture purposes: Provided, furthermore, That the procedure for such issuance shall take into utmost consideration Republic Act No. 11032 or the "Ease of Doing Business and Efficient Government Service Delivery Act of 2018,": Provided, finally, That the BFAR shall maintain a digital database of all applicants and holders of SPTI to ensure integrity of data, stronger data protection, and convenient data access.

(a) Salt Production Tenurial Instrument (SPTI). An application for an SPTI on a public land for salt farm production shall be submitted to BFAR. BFAR shall issue the SPTI to qualified salt procedures, which shall indicate, inter alia, the following:

(1) Name and other relevant information about the grantee;

(2) Terms and conditions in the use of the salt farm;

(3) Period of use of the public land on which the salt farm is located;

(4) Conditions for termination, which shall include an undertaking to start salt farm construction and operation within one (1) year from the approval and granting of the SPTI and to protect and preserve critical habitat for marine life in the area; and

(5) Metes and bounds of the salt farm.

Provided, That nothing herein shall be added that contradicts the principles and provisions of Republic Act No. 11032: Provided, further, That new/renewal/transfer of application for SPTI shall be submitted to the BFAR Provincial Office, which shall process and issue the SPTI applied for within forty-five (45) days from the complete submission of the three (3) requirements enumerated in subparagraph (b) of this section, failure in the issuance of which shall render the application approved and BFAR shall immediately issue the SPTI applied for the applicant: Provided, furthermore, That the SPTI shall bear only the signature of the Regional Director and the BFAR Director.

(b) Qualification of Salt Producers Applying for SPTI. The BFAR shall approve application for SPTI on the bases of only the following three (3) requirements:

(1) Certificate of Registration as a salt producer, secured under Section 13 of this Act;

(2) The applicant has an outstanding track record of engaging in salt farm business or other related business for at least three (3) years, or has an actual experience in salt production for at least three (3) years: Provided, That cooperatives/associations of subsistence and small salt producers/farmers may present certification and endorsement from the local government units (LGUs) within which their intended salt farm will be established of their capability to manage and operate a salt farm, in lieu of the three (3)-year period requirement; and

(3) Payment of rental fee for the use of said public land in the amount equal to current rates exacted by BFAR on the use of these public lands:

Provided, That cooperatives/associations of subsistence and small salt producers/farmers shall be given preferential treatment in the grant of SPTI and shall be allowed rent-free use of the public land on which the salt farm and its facilities are built for a period of three (3) years from the start of salt farm operations: Provided, further, That said cooperatives/associations shall present authenticity of the nature and composition of its members through a certification from the local office of the Department of Social Welfare and Development (DSWD) and the LGU of residence: Provided, furthermore, That misdeclaration or falsification or any other false deed to conceal the real nature and composition of its members shall render its officers liable for criminal acts under existing laws.

(c) Period of Use of Public Land for Salt Farm. The salt producer with an SPTI shall be allowed use pf public land for salt production for twenty-five (25) years, renewable for another twenty-five (25) years: Provided, That the lease agreement shall be subject to early termination upon a determination by BFAR, upon due process, of the grantee's violation of the provision(s) of the SPTI.

(d) Limitation on the Size of Salt Farms. Individuals may lease up to fifty (50) hectares of salt farms. Corporations or cooperatives/associations may lease up to two hundred fifty (250) hectares. A lease applicant may apply for a lease for more than one (1) area and hold several lease agreements, but in no case shall the total area of such multiple lease agreements exceed the limits prescribed under this provision.