Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 248
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7. OTHERS
A successful implementation and operation
of OSW energy projects will definitely benefit the country from reduced local pollution
from coal plants.145 Coastal communities
may benefit through jobs, although potential conflicts with fisheries, aquaculture,
and other marine industries—and cultural
heritage—will need to be considered.146
Under the template OSWESC, the RE developer agrees to give preference in employment to qualified Filipino employees who
are residents of the host local government
units and will undertake the development
and training of Filipino employees for labor
and staff positions, including administrative, technical and executive management
positions. Further, in the course of its operations, the RE developer shall maintain as
much as possible, an equal percentage men
and women employees and accord them
equal access to development and training
programs.147
It is also important to consider whether
an ancestral domain will be affected by an
OSW project. Under the Indigenous Peoples’
Rights Act of 1997 (IPRA), all departments
and other government agencies cannot
issue, renew or grant any concession, license
Republic of the Philippines
or lease without prior certification from the
NCIP that the area affected does not overlap
with any ancestral domain, issued after a
field-based investigation is conducted by
the Ancestral Domains Office of the area
concerned.148 The IPRA likewise requires free
and prior informed and written consent
(FPIC) of all indigenous cultural communities (ICC) or indigenous peoples (IP)149 in the
form of a Certificate Precondition (attesting
to the grant of FPIC by the concerned ICCs
or IPs) as a condition precedent to any plan,
project, program or activity affecting ancestral domains.150
ICCs and IPs cannot be relocated without
their FPIC.151 Ancestral domains or portions which are found necessary for critical
watersheds, mangroves, wildlife sanctuaries,
protected area as determined by appropriate government agencies with the full
participation of the ICCs or IPs concerned,
shall be maintained, developed, protected,
conserved by the ICCs or IPs. If the ICCs or
IPs decide to transfer the responsibility over
such areas, such consent or decision must
be made in writing, arrived at in accordance
with customary laws.152 Thus, an RE developer needs to secure the necessary certifications or permits pursuant to the IPRA and
relevant regulations.
145 See World Bank Group, Offshore Wind Roadmap for the Philippines, available at https://www.doe.gov.ph/sites/default/files/pdf/announcements/
Philippine-Offshore-Wind-Roadmap.pdf?withshield=1 (last accessed February 28, 2023).
146 Id.
147 Template OSWESC, Section XVI.
148 IPRA, Section 59.
149 Id.
150 IPRA, Section 59 in relation to NCIP Administrative Order No. 03-12, "The Revised Guidelines on Free and Prior Informed Consent (FPIC) and Related
Processes of 2012", April 13, 2012.
151 IPRA, Section 7(c).
152 IPRA, Section 58.
