Purposes and Specific Powers.
Section 4
SEC. 4. Purposes and Specific Powers. — The purposes and specific powers of the Authority are as follows: To operate, administer and manage the export processing zone established in the Port of Mariveles, Bataan, and such other export processing zones as may be established under this Decree; to construct, acquire, own, lease, operate and maintain infrastructure facilities, factory building, warehouses, dams, reservoir, water distribution, electric light and power system, telecommunications and transportation, or such other facilities and services necessary or useful in the conduct of commerce or in the attainment of the purposes and objectives of this Decree; To take water from any public stream, river, creek, lake, spring or waterfall in the Philippines as may be necessary for the attainment of the purposes of this Decree; to alter, straighten, obstruct or increase the flow of water in streams or in water channels intersecting or connecting therewith or contiguous to its works or any part thereof; and to undertake land reclamation; To acquire and hold agricultural lands in excess of the areas permitted to private corporations or associations by the Constitution; To determine and regulate the enterprises to be established within an export processing zone in order not to adversely affect the operations of existing domestic industries outside said Zone; to operate such Zone as a public utility wherein all the rates and charges for all services or privileges therein shall be fair and reasonable as determined solely by the Authority, and the Authority shall afford all who may apply for the use of the Zone and its facilities and appurtenances uniform treatment under like conditions subject to such treaties or commercial conventions as are now enforced or may hereafter be made by the Philippines with any foreign government from time to time; To grant the use or to rent, lease or let, for a consideration and under such terms, arrangements and conditions it may deem reasonable and proper, any and all port facilities, including stevedoring and port terminal services, or any concession properly incident thereto or in connection with the receipt, delivery, shipment and transfer in transit, weighing, marking, tagging, fumigating, refrigerating, icing, storing and handling of goods, wares and merchandise: Provided, however, That where the port terminal facilities arc owned and operated by private persons, the fees and charges to be levied shall not exceed that being collected by the Government for similar services; Upon application, to grant such franchise to operate and maintain exclusively within the Zone electric light, heat or power system, transportation, communication, warehousing, ice plant or cold storage; and, under uniform and reasonable rates and regulations made thereunder, permit to persons, firms, corporations or associations the use of the Zone and its facilities, or the privilege to erect such buildings and other structures within the Zone as will meet their particular requirements: Provided, That such franchise or permission shall not constitute a vested right as against the Government, nor interfere with or complicate the revocation of the grant: Provided, further, That such franchise or permit shall not be granted on terms that conflict with the public use of the Zone, as set forth in this Decree; To fix, assess and collect storage charges and fees, including rentals for the lease, use or occupancy of lands, buildings, structure, warehouses, facilities and other properties owned and administered by the Authority; and to fix and collect the fees and charges for the issuance of permits, licenses and the rendering of services not enumerated herein, the provisions of law to the contrary notwithstanding; For the due and effective exercise o' the powers conferred by law and to the extend requisite therefor, to exercise exclusive jurisdiction and sole police authority over all areas owned or administered by the Authority. For this purpose, the Authority shall have supervision and control over the bringing in or taking out of the Zone, including the movement therein, of all cargoes, wares, articles, machineries, equipment, supplies or merchandise of every type and description; When essential to the proper administration of its corporate affairs or when necessary for the proper transaction of its business or for carrying out the purposes of this Decree, to contract indebtedness and issue bonds, subject to the conditions set forth in Section 19 hereof; To create and operate and/or contract to operate such agencies, functional units, offices and departments of the Authority as it may deem necessary or useful for the furtherance of any of the purposes of this Decree; To adopt, alter and use a corporate seal which shall be judicially noticed; make contracts, lease, own or otherwise dispose of personal and real property; sue and be sued; and otherwise do and perform any and all things that may be necessary or proper to carry out the purposes of the Authority.