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Forestry Code Philippine Mining Act National Integrated Protected Areas System (NIPAS) Act
LAND CLASSIFICATION
Sec. 6, Public land act (C.A. 141 as amended)
The President upon the recommendation of the Secretary of the Department of Environment and Natural Resources, shall from time to time classify the lands of the public domain into: (a) Alienable or disposable, (b) Timber, and (c) Mineral lands And may at any time in a like manner transfer such lands from one class to another, for the purposes of their administration and disposition.
FORESTRY CODE
PD 705 AS AMENDED
PHILIPPINE FOREST COVER (By REGION, Area in Hectares) As of December 31, 2003
REGION NCR National Capital Region CAR Cordillera Administrative Region R-01 Ilocos Region R-02 Cagayan Valley Region R-03 Central Luzon Region R-04a Calabarzon Region R-04b Mimaropa Region R-05 Bicol Region
OPEN FOREST 2,790 246,848 117,217 604,473 304,214 161,165 604,246 90,284
PLANTATI MAN- GROVE ON FOREST 30 0 151 8,602 368 11,346 57,567 13,499 * 40,595 34,710 33,621 58,672 * 48,465 2,075
TOTAL FOREST 2,820 672,320 189,801 1,149,845 589,495 289,673 1,195,144 156,476
PHILIPPINE FOREST COVER (By REGION, Area in Hectares) As of December 31, 2003
REGION
R-06 Western Visayas Region R-07 Central Visayas Region R-08 Eastern Visayas Region R-09 Zamboanga Peninsula Region R-10 Northern Mindanao Region R-11 Davao Region R-12 Soccsksargen Region R-13 Caraga Region ARMM Autonomous Region in Muslim Mindanao PHILIPPINES
CLOSED FOREST 105,873 2,231 36,473 29,652 107,071 177,503 126,385 64,729 106,319 2,560,872
OPEN FOREST 104,686 43,026 410,111 126,790 226,400 240,986 218,858 431,832 96,661 4,030,588
MAN- GROVE
4,600 11,770 38,781 22,278 2,492 2,010 1,350 26,731 45,786 247,362
PLANTATI ON FOREST 49,355 17,842 34,483 3,474 1,530 536 2,641 * 1,580
TOTAL FOREST 264,514 74,869 519,848 182,195 337,493 421,035 349,234 523,292 250,346
329,578 7,168,400
a) Public forest is the mass of lands of the public domain which has not been the subject of the present system of classification for the determination of which lands are needed for forest purposes and which are not. b) Permanent forest of forest reserves refer to those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes. c) Alienable and disposable lands refer to those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes. d) Forest lands include the public forest, the permanent forest or forest reserves and forest reservations.
e) Grazing land refers to that portion of the public domain which has been set aside, in view of the suitability of its topography and vegetation, for the raising of livestock. f) Mineral lands refer to those lands of the public domain which have been classified as such by the Secretary of Natural Resources in accordance with prescribed and approved criteria, guidelines and procedure. g) Forest reservations refer to forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes. h) National park refers to a forest land reservation essentially of primitive or wilderness character which has been withdrawn from settlement or occupancy and set aside as such exclusively to preserve the scenery, the natural and historic objects and the wild animals or plants therein, and to provide enjoyment of these features in such a manner as will leave them unimpaired for future generations.
o) Mangrove is a term applied to the type of forest occurring on tidal flat along the sea coast, extending along stream where the water is brackish. p) Kaingin refers to a portion of the forest land which is subjected to shifting and/or permanent slash-and-burn cultivation. q) Forest product means timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey beeswax, nipa, rattan, or other forest growth such as grass, shrub, and flowering plant, the associated water, fish, game, scenic, historical, recreational and geologic resources in forest lands. t) Industrial tree plantation refers to any forest land extensively planted to tree crops primarily to supply raw material requirements of existing or proposed wood processing plants
v) Agro-forestry is a sustainable management for land which increases overall production, combines agricultural crops, tree and forest plants and/or animals simultaneously or sequentially, and applies management practices which are compatible with the cultural patterns of the local population. w) Multiple-use is the harmonized utilization of the land, soil, water, wildlife, recreation value, grass and timber of forest lands. x) Selective logging is the systematic removal of the mature, over-mature and defective tress in such manner as to leave adequate number and volume of healthy residual trees of the desired species necessary to assure a future crop of timber, and forest cover for the protection and conservation of soil, water and wildlife. aa) Sustained yield management implies continuous or periodic production of forest products in a working unit for the purpose of achieving at the earliest practicable time an approximate balance between growth and harvest or use. This is generally applied to the commercial timber resources and is also applicable to the water, grass, wildlife, and other renewable resources of the forest.
PRINCIPLES
1) Delineation, classification and demarcation of State forestlands 2) Holistic, sustainable and integrated development of forestry resources 3) Community-based forest conservation and development 4) Incentives for enhancing private investments, economic contribution and global competitiveness of forest-based industries 5) Proper valuation and pricing of forestry resources and financing Sustainable Forest Management 6) Institutional support for Sustainable Forest Management
a) The protection and advancement of the right of the people to a balanced and healthful environment; b) The equitable distribution of opportunities, income and wealth, sustained increase in the amount of goods and services produced by the nation for the benefit of the people, and an expanding productivity from natural resources as keys to uplift the quality of life; and c) The promotion of industrialization and creation of employment opportunities based on sound resource development through industries that make full and efficient use of human and natural resources.
a) To attain a balanced, productive and efficiently functioning forest ecosystem through the sustainable management of forests and the rehabilitation of degraded forestlands; b) To ensure a continuous supply of wood and non-wood products for the country by encouraging all sectors to engage in the development of industrial plantations; c) To improve the economic well-being of upland people and communities dependent on forest resources by ensuring equitable opportunities and access to forest resources
Sec. 20 of the Forestry Code that when the national interest so requires, the President may amend, modify, replace or rescind any contract, concession, permit, licenses or any other form of privilege granted herein. All licenses may thus be revoked or rescinded by Executive Action. It is not a contract, property or a property right protected by the due process clause of the constitution. (Tan vs. Dir. Of Forestry, 125 SCRA 302, 325 [1983]) All Filipino citizens are entitled, by right, to a balanced and healthful ecology as declared under the Constitution. Correlative duty to refrain from impairing the environment. The DENR is the instrumentality of the State mandated to actualize this policy. DENR followed regular procedure regarding the assessment of the IFMA Evaluation Team was created and submitted its report. IFMA holder did not contest the report. Self-serving Accomplishment Reports cannot prevail over the actual inspection stated in the document [Evaluation Report].
FOREST FIRE
MANGROVES
A mangrove area refers to the area found along the seacoast and estuaries whether sparsely or thickly vegetated with true and/or associated mangrove species, or open swampy areas, including brackish fishponds, extending along stream where the water is brackish.
DENR AO 15-90
MANGROVES TO FISHPONDS
FISHPOND LEASE AGREEMENTS & MANGROVE PLANTATIONS DENR AO 15-90 Local organizations may be Maximum area = 50 hectares
awarded certificates of stewardship contracts to undertake sustainable activities based on an approved Management Plan which cannot include: Fishpond development Saltworks Paddy cultivation for corporations, cooperatives, associations; 10 hectares for individuals. Planted trees may be cut with permit but at least 40 healthy trees, spaced regularly and representative of the species in the area shall be retained when trees are cut.
ANCESTRAL DOMAINS
sec. 7b, Indigenous Peoples Rights Act , RA 8371 Right to develop land and natural resources Subject to Section 56 hereof, the right to develop, control and use lands and territories traditionally occupied, owned, or used; to manage and conserve natural resources within the territories and uphold the responsibilities for future generations; to benefit and share the profits from allocation and utilization of the natural resources found therein; the right to negotiate the terms and conditions for the exploration of natural resources in the areas for the purpose of ensuring ecological, environmental protection and the conservation measures, pursuant to national and customary laws; the right to an informed and intelligent participation in the formulation and implementation of any project, government or private, that will affect or impact upon the ancestral domains and to receive just and fair compensation for any damages which they may sustain as a result of the project; and the right to effective measures by the government to present any interference with, alienation and encroachment upon these rights;
OBJECTIVES
a. To ensure that environmental considerations are incorporated in all development activities within small islands; b. To properly value benefits derived as well as damages incurred from the utilization and development of natural resources for proper decision making; c. To encourage the community, NGOs and other government agencies in the rehabilitation, improvement and sustainable use of resources of small islands; and d. To ensure equitable access of individuals, associations, and communities to benefits derived from the development and utilization of small islands.
DEFINITIONS, sec. 3
b. Coastal area is a band of dry land and adjacent ocean space (water and submerged land) in which terrestrial processes and uses directly affect oceanic processes and uses, and vice versa; its geographic extent may include areas within a landmark limit of one kilometer from the shoreline at high water tide to include mangrove, swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward limit of 200 meters isobath to include coral reefs, algal flats, seagrass beds and other soft-bottom areas (as defined by RA 8550). g. Foreshore a string of land margining a body of water; the part of a seashore between the low-water line usually at the seaward margin of a low tide terrace and the upper limit or wave wash at high tide usually marked by a beach scarp or berm. j. Small Islands refer to islands/islets with an area of not more than 50,000 hectares.
a. Islands/islets less than 500 has. shall be under strict conservation areas and such shall not be alienated nor disposed for any purpose. b. Islands/islets 500 has. up to 5,000 has. shall be under restricted use. Land titling shall be limited to those with pending applications on classified A & D lands as of the effectivity of this Order. c. Islands/islets above 5,000 has. up to 50,000 has. shall be open to sustainable development. Land titling may be undertaken in certified A & D lands.
DEFINITIONS, sec. 3
k. Small Islands Management Agreement (SIMA) a production-sharing agreement between a qualified person, association and/or corporation and the government to develop, manage and utilize small islands.
TYPHOON SENDONG
This was how a University of the Philippines geologist described the flash floods that hit Iligan City at the height of Tropical Storm Sendong which left more than 400 dead in the city alone. Alfredo Mahar Lagmay explained that the rushing waters which came from the upstream part of the Mandulog River were so strong that they swept away everything in their pathfrom rocks, mud, to whole trees. It was like a tsunami, but with more debris that made it even more erosive, Lagmay said, as he described the extent of the hyperconcentrated flash floods strength. And while illegal logging in the mountains above the city may have been a factor in the destruction, Lagmay said the primary cause of the flash floods was the heavy rains. Loggingmay it be legal or illegal may have aggravated the floods, but the primary reason for this was the
1. Abandoned logs logs left within forestlands, A&D lands and private lands, whose owners or claimants cannot be identified. 2. Drifted logs logs that are washed out by floods and/or water currents. 3. Fire Damaged trees trees damaged by forest fires, that are either dead or living but with nil chance of survival. 4. Sunken logs logs found at the bottom of a river/stream, sea cove and other bodies of water 5. Typhoon damaged trees trees whose tops, branches and trunks were blown away or destroyed by strong wind that are either dead or living but with nil chance of survival 6. Uprooted trees trees that were blown down due to natural causes, the roots of which are exposed above the ground and have a nil chance of survival
Wood Recovery Permit a permit issued by the DENR to gather/retrieve and dispose abandoned logs, drifted logs, sunken logs, uprooted and fire/typhoon damaged trees, tree stumps, tops and branches.
DENR VS. YAP - BORACAY What is the land classification of BORACAY ISLAND? Can the DENR be ordered to issue land titles to the resort owners? What is the proper remedy?
MINING ACT
R.A. 7942
Ecological profile refers to geographic-based instruments for planners and decision-makers which presents an evaluation of the environmental quality and carrying capacity of an area. Carrying capacity the capacity of natural and human environments to accommodate and absorb change without experiencing conditions of instability and attendant degradation Contiguous zone refers to water, sea bottom, and sub-stratum measured 24 nautical miles seaward from the baseline of the Philippine archipelago Exclusive economic zone means the water, sea bottom, and subsurface measured from the baseline of the Philippine archipelago up to 200 nautical miles offshore.
FTAA
Sec. 33. Eligibility. - Any qualified person with technical and financial capability to undertake large-scale exploration, development, and utilization of mineral resources in the Philippines may enter into a financial or technical assistance agreement with the Government through the Department (DENR). Sec. 36. Negotiations. A FTAA shall be negotiated by the DENR and executed and approved by the President. The President shall notify Congress of all FTAAs within 30 days from execution and approval thereof.
Are the MINING ACT and its IRR constitutional? - Didipio Earth-Savers Multi-Purpose association (DESAMA) et al.,
vs. gozun, et al. (2006) Sec. 76. Entry into Private Lands and Concession Areas Subject to prior notification, holders of mining rights shall not be prevented from entry into private lands and concession areas by surface owners, occupants, or concessionaires when conducting mining operations therein: Provided, that any damage done to the property of the surface owner, occupant, or concessionaire as a consequence of such operations shall be properly compensated as may be provided for in the IRR: Provided, further, That to guarantee such compensation, the person authorized to conduct mining operation shall, prior thereto, post a bond with the regional director based on the type of properties, the prevailing prices in and around the area where the mining operations are to be conducted, with surety or sureties satisfactory to the regional director.
case of disagreement, it shall be determined by the Director for areas inside Mineral Reservations and the Regional Director for areas outside Mineral Reservations based on the type of the land and value of the trees, plants and other existing improvements thereto.
Certificate of environmental management and community relations record (CEMCRR) sec. 167-A
A CEMCRR is one of the requirements in the approval of Mineral Agreements, FTAA, quarry or commercial/Industrial Sand and Gravel Permit and MPP. It is the applicants proof of satisfactory environmental management and community relations in its past mineral resource use ventures. The CEMCRR shall be issued by the Regional Office concerned upon compliance with the following: payment of the processing fee; and satisfactory environmental management and community relations record from Regional Office(s) concerned of the MGB and EMB. Xxx A Certificate of Exemption will be issued by the Regional Director concerned, in lieu of the CEMCRR to an applicant with no past mineral resource use or mining related ventures.
ENVIRONMENTAL WORK PROGRAM (EWP) sec. 168 Applicants for Exploration Permits, as well as those for Mineral Agreements
and FTAAs which shall undertake exploration activities, shall submit to the Regional Office(s) concerned an EWP detailing the environmental impact control and rehabilitation activities proposed during the exploration including the costs to enable sufficient financial resources to be allocated to meet the environmental and rehabilitation commitments. The EWP shall provide a description of the expected and considered acceptable impacts and shall set out the environmental protection and enhancement strategies based on best practice in environmental management in mineral exploration. It shall include a statement on post-exploration land use potential for various types of disturbed land and extend to the completion of the commitments in the rehabilitation of the disturbed land in a technically, socially and environmentally competent manner. Xxx The program shall include implementation schedules, system of environmental compliance guarantees, monitoring, reporting and cost provisions. Where proposed practices are unproven, a research program to prove the impact control and rehabilitation technology shall be required.
Mineral resources rehabilitation Plan Contractors and permittees shall technically and biologically rehabilitate the excavated mined-out, tailings covered and disturbed areas to the condition of environmental safety, as may be provided in IRR. sec. 71, RA 7942 The Final Mine Rehabilitation/Decommissioning Plan or Mine Closure Plan shall be integrated in the EPEP shall consider all mine closure scenarios and shall contain cost estimates for the implementation of the FMR/DP to achieve the objectives of mine closure decommissioning, rehabilitation, maintenance and monitoring, and employee and other social costs, including residual care, if necessary over a 10-year period.
Mine waste and Tailings (mwt) Fees Reserve Fund sec. 189
MWT fees shall be collected semiannually from each operating Contractor/PH based on the amounts of mine waste and mill tailings it generated for the said period. Xxx to be used for compensation for damages caused by any mining operations. Xxx for research projects duly approved and deemed necessary for the promotion and furtherance of its objectives.
More than 1 mining area, requires approval of Sanggunian; Feasibility Study; Work Program
R.A. 7076
PROVINCIAL/CITY MINING REGULATORY BOARD FUNCTIONS SEC. 24 a) Declare and segregate existing gold rush areas for small-scale
b) c) d) e) f)
mining Reserve future gold and other mining areas for small-scale mining Award contracts to small-scale miners Formulate and implement rules and regulations related to smallscale mining Settle disputes, conflicts or litigations over conflicting claims within a peoples small scale mining area Perform such other functions as may be necessary to achieve the goals and objectives of this Act
NGO
R.A. 7586
Ecotourism facilities
Camp sites
Communication facilities
Transmission lines
Irrigation canals/waterways
Right of way
Aqua culture
Agro-forestry
Forest plantation
OVERLAPPING ANCESTRAL LANDS & PROTECTED AREAS = harmonized plan joint DENR-NCIP MC No. 2007-01
Based on the resources assessment and/or existing plans, the management plan of the protected area shall be prepared jointly by the Technical Working Group to be created at the regional level of the DENR and NCIP with the participation of the concerned ICCs/Ips. The management plan shall include among others, the objectives, strategies, zoning and allowable resource utilization and committed activities of the stakeholders. In cases where both the Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) and the Protected Area Management Plan (PAMP) on the same land/coverage area are existing, the same shall be reviewed by the TWG concerned to facilitate harmonization of the plans. Where only the ADSDPP exists, it will be enhanced to ensure the protection and conservation of biological diversity, however, in the absence thereof, the community shall formulate a management plan, taking into consideration any existing PAMP, with the assistance of the DENR and NCIP.
OVERLAPPING ANCESTRAL LANDS & PROTECTED AREAS = harmonized plan joint DENR-NCIP MC No. 2007-01
The harmonized plan shall adhere to the existing policies on:
Use of natural resources like wildlife Access to natural resources for family use and sustenance based on established traditions and customs Construction of infrastructure in accordance with EIA Management arrangement and commitment of stakeholders Monitoring and evaluation
Mayor of Magpet
Mayor of Makilala
Mayor of Kidapawan
Mayor of Bansalan
Mayor of Digos
3 IP representatives
8 NGOs/POs
Other stakeholders