Natural Resources and Environmental Laws
Natural Resources and Environmental Laws
Answer First
Primary Text
NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS
change:
Provided,
further,
That
no
additional
or
adjustment in annual allowable cut shall be made until
after such a review has been made. (Amending P.D. No.
705
(Revised
Forestry
Code
of
the
Philippines),
Presidential Decree No. 1559, [June 11, 1978])
Section 27. Duration of license agreement or license to
harvest timber in forest lands. The duration of the
privilege to harvest timber in any particular forest land
under a license agreement or license shall be fixed and
determined in accordance with the annual allowable cut
therein, the established cutting cycle thereof, the yield
capacity of harvestable timber, and the capacity of
healthy residuals for a second growth.
The privilege shall automatically terminate, even before
the expiration of the license agreement of license, the
moment the harvestable timber have been utilized
without
leaving
any
logged-over
area
capable
of
commercial utilization.
The maximum period of any privilege to harvest timber
is twenty-five (25) years, renewable for a period, not
exceeding twenty-five (25) years, necessary to utilize all
the
remaining
commercial
quantity
or
harvestable
timber either from the unlogged or logged-over area.
It shall be a condition for the continued privilege to
harvest timber under any license or license agreement
that the licensee shall reforest all the areas which shall
be determined by the Bureau.
Section 28. Size of forest concessions. Forest lands shall
not be held in perpetuity.
The size of the forest lands which may be the subject of
timber utilization shall be limited to that which a person
may effectively utilize and develop for a period of fifty
(50)
years,
considering
the
cutting
cycle,
the
past
performance of the applicant and his capacity not only
to utilize but, more importantly, to protect and manage
the whole area, and the requirements of processing
plants existing or to be installed in the region.
Forest
concessions
which had been the subject of
consolidations shall be reviewed and re-evaluated for the
effective implementation of protection, reforestation and
management
thereof
under
the
multiple
use
and
sustained yield concepts, and for the processing locally
of the timber resources therefrom.
B. WOOD-PROCESSING
Section
29.
Incentives
to
the
wood
industry.
The
Department
Head,
in
collaboration
with
other
government
agencies
and
the
wood
industry
associations and other private entities in the country,
shall
evolve
incentives for the establishment of an
integrated wood industry in designated wood industry
centers and/or economic area.
The
President
of
the
Philippines,
upon
the
recommendations
of
the
National
Economic
Development Authority and the Department Head, may
establish
wood
industry
import-export
centers
in
selected locations: Provided, That logs imported for such
centers shall be subject to such precaution as may be
imposed by the Bureau, in collaboration with proper
government agencies, to prevent the introduction of
pests, insects and/or diseases detrimental to the forests.
Section
30.
Rationalization
of
the
wood
or
forest
products
industry.
—
While
the
expansion
and
integration
of
existing
wood
or
forest
products
processing plants, as well as the establishment of new
processing plants shall be encouraged, their locations
and operations shall be regulated in order to rationalize
the whole industry.
No expansion or integration of existing processing plant
nor establishment of new processing plant shall be
allowed unless environmental considerations are taken
into account and adequate raw material supply on a
sustained-yield basis is assured.
A long-term assurance of raw material source from
forest
concessions
and/or
from
industrial
tree
plantations,
tree
farms
or
agro-forest
farms
whose
annual allowable cut and/or whose harvest is deemed
sufficient to meet the requirement of such processing
plant shall govern, among others, the grant of the
privilege
to
establish,
install
additional
capacity
or
operate a processing plant.
Henceforth within one year from the date of this law, as
a condition to exercise of the privileges granted them
under a license agreement, license, lease or permit,
wood
or
forest
products
processors
without
forest
concessions
or
areas
that
may
be
developed
into
industrial tree plantations, tree farms or agro-forest
farms
and
licensees,
lessees
or
permittees without
processing plants shall jointly adopt any feasible scheme
or schemes, other than log supply contract, for the
approval of the Department Head: Provided, That no
license agreement, license, lease or permit, including
processing plant permit, shall be granted or renewed
unless said scheme or schemes are submitted to, and
approved by, the Department Head.
All processing plants existing, to be expanded, to be
integrated or to be established shall obtain operating
permits, licenses and/or approval from the Bureau or the
Department, as the case may be, and shall submit
themselves
to
other
regulations
related
to
their
operation.
The Department Head may cancel, suspend, or phaseout
all inefficient, wasteful, uneconomical or perennially
short in raw material wood or forest products processing
plants which are not responsive to the rationalization
program of the government. (Amending P.D. No. 705
(Revised Forestry Code of the Philippines), Presidential
Decree No. 1559, [June 11, 1978])
Section
31. Wood wastes, weed trees and residues.
Timber licensees shall be encouraged and assisted to
gather and save the wood wastes and weed trees in their
concessions, and those with processing plants, the wood
residues thereof, for utilization and conversion into wood
by-products and derivatives.
Section 32. Log production and processing. — Unless
otherwise
directed
by
the
President,
upon
recommendation of the Department Head, the entire
production
of
logs
by
all
timber
licensees
shall,
beginning January 1, 1976 be processed locally: Provided,
That the following conditions must be complied with by
those who apply be allowed to export a portion of their
log production to be determined by the Department
Head such that the total log export of these timber
licensees shall not exceed twenty-five percent (25%) of
the total national allowable cut:
1) Timber licensees with existing viable processing plants
or
2)
Timber
licensees
with
processing
projects
duly
approved by the Department Head or
"3)
Timber
licensees
who
have
acquired
viable
processing machinery and equipment which will be
installed and will become operational in accordance
with the schedule approved by the Department Head;
and
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