Article 28p. 28

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

therefore

be

allowed

except

through

a

license

agreement, license, lease or permit.

Section 40. Timber inventory in other lands containing

standing or felled timber. The Bureau shall conduct a

one

hundred

per

cent

(100%)

timber

inventory

in

alienable and disposable lands and civil reservations

immediately upon classification or reservation thereof.

No harvest of standing or felled timber in alienable and

disposable lands, private lands, civil reservation, and all

other lands, including those under the jurisdiction of

other government agencies, shall be allowed unless a

one hundred per cent (100%) timber inventory has been

conducted thereon.

Section 41. Sworn timber inventory reports. All reports on

timber

inventories

of

forest

lands,

alienable

and

disposable lands, private lands, civil reservations, and all

lands containing standing or felled timber must be

subscribed and sworn to by all the forest officers who

conducted the same.

Section 42. Participation in the development of alienable

and disposable lands and civil reservations. The privilege

to harvest timber in alienable and disposable lands and

civil reservations shall be given to those who can best

help in the delineation and development of such areas in

accordance

with

the

management

plan

of

the

appropriate government exercising jurisdiction over the

same.

The extent of participation shall be based on the amount

of timber which may be harvested therefrom.

Section 43. Swamplands and mangrove forests. Strips of

mangrove

forest bordering numerous islands which

protect the shoreline, the shoreline roads, and even

coastal communities from the destructive force of the

sea

during

high

winds

and

typhoons,

shall

be

maintained and shall not be alienated. Such strips must

be kept from artificial obstruction so that flood water

will flow unimpeded to the sea to avoid flooding or

inundation of cultivated areas in the upstream.

All mangrove swamps set aside for coast-protection

purposes shall not be subject to clear-cutting operation.

Mangrove and other swamps released to the Bureau of

Fisheries and Aquatic Resources for fishpond purposes

which are not utilized, or which have been abandoned

for five (5) years from the date of such release shall revert

to the category of forest land.

Section 44. Visitorial power. The Department Head may,

by himself or thru the Director or any qualified person

duly designated by the Department Head, investigate,

inspect

and

examine

records,

books

and

other

documents relating to the operation of any holder of a

license agreement, license, lease, or permit, and its

subsidiary

or

affiliated

companies,

to

determine

compliance with the terms and conditions thereof, this

Code and pertinent laws, policies, rules and regulations.

Section 45. Authority of forest officers. When in the

performance of their official duties, forest officers, or

other government officials or employees duly authorized

by the Department Head or Director, shall have free

entry into areas covered by a license agreement, license,

lease or permit.

Forest officers are authorized to administer oath and

take acknowledgment in official matters connected with

the functions of their office, and to take testimony in

official investigations conducted under the authority of

this Code and the implementing rules and regulations.

Section

46.

Scaling

stations.

In

collaboration

with

appropriate

government

agencies,

the

Bureau shall

establish control or scaling stations at suitably located

outlets of timber and other forest products to insure that

they were legally cut or harvested.

Section 47. Mining operations. Mining operations in

forest lands shall be regulated and conducted with due

regard to protection, development and utilization of

other surface resources.

Location,

prospecting,

exploration,

utilization

or

exploitation of mineral resources in forest reservations

shall be governed by Mining laws, rules and regulations.

No

location,

prospecting,

exploration,

utilization,

or

exploitation

of

mineral

resources

inside

forest

concessions shall be allowed unless proper notice has

been served upon the licensees thereof and the prior

approval of the Director, secured.

Mine tailings and other pollutants affecting the health

and safety of the people, water, fish, vegetation, animal

life and other surface resources, shall be filtered in silt

traps or other filtration devices and only clean exhausts

and liquids shall be released therefrom.

Surface-mined areas shall be restored to as near its

former natural configuration or as approved by the

Director

prior

to

its

abandonment

by

the

mining

concern.

Section 48. Mineral Reservations. Mineral reservations

which are not the subject of mining operations or where

operations have been suspended for more than five (5)

years shall be placed under forest management by the

Bureau.

Mineral reservations where mining operations have been

terminated due to the exhaustion of its minerals shall

revert to the category of forest land, unless otherwise

reserved for other purposes.

Section 49. Roads and other infrastructure. Roads and

other infrastructure in forest lands shall be constructed

with the least impairment to the resource values thereof.

Government agencies undertaking the construction of

roads,

bridges,

communications,

and

other

infrastructure and installations inside forest lands, shall

coordinate with the Bureau, especially if it will involve

the utilization or destruction of timber and/or other

forest resources, or watershed disturbance therein, in

order to adopt measures to avoid or reduce damage or

injury to the forest resource values.

They shall likewise extend assistance in the planning and

establishment of roads, wharves, piers, port facilities, and

other

infrastructure

in

locations

designated

as

wood-processing

centers

or

for the convenience of

wood-based industries.

In order to coincide and conform to government plans,

programs,

standards,

and

specifications,

holders

of

license agreements, licenses, leases and permits shall

not undertake road or infrastructure construction or

installation in forest lands without the prior approval of

the Director, or in alienable and disposable lands, civil

reservations and other government lands, without the

approval

of

the

government

agencies

having

administrative jurisdiction over the same.

All roads and infrastructure constructed by holders of

license agreements, licenses, leases and permits belong

to the State and the use and administration thereof shall

be transferred to the government immediately upon the

expiration

or

termination

thereof.

Prior thereto the

Bureau may authorize the public use thereof, if it will not

be detrimental to forest conservation measures.

© 2018 Compiled by RGL

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