Natural Resources and Environmental Laws
Natural Resources and Environmental Laws
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NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS
units, and/or when exploratory drilling is shown to be
necessary
by
satisfactory
geophysical
survey,
a
moratorium on work obligations for a period of two
concession years from the date of the approval of this
Act.
The
term "exploratory drilling" shall mean the
drilling of wells suitable to the production of petroleum
and does not include drilling wells suitable only for
stratigraphic information. (Amendments to R.A. No. 387
(Petroleum Act of 1949), Republic Act No. 3098, [June 17,
1961]) ]
ARTICLE 48.Work obligations on two or more exploration
blocks within any one sedimentary basin. — In case two
or
more
exploration
blocks
held
by
the
same
concessionaire are in the same sedimentary basin, the
total amount of work obligations for exploration required
therefor in any concession year during the initial term of
four years and its extensions may be spent anywhere
within the sedimentary basin where such exploration
blocks or any portion thereof are located as if said blocks
are covered by a single concession. Any amount spent in
excess of the minimum required in any concession year
for any of the said concessions herein referred to, may, at
the election of the concessionaire, be credited against
exploration work obligations in the same year for other
concessions in the same sedimentary basin, or carried
forward and credited against future exploration work
obligations on any of the concession herein referred to:
Provided, That, in the event such excess expenditure is
carried forward to the succeeding year or years and
credited
against
the
work
obligations
for
other
concessions the concessionaire shall be obligated to
continue exploration operations in each of the said other
concessions to the extent of twenty-five per centum of
the minimum amount of work obligations required in
any
concession
year.
Failure
to
comply
with
this
obligation shall be considered as non-compliance with
the provisions of this Act.
However,
a
concessionaire
holding
two
or
more
exploration concessions may, upon previous approval of
the Secretary of Agriculture and Natural Resources thru
the
recommendation
of
the
Director
of
Mines,
concentrate the performance of his exploration work
obligations
required
to be performed under Article
forty-seven hereof on each of the said concessions held
by the said concessionaire by drilling exploratory wells in
any one of them whether or not they are located in the
same sedimentary basin: Provided, That such approval
shall only be given when at least fifty per centum of the
total area of all the concessions held by the same
concessionaire had already been covered by geological
and/or geophysical investigations and the same had
already been completed and report thereon submitted
to
the
satisfaction
of
the
Director
of
Mines.
And,
provided, further, That the concessionaire has complied
with
all
obligations
as
to
all
said
concessions.
(Amendments to R.A. No. 387 (Petroleum Act of 1949),
Republic Act No. 3098, [June 17, 1961])
ARTICLE 49.Annual exploration tax. — Each holder of an
Exploration
Concession
shall
pay
during the whole
period
of
such
concession
and
its
extension
or
extensions if any, an annual exploration tax as follows:
Initial term:
First year — Not less than five centavos per hectare per
year, or fraction thereof.
Second and third year — Not less than seven and
one-half
centavos per hectare per year, or fraction
thereof.
Fourth year — Not less than ten centavos per hectare per
year, or fraction thereof.
First extension:
Fifth to seventh year — Ten centavos per hectare per
year, or fraction thereof.
Second extension:
Eighth to tenth year — Twelve and one-half centavos per
hectare per year, or fraction thereof. hereby repealed
(Repealing Article 49 of R.A. No. 387 (Petroleum Act of
1949), Republic Act No. 4304, [June 19, 1965])
ARTICLE 50.Renunciation of areas covered by Exploration
Concession. — The holder of an Exploration Concession
may, at any time, renounce the whole or any part of the
total area covered by his concession: Provided, That, in
case of partial renunciation, the portion retained shall be
not less than twenty thousand hectares, unless the same
is contiguous to another exploration block or blocks held
by the same concessionaire, in which case, the total area
of all the contiguous blocks thus retained for exploration
shall be not less than twenty thousand hectares.
CHAPTER V Exploitation Concession
ARTICLE 51.Definition of Exploitation. — "Exploitation"
means
all
work
within
the
area
embraced
by
an
Exploitation Concession that have for their object the
production of petroleum within such area, including, but
not restricted to, drilling and operating wells, providing
and operating pumping and storage facilities; pipe lines
and other such work and facilities as are useful for the
purpose
of
making
petroleum
available
for
sale,
manufacture or refining within or for shipment from
such area; but does not include any operation which is a
part of manufacturing or refining, or any work outside
such area which are a part of a pipe line or other special
transportation system.
ARTICLE 52.Application for Exploitation Concession. —
Application for Exploitation Concession shall be filed
with the Director of Mines in accordance with the
provisions
of
article
twenty-eight
of
this
Act.
The
Regulations shall prescribe the form and contents of
application for Exploitation Concession.
ARTICLE
53.
Application
for
exploitation
concession
covering areas within exploration concession. — An
exploration concessionaire, at any time during the life of
his concession, including any extension thereof, may
select for exploitation purposes one or more parcels
from the area covered by his exploration concession.
Upon application and fulfillment of all the requirements
of this Act, and provided that the total area of such
parcel or parcels so selected from any one exploration
block shall not exceed one-half of the area of such block,
an
exploitation
concession
covering
such
parcel or
parcels, shall be granted to such applicant. Such parcels
may be selected by the applicant anywhere within the
exploration block, whether contiguously or separately:
Provided, That any parcel or parcels so selected and
applied for shall be charged against the total area to
which
the exploration concessionaire is entitled for
exploration.
Provided that all the requirements of this Act and the
regulations have been complied with, an application for
exploitation concession filed as provided for in this
article shall, pending the issuance of an exploitation
concession covering the areas for which application has
been made, operate to confer upon the concessionaire
all the rights and obligations which are conferred by this
Act
through
an
exploitation
concession:
Provided,
further, That an exploitation concession may also be
granted to any person who, without being a holder of an
exploration concession, discovers and registers with the
Bureau of Mines in accordance with Article sixty-five
hereof
any
natural
deposit
or seep or natural gas
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