Laws on Natural Resources 2025_handout
Laws on Natural Resources
GE Board Exam 2024 Law Coverage:
Public Land Laws, Land Registration, and Natural Resources
Laws regarding Property and Ownership
Land Reform Laws aimed at addressing agrarian issues and promoting fair land distribution.
Laws on Obligations and Contracts to oversee civil agreements and liabilities.
Professional and Ethical Practices pertinent to environmental and property management professionals.
Rules and Regulations that Govern Land Surveying to guarantee precise measurement and assessment of land.
Other related laws contributing to the comprehensive framework of natural resource governance.
RA 7586: NIPAS (National Integrated Protected Areas System Act of 1992)
Purpose:
To define, manage, and govern designated protected areas, with the following objectives:
To maintain crucial ecological processes and life-support systems necessary for sustaining Earth's life.
To preserve genetic diversity, ensuring the survival of diverse species and genetic resources.
To secure the sustainable utilization of natural resources without exhausting them for coming generations.
To maintain natural conditions as much as possible to safeguard ecosystems.
Categories of Protected Areas:
Strict Nature Reserve:
An area of exceptional ecological importance that is kept in a natural state for research and conservation purposes.
Natural Park:
A vast area reserved for its natural aesthetics, ecological characteristics, and recreational possibilities, where resource extraction is banned.
Natural Monument:
Smaller zones protecting significant geological and ecological features that possess distinctive qualities.
Wildlife Sanctuary:
Areas specifically created to safeguard endangered species and their habitats.
Protected Landscape and Seascapes:
Areas where human interaction with nature is balanced to uphold cultural and natural values, also serving as sites for recreation and tourism.
Resource Reserve:
Designated areas aimed at conserving natural resources for sustainable future use.
Natural Biotic Areas:
Regions that accommodate communities living in harmony with nature, promoting cultural practices and ecological conservation.
Buffer Zones:
Areas adjacent to protected areas requiring specialized management controls to minimize negative impacts on the core protected regions.
Protected Area Management Board:
Roles:
To allocate budgets, endorse funding proposals, and manage planning and administration based on established management strategies suited for specific protected areas.
Environmental Impact Assessment (EIA):
Any activities proposed outside existing management plans must undergo an EIA, which evaluates possible environmental impacts from project inception to completion or abandonment.
An Environmental Compliance Certificate (ECC) must be secured under the Philippine EIA framework.
Philippine Mining Act of 1995 (RA 7942)
Overview:
Established a comprehensive legal framework for the exploration, development, utilization, and conservation of mineral resources in the Philippines.
The State retains ownership of all mineral resources as a measure to protect national interests and ensure environmental safety.
Important Terms in Mining:
Minerals: Naturally occurring inorganic substances, excluding energy resources such as coal and petroleum.
Classification of Minerals:
Includes metals or metalliferous ores, precious stones, fuels, saline and mineral waters, building stones, and non-metal resources.
Mining Area: Specific land designated for mining activities or support facilities.
Ore: Naturally occurring material from which minerals can be economically extracted and processed.
Mining Operations:
Exploration: The search for mineral resources, using various methods to ascertain their viability for mining.
Mineral Agreements: Contracts granting exclusive rights for mining operations.
Financial or Technical Assistance Agreement (FTAA): A contract allowing foreign investments in large-scale mining projects, with less than 50% Filipinos controlling the capital.
Quarry Resources and Permits:
Quarrying enables the extraction of sand, gravel, and gemstones under regulatory guidelines.
Duration: Permits generally last for five years and can be renewed.
Employment in Mining:
There are legal restrictions regarding the age of employment in mining:
Employment is prohibited for individuals under 16 years.
Individuals under 18 years are prohibited from underground work.
People’s Small-Scale Mining Act of 1991:
Defines small-scale mining legally and establishes regulations via the Provincial/City Mining Regulatory Board for local mineral resource governance.
Overview of UNCLOS:
United Nations Convention on the Law of the Sea: This international treaty defines the rights and obligations of nations concerning the use of the world's oceans, focusing on environmental sustainability and resource governance.
Territorial Sea: Extends 12 nautical miles from the baselines, allowing nations to enforce sovereignty while permitting the innocent passage of foreign vessels under specific conditions.
Exclusive Economic Zone (EEZ): Extends 200 nautical miles from the baselines, giving coastal states rights to explore and exploit natural resources within that area, balancing economic interests with ecological concerns.
Environmental Protection Regulations:
Game Refuge/Bird Sanctuary: Areas aimed at conserving wildlife populations, including game animals and aquatic resources.
Critical Watershed: Essential areas identified for restoration to manage erosion and support hydro-electric resources.
License Duration and Regulations:
Timber harvesting licenses fall under PD 705, which sets a maximum duration of 25 years, subject to renewal based on sustainable practices.
Additional Regulations:
Authority of the Secretary (RA 9175): Provides authority to regulate chainsaw ownership and impose penalties for infractions, alongside offering rewards for reporting unregistered chainsaws.
Water Code (Article 51): Establishes public use easements along riverbanks and lakeshores, outlining conditions for the occupation of such areas while ensuring public access for recreation and safety.