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:

  1. Strict Nature Reserve:

    • An area of exceptional ecological importance that is kept in a natural state for research and conservation purposes.

  2. Natural Park:

    • A vast area reserved for its natural aesthetics, ecological characteristics, and recreational possibilities, where resource extraction is banned.

  3. Natural Monument:

    • Smaller zones protecting significant geological and ecological features that possess distinctive qualities.

  4. Wildlife Sanctuary:

    • Areas specifically created to safeguard endangered species and their habitats.

  5. 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.

  6. Resource Reserve:

    • Designated areas aimed at conserving natural resources for sustainable future use.

  7. 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.