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Major Developments
Guidelines
on recovery of drifted logs issued The
Department of Environment and Natural Resources (DENR) has issued
regulations governing the recovery and disposition of abandoned logs,
drifted logs, sunken logs, uprooted and fire/typhoon damaged trees, tree
stumps, tops and branches. DENR
Secretary Antonio H. Cerilles issued Administrative Order No. 2000-78 last
November so that abandoned logs, drifted logs, sunken logs, uprooted and
fire/typhoon damaged trees, tree stumps, tops and branches may be utilized
for the manufacture of lumber and other finished products. Thru
the Order, Cerilles said, the DENR shall allow the orderly recovery and
disposition of retrievable wood materials found within forestlands,
alienable and disposable lands, private lands and along rivers, streams,
oceans and other bodies of water. The
AO allows the recovery and disposition of retrievable wood materials
provided such materials are from naturally grown trees in forestlands,
alienable and disposable lands, and private lands and those of planted
species found within forestlands. The logs and other wood materials must
be free from adverse claim. Only
the National Resources Development Corporation (NRDC), Local Government
Units (LGUs) having territorial jurisdiction over the retrievable wood
materials, Filipino citizens of legal age, and partnerships, associations,
cooperatives or corporations may apply for the Wood Recovery Permit
subject to priority. No permit will be issued covering areas under the
National Integrated Protected Areas System (NIPAS), which are
environmentally at high risk. Tenants
or holders of tenurial instruments have first nib on fire and typhoon
damaged and uprooted trees, tree stumps, tops and branches in public
lands, followed by the NRDC, LGU and Filipino citizens or corporation. For
similar materials found in private lands, the lot or land owner has first
priority, followed by the NRDC and LGU concerned. For
trees damaged by fire or typhoon, the damage should be of the extent that
the trees, either dead or living, have nil chance of survival. On the
other hand, the AO defines uprooted trees as that blown down due to
natural causes, the roots of which are exposed above the ground and have
nil chance of survival. For
abandoned logs, or logs left within forestlands, alienable and disposable
lands and private lands, whose owners or claimants cannot be identified,
the NRDC has first priority, followed by the LGU and the citizen or
corporation. For
logs that have been washed away by floods and water currents as well as
those found at the bottom of a river, stream, sea cove and other bodies of
water, it will be finders keepers. The finder of the lumber materials gets
to apply for a permit first, followed by NRDC, LGU and the Filipino
citizen or corporation. The
CENRO is allowed to issue a Wood Recovery Permit with an effectivity of
one month for timber volume not greater than five cubic meters while the
PENRO can issue a similar permit for two months for timber up to 15 cubic
meters in volume. For volumes not less than 30 cubic meters, the Regional
Executive Director will issue a three-month permit while for volumes
greater than that, it will be DENR Secretary who will issue the permit
lasting from four months to one year. The AO also provides that the CENRO shall conduct an inventory of the wood materials, chronologically numbered, photographed and indicated in a sketch map. In case the applicant is not the NRDC, the applicant may conduct the inventory with the supervision of a CENRO forester. Forest charges still have to be paid by the permittee, which will be issued the necessary transport documents. The Order takes effect on January 1, 2001. |
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