Law Summary
SECTION 1: Log Supply Purchase Agreements (LSPA)
- Legal Principle/Provision: Wood processors without backup concessions are permitted to enter into Log Supply Purchase Agreements only with specific licensed suppliers.
- Key Definitions:
- Log Supply Purchase Agreement (LSPA): An agreement between wood processors and log suppliers for the purchase of logs.
- Timber License Agreements (TLA) and Provisional Timber Production Agreements (PTPA): Types of licenses held by log suppliers.
- Requirements/Procedures:
- Agreements can only be made with holders of existing TLAs, PTPAs, foreign suppliers, or other valid timber permits.
- Logs sourced from Private Land Timber Permits (PLTP) and Industrial Tree Plantations (ITP) are also included.
SECTION 2: Volume of Logs Supply
- Legal Principle/Provision: The volume of logs supplied to wood processors must align with the annual allowable cut authorized under the Integrated Annual Operations Plan (IAOP).
- Important Requirements:
- Total log supply must include the wood processor's own log requirements.
SECTION 3: Monitoring and Control of Log Deliveries
- Legal Principle/Provision: Monitoring of log deliveries is mandatory to ensure compliance with the regulations.
- Key Requirements:
- The total volume of logs committed must be recorded at the Community Environment and Natural Resources Office (CENRO).
- Records should be submitted and consolidated at the Regional Office and the Office of the Undersecretary for Field Operations.
SECTION 4: Regional Approval for Log Suppliers
- Legal Principle/Provision: Approval for LSPAs is required when the log supplier is located outside the region of the wood processing plant.
- Key Requirements:
- The CENRO where the timber license area is located must approve the LSPA.
- Copies should be furnished to the Regional and CENR Offices of the wood processing plants.
SECTION 5: Imported Logs
- Legal Principle/Provision: Renewal of permits is allowed if log requirements are met through imported logs.
- Important Procedures:
- Permit renewal requires an LSPA between the supplier and the importer.
- Effectivity begins with the arrival of logs, and a shipment schedule must be indicated.
SECTION 6: Log Requirement Assurance
- Legal Principle/Provision: Wood processing plants must ensure a minimum log supply for permit renewal.
- Key Requirements:
- A minimum of six months' log supply is necessary for permit renewal.
- Wood processing plants without timber concessions have a maximum tenure of two years as per Ministry Administrative Order 50, s. of 1986.
SECTION 7: Violations and Penalties
- Legal Principle/Provision: Processing logs from unauthorized sources results in penalties.
- Consequences:
- Violation of this provision leads to cancellation of permits.
- Processors found in violation will be disqualified from operating a wood processing plant.
Key Takeaways
- Wood processors must adhere to specific guidelines for renewing permits, particularly concerning log supply agreements and the sources of logs.
- Compliance with annual allowable cuts and documentation at CENRO is essential for monitoring.
- Importation of logs is permissible under strict conditions, and a minimum supply duration is mandated for permit renewal.
- Violations can lead to severe penalties, including permit cancellation and disqualification from operation.