Law Summary
Role of the Ministry of Natural Resources and Timber License Holders
- Ministry, via Bureau of Forest Development (BFD), to identify and delimit suitable areas within timber concessions for ITP development.
- Existing timber license holders have six months from the promulgation of implementing rules to:
- Apply for an ITP lease agreement for up to 30% of their Timber License Agreement (TLA) areas suitable for tree growing;
- Implement a 7-year reforestation plan approved by BFD;
- Or both.
- Submission of a new seven-year reforestation program to cover areas not converted into ITP is required, focusing on dipterocarp, premium, and fast-growing species.
Formation of Corporations and Development Guarantees
- Timber license holders may form a new corporation with other investors to develop the ITP.
- License holders guarantee strict development and implementation as per the ITP Lease Agreement.
- Failure to develop within the agreed period leads to revocation of their license rights.
Consequences of Non-compliance by Timber License Holders
- Failure to apply or implement reforestation plans results in waiver of priority option.
- Available ITP areas can be offered to third parties, including regional cooperatives.
- Non-compliance can lead to summary suspension of timber licenses and revocation of log export permits.
- Deficiencies must be corrected within one year from notice.
Reforestation Requirements
- Plantation of suitable dipterocarp, premium species, and fast-growing trees is mandatory.
Definition of Inadequately Stocked Areas
- Forest land with fewer than 20 dipterocarp or endangered species trees per hectare, with diameters under 20 cm at breast height.
- Cutting of existing dipterocarp and endangered trees authorized only under BFD rules.
Conditions for ITP Area Composition
- ITP zones must be contiguous; adequately stocked patches may be included if:
- They do not exceed 30% of total ITP area.
- 5% of total ITP area is maintained as permanent wilderness reserve.
- Remaining adequately stocked areas serve as buffer zones with regulated tree harvesting.
Segregation and Lease of ITP Areas
- Suitable ITP areas within timber concessions are segregated upon issuance of a formal ITP Lease Agreement.
- Areas outside concessions found suitable are also available for ITP development.
ITP Lease Agreement Terms and Compensation
- Lease term: 25 years, automatically renewable for another 25 years if conditions are met.
- Lessee entitled to fair compensation for standing trees and improvements at lease expiration.
- Compensation determined by mutually accepted third-party appraisal.
- Subsequent lessees must reimburse the government for previous compensation.
Government Participation and Financial Assistance
- National Development Company (NDC) may take equity in ITP corporations.
- Ministry officials serve as non-voting ex-officio board members to uphold forest policies.
- Government financial institutions provide long-term, low-interest loan assistance.
Labor Provisions for ITP Employees
- Employees working within ITPs classified as agricultural workers entitled to benefits under Ministry of Labor regulations.
Rulemaking and Implementation
- Ministry of Natural Resources, in consultation with Ministry of Industry and wood sector, must promulgate implementing rules within 60 days.
Application Process and Lease Execution Timeline
- BFD to approve or reject ITP applications within 120 days.
- Upon approval, lease agreement to be executed within 30 days.
- Minister of Natural Resources may amend lease terms if mutually agreed and consistent with the EO's intent.
- Development must commence within one year from lease execution.
Amendments and Effectivity
- Existing orders and rules inconsistent with this EO are amended accordingly.
- EO takes effect immediately upon issuance.