Environmental Regulations on Water Resources

The right of a contractor or exploration permittee to possess and use explosives within their permitted area for mining operations. This right requires approval from the relevant government agency.

A government agency reserves the right to regulate and control explosives and their accessories used in mining to ensure safety and prevent accidents.

The Mines Regional Director, in collaboration with the Environmental Management Bureau, has the power to issue orders to contractors to stop, modify, or prevent any mining practices that violate safety or anti-pollution regulations.

The Mines Regional Director has the authority to suspend mining operations if a situation poses an imminent danger. The operations can resume only when the dangerous condition is removed or the contractor takes necessary remedial actions.

In case of any accident or incident that could cause loss of life or severe injuries, the person in charge of operations must report it immediately to the regional Mines office where the operations are located.

Failing to report an accident or incident without justifiable reason can result in the imposition of administrative sanctions, as defined in the rules and regulations governing this act.

Before starting mining operations, an Environmental Impact Assessment (EIA) is required for obtaining an Environmental Compliance Certificate (ECC). This process evaluates the potential environmental effects of the mining project.

The EIA process involves various stages, including consultations with local government units (LGUs), NGOs, and other stakeholders, ecological profiling of the proposed mining area, and promoting community and NGO participation.

Mining contractors and permittees are legally required to rehabilitate the excavated, mined-out, tailings-covered, and disturbed areas to ensure environmental safety.

An essential component of mine rehabilitation, this fund is mandatory and used for the social and physical rehabilitation of areas affected by mining and research for improving rehabilitation strategies.

The contractor may be granted rights to cut trees or timber within their mining area, particularly if the area is under a timber concession.

The Regional Mines Director decides the amount of timber to be removed and the method of removal, taking into consideration the relevant authorities.

Contractors must ensure that they engage in reforestation activities, contributing to the restoration of the environment and reducing the impact of timber removal.

The Environmental Court prioritizes the resolution of environmental cases, discouraging attempts to delay or prevent judgment through legal tactics.

A verified complaint, filed in environmental court, must include the names and addresses of the parties, the cause of action, the relief requested, and supporting evidence.

A legal document granting the right to harvest timber from a forest area, subject to state regulations for environmental protection and public welfare.

The state can cancel or modify the terms of a timber license.

Only individuals or organizations with authorized permits can utilize, exploit, occupy, possess, or conduct activities within forest land or operate wood processing plants.

The timber harvesting privilege automatically ends when all harvestable timber has been utilized, even before the license expiration date.

The maximum duration of a timber harvesting license is 25 years, renewable for another 25 years if necessary to utilize all remaining harvestable timber.

Forest lands are protected from illegal entry, unlawful occupation, fires, unauthorized clearing of land, theft, etc.

Timber harvesting is allowed only through license agreements with exclusive rights and conservation duties for license holders.

If a license holder waives the right to harvest specific hardwood, softwood, or mangrove species, another person can be granted a license to harvest those species.

Mangrove forests are essential for coastal protection and cannot be sold or cleared.

Unused or abandoned swamps designated for fisheries revert back to forest land after five years.

Forest land with a slope of 50% or more cannot be used for pasture purposes.

Forest lands used for pasture must maintain sufficient grass cover to protect soil, water, and other forest resources.

Wildlife can be killed or disposed of without a permit only to protect life, health, safety, and property.

The Director of the Bureau has the authority to regulate the killing of wildlife.

In evaluating corporate applications, the government encourages increased Filipino equity and participation beyond the constitutional 60% limit. Other factors being equal, applicants with more Filipino equity and participation will be preferred.

The DENR is the main government agency responsible for overseeing all aspects related to the country's mineral resources, including their protection, management, and development.

These are specific areas that are off-limits for mining operations because they are deemed environmentally sensitive or have other important uses.

This is a type of agreement where the government gives a contractor the exclusive right to mine in a specific area in exchange for sharing a portion of the mineral production.

This agreement involves the government providing inputs to the mining operations, such as technology, management, or personnel, while the contractor focuses on extracting the mineral resource.

This is a joint venture where a company is formed by the government and a contractor, both having ownership shares. The government receives a share of the mineral production.

This involves financial and technical assistance provided by the government to support large-scale exploration, development, and utilization of mineral resources.

This agreement ensures that Filipinos are prioritized for employment in mining operations, with certain exceptions for specialized roles.

Contractors are legally obligated to restore the land to a safe and environmentally sound condition after mining operations are complete.

This fund is mandatory for mining companies and is used to finance the restoration of areas affected by mining activities.

Contractors may be granted the right to cut down trees in their mining area, subject to the approval of the Regional Mines Director.

Contractors must participate in reforestation, planting trees to compensate for the impact of timber removal during their operations.

This is a specialized court that gives priority to resolving environmental cases, aimed at preventing delays and ensuring swift justice.