Types and Specification of Licenses, Leases and Permits.
Section 37
SEC. 37. Types and Specification of Licenses, Leases and Permits. — A license, lease or permit may be issued or granted only after an application has been filed and an award has been made. No licenses, leases and permits, however, shall be granted in provinces and cities which, according to the latest official population census, are inhabited by members of the national cultural communities, without a prior inspection jointly conducted by the representatives of the Bureau and of the Commission on National Integration and a certification by said representatives that no members of the cultural communities actually occupy or possess, or has a claim to all or portions of the area applied for; and in cases where only portions of the area applied for are in the occupation or possession of, or claimed by, members of the said national cultural communities, the same shall be excluded, or deemed excluded, The types of licenses, leases or permits issued or granted by the Director or the Department Head as the case may be are as follows: Timber License Agreement — a long-term license executed by and between the Department Head, on behalf of the Government, and the grantee for the harvesting and removal from the public forest of timber and, in appropriate cases, also of other forest products. It is drawn up by the Director and recommended to the Department Head for his final approval. It is subject to review at least once every five (5) years to ascertain compliance with the terms thereof and adjust such terms to major policy changes. Pulpwood License Agreement — similar to timber license agreement except that it is primarily for the planting and cutting of pulpwood species. Provisional Timber License — a short-term license issued by the Department Head over areas previously under ordinary timber licenses where field evaluation is prevented by unstable peace and order conditions or fortuitous events, or where government restrictions or changes in government policy have prevented the licensee from actual logging operations, or for one reason or another which the Department Head or Director considers satisfactory, and the licensee failed to commence such actual operation although substantial capital improvements have been introduced and that the licensee has shown evidence of sufficient financial capability for continuous logging operations such that cancellation of the license or conversion into a longer term license cannot be done in the interim; or where the area is covered by a mining claim and claimant does not need the timber for mining purposes and commercializes it or waives his right to another who is qualified to acquire a timber license. A & D Timber License — a license issued by the Director for the clear-cutting and commercial utilization of timber over forested lands that have been declared as alienable or disposable but not yet covered by a title of ownership. Private Land Timber License — a license issued by the Director for the cutting and commercial utilization of timber in a private land the title to which is not registered with the Bureau. Registered Private Woodland License — a license issued by the Director for the cutting and commercial utilization of timber in a private land the title to which is registered with the Bureau. Soft Wood Timber License — a license issued by the Director inside a public forest for the cutting of timber species suitable and used solely for bakya, match-sticks, carving and similar purposes. Hard Wood Timber License — a license issued by the Director inside a public forest for the cutting of timber classified as furniture timber, to be used exclusively in the manufacture of furniture, fixtures, house components, sash, handicraft, and other such woodcraft. Gratuitous Timber License — a license issued by the Director or his representative for the cutting of timber strictly for personal use, for public purposes or for mining operations. Mangrove Timber License — a license issued by the Director for the cutting and utilization of mangrove timber species. Civil Reservation Timber License — any of the foregoing licenses issued by the Department Head or by the Director inside a civil reservation for the cutting and utilization of timber species. Land Grant Timber License — any of the foregoing types of licenses except paragraph (k) issued by the Department Head or by the Director inside land grants for the cutting and utilization of timber species. Minor Forest Products License — a license issued by the Director within a public forest or forested land for the cutting and utilization of any forest product other than timber. Pasture Lease — a lease for the occupancy and use of a portion of the public forest for pasture purposes executed by and between the Department Head on behalf of the Republic, and the grantee, as recommended by the Director, Industrial Plantation License Agreement — is a long-term agreement executed by the Department Head, as party of the first part, upon recommendation of the Director, by which the party of the second part is granted the privilege to occupy a portion of the public forest which is partly forested and partly open or bare area, for the purpose of cutting available .standing timber for pulpwood or similar uses, and for planting the open portion with timber species of commercial value, Industrial Plantation Lease. — a lease for the occupancy and use of a portion of the public forest for the purpose of growing commercial timber on denuded or deteriorated forest lands, executed by and between the Department Head, on behalf of the Republic, and the grantee, as recommended by the Director. Special Use Lease — a lease executed by the Department Head upon recommendation of the Director for a long-term occupancy and use of a portion of the public forest for purposes other than those stated in the foregoing leases. Special Use Permit — a short-term permit granted by the Director for the occupancy or use of a portion of the public forest for purposes other than those stated in the foregoing leases. Such other leases and/or permits — the Department Mead or the Director may grant for purposes associated with the disposition of forest products or use and occupancy of the public forest and other areas associated therewith. Every license, lease or permit for the occupancy or use of the forest or for the taking, gathering or removing of the products therefrom shall specify, in detail, the privileges the holder is entitled to, and the obligations imposed on him; and all such licenses, leases or permits shall, when practicable, define the area for occupancy or use, or where such products arc to be taken, gathered or removed: Provided, That such license, lease or permit shall not, except as specified by the Director or the Department Head, exclude other lawful uses and occupancy of other persons: Provided, further, That where the area applied for is inside an existing timber license or concession, a Hard Wood or Soft Wood Timber License may be issued only over said portions not covered by the operations or management plan of the existing licensee or concessionaire for cutting within the next five (5) years, or even if such applied area is within the current operations or logging plan, upon a written waiver or consent by the existing licensee or concessionaire.