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(NAR) VOL. 15 NOS. 3-4 / JULY - SEPTEMBER 2004
[ DENR ADMINISTRATIVE ORDER NO. 2004-34, August 31, 2004 ]
GUIDELINES IN THE PREPARATION, SUBMISSION, REVIEW AND APPROVAL OF A MULTI-YEAR OPERATIONS PLAN (MYOP) FOR TIMBER LICENSE AGREEMENT (TLA) HOLDERS
In furtherance of the Sustainable Forest Management Program of the country and in line with the policy of the government to promote transparency and to facilitate forestry operations and developmental activities of holders of Timber License Agreement, the following instructions and procedures in the preparation, submission, review and approval of a Multi-Year Operations Plan (MYOP) are hereby promulgated for the information, guidance and compliance of all concerned.
SECTION 1. Coverage - Holders of existing Timber License Agreement (TLA) shall now be required to prepare and submit a multi-year operations plan (MYOP) covering the remaining years of its TLA or a maximum period of five (5) years, in lieu of the Integrated Annual Operations Plan (IAOP), before the conduct of timber and non-timber harvesting and other forestry operations inside their respective holdings.
SECTION 2. Persons Authorized to Prepare MYOP - Only registered professional forester(s), in conformity with Republic Act No. 6239 and Presidential Decree No. 331, in the employ of or hired by the license holder concerned, shall prepare the MYOP in collaboration with the concerned CENRO office. The signature of the registered forester and dry seal shall appear in the Plan and same should be subscribed and sworn to and duly notarized.
SECTION 3. Preparation, Submission, Review and Approval - The CENR Officer shall immediately review and evaluate the MYOP upon the receipt thereof. If found in order, the CENR Officer shall endorse the same to the Regional Executive Director (RED) copy furnished the PENR Officer and Local Government Unit (LGU) concerned. The CENR Officer shall complete within five (5) working days the evaluation and endorsement to the RED.
Upon receipt of the MYOP, the RED concerned shall, within three (3) working days, convene the En Banc Deliberation Committee for the conduct of the review and evaluation. The review and evaluation by the Committee shall be completed with 5 working days. After all the corrections/suggestions/modifications are incorporated in the final MYOP and if found in order, the RED shall APPROVE the same within 2 working days, copy furnished the LGU concerned.
The procedures specified in "ANNEX A*" appended in this Order shall be followed in the processing of the MYOP.
SECTION 4. Basic Considerations - The following shall be considered during the review and evaluation of the MYOP, to wit:
4.1 The licensee has no pending forestry accounts such as unpaid forest charges, silvicultural fees and other charges;
4.2 The licensee must have a satisfactory performance in its developmental activities such as reforestation, timber stand improvement, enrichment planting and community services, among others, as validated by duly authorized DENR staff;
4.3 Certification from the Philippine Wood Producers Association (PWPA) if a member, that company is of good standing; and
4.4 Initial Environment Examination (IEE)/Environmental Impact Statement (EIS).
SECTION 5. Additional Considerations - For ease of supervision, administration and monitoring, the following additional features and/or practices shall be observed:
5.1 Operations map drawn to a convenient scale (1:50,000) shall be gridded using UTM system; and
5.2 Corners of the area planned for operations (logging, reforestation, TSI) shall be located on the ground using accurate surveying instruments, preferably GPS instrument.
SECTION 6. Annual Concession Report - The Annual Concession report shall be submitted within one (1) month following the end of the calendar year to the RED copy furnished the Forest Management Bureau.
SECTION 7. Repealing Clause - This Order supersedes, modifies or amends in part or in whole all Orders, Circulars, Memoranda and other issuances inconsistent herewith.
SECTION 8. Effectivity - This Order takes effect immediately fifteen (15) days after publication in two (2) newspapers of general circulation and submission to the Office of the National Administrative Register.
Adopted: 31 Aug. 2004
(SGD.) ELISEA G. GOZUN
Secretary
* Text Available at Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.
SECTION 1. Coverage - Holders of existing Timber License Agreement (TLA) shall now be required to prepare and submit a multi-year operations plan (MYOP) covering the remaining years of its TLA or a maximum period of five (5) years, in lieu of the Integrated Annual Operations Plan (IAOP), before the conduct of timber and non-timber harvesting and other forestry operations inside their respective holdings.
SECTION 2. Persons Authorized to Prepare MYOP - Only registered professional forester(s), in conformity with Republic Act No. 6239 and Presidential Decree No. 331, in the employ of or hired by the license holder concerned, shall prepare the MYOP in collaboration with the concerned CENRO office. The signature of the registered forester and dry seal shall appear in the Plan and same should be subscribed and sworn to and duly notarized.
SECTION 3. Preparation, Submission, Review and Approval - The CENR Officer shall immediately review and evaluate the MYOP upon the receipt thereof. If found in order, the CENR Officer shall endorse the same to the Regional Executive Director (RED) copy furnished the PENR Officer and Local Government Unit (LGU) concerned. The CENR Officer shall complete within five (5) working days the evaluation and endorsement to the RED.
Upon receipt of the MYOP, the RED concerned shall, within three (3) working days, convene the En Banc Deliberation Committee for the conduct of the review and evaluation. The review and evaluation by the Committee shall be completed with 5 working days. After all the corrections/suggestions/modifications are incorporated in the final MYOP and if found in order, the RED shall APPROVE the same within 2 working days, copy furnished the LGU concerned.
The procedures specified in "ANNEX A*" appended in this Order shall be followed in the processing of the MYOP.
SECTION 4. Basic Considerations - The following shall be considered during the review and evaluation of the MYOP, to wit:
4.1 The licensee has no pending forestry accounts such as unpaid forest charges, silvicultural fees and other charges;
4.2 The licensee must have a satisfactory performance in its developmental activities such as reforestation, timber stand improvement, enrichment planting and community services, among others, as validated by duly authorized DENR staff;
4.3 Certification from the Philippine Wood Producers Association (PWPA) if a member, that company is of good standing; and
4.4 Initial Environment Examination (IEE)/Environmental Impact Statement (EIS).
SECTION 5. Additional Considerations - For ease of supervision, administration and monitoring, the following additional features and/or practices shall be observed:
5.1 Operations map drawn to a convenient scale (1:50,000) shall be gridded using UTM system; and
5.2 Corners of the area planned for operations (logging, reforestation, TSI) shall be located on the ground using accurate surveying instruments, preferably GPS instrument.
SECTION 6. Annual Concession Report - The Annual Concession report shall be submitted within one (1) month following the end of the calendar year to the RED copy furnished the Forest Management Bureau.
SECTION 7. Repealing Clause - This Order supersedes, modifies or amends in part or in whole all Orders, Circulars, Memoranda and other issuances inconsistent herewith.
SECTION 8. Effectivity - This Order takes effect immediately fifteen (15) days after publication in two (2) newspapers of general circulation and submission to the Office of the National Administrative Register.
Adopted: 31 Aug. 2004
Secretary
* Text Available at Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.