PRESIDENTIAL DECREE NO

MINISTRY ORDER NO. 83-01-13

SERIES OF 1982

Subject : RULES AND REGULATION GOVERNING THE INTEGRATED MANAGEMENT OF WATERSHED RESERVATION IMPLEMENTING PRESIDENTIAL DECREE NO. 1515, AS AMENDED

RULE 1- GENERAL PROVISIONS

RULE II – CONSERVATION, PROTECTION, DEVELOPMENT AND UTILIZATION OF WATERSHED RESOURCES

RULE III – DEPUTED OFFICERS

RULE IV – PENAL PROVISIONS

RULE V – REPEALING CLAUSE

RULE VI – SEPARABILITY CLAUSE

RULE VII- EFFECTIVITY

REPUBLIC OF THE PHILIPPINES

MINISTER OF THE ENERGY

    Office of the minister

MINISTRY ORDER

NO. 83-01-13

Series of 1982

RULES AND REGULATION GOVERNING THE

INTEGRATED MANAGEMENT OF WATERSHED RESERVATION

IMPLEMENTING PRESIDENTIAL DECREE NO. 1515, AS AMENDED

          Pursuant to the provision of Presidential Decree No. 1515, as amended by Presidential Decree No. 1749, vesting in the Ministry of Energy, hereinafter referred to as the Ministry, the jurisdiction, control and regulation over watershed areas and reservation proclaimed or hereafter proclaimed as such by the President of the Philippines and supporting operational water-based power projects, the following rules and regulation governing the protection, conservation, rehabilitation and overall management of resources in such reservations are hereby promulgated for the information and guidance of all concern.

►RULE 1- GENERAL PROVISIONS

SECTION 1- Titles – This order shall be known and cited as the “Rules and Regulation Governing the Integrated Management of Watershed Reservation Implementing Presidential Decree No. 1515; as Amended”.



SECTION 2. SCOPE AND COVERAGE – The provisions of these rules and regulation shall apply to the Tiwi, Tongonan, Palimpinon, geothermal reservation and such other watershed areas and reservation supporting water-based power project as the President of the Philippines may hereafter proclaim,

SECTION 3. BASIC POLICIES –The basic policies of managing the watershed reservation are:

The watershed reservation shall be manage, conserved, protected and used to promote national security and public interest with the active participation of the people in the watershed reservation and adjacent areas. These people are valuable assets who can actively and meaningfully participate in the effective management of the watershed reservation.

The watershed reservation shall be manage following the principle of an integrated and sustained multiple-use management approach taking into consideration the general development and management plans of larger basins or watershed complex. The sustained enhanced and optimally harmonized with the production and development of energy resources to promote the overall development and other needs of the country

The watershed reservation shall be manage to achieve and maintain a sound level of environmental quality, Watershed projects such as construction of dams, roads, water channels and other infrastructures; mining, grazing, forestation, and agriculture and fishery development, among others, shall be undertaken and evaluated using the system approach considering their beneficial and adverse impacts on the environment.

SECTION 4.   Goals and Objectives of Watershed Management

Watershed management has the following goals and objectives:

a.      Generate most efficiently the optimal or desired mix of products and services, with, energy production and water conservation as the primary concerns and minimizing reservoirs sedimentation through time without impairing the values of other watershed resources.

b.      Check the temporal or permanent impairment of watershed productivity and protective values and accelerate the improvement of conditions on critical watersheds.

c.      Make the management viable and self-sustaining activity

d.      Promote sustained-yield forest management in watershed reservation.

e.      Operationalize the integrated and sustained multiple-use management of watershed resources for the socio-economic uplift of the rural poor in the particular and the country in general, consistent with the relevant principles and approaches of the integrated social forestry program envisioned in letter of instruction NO. 1260 and the protection of the environment.

f.        Promote, undertake and support research, development and extension activities for the effective management of watershed reservation.

SECTION 5.     Watershed Management Strategies

Watershed management strategies may very in details and specification from one watershed unit to another. However, the strategy in each case shall include specific technologies based primarily on socio-economic, institutional and environmental consideration.



The watershed management strategies are:



Conservation Strategies : Water conservation and production ; watershed   rehabilitation through reforestation, engineering structures and other erosion control measure ; watershed occupancy management ; social forestry ; agro-forestry ; improve range/ pasture management ; wildlife management ; and others.

Protection Strategy: Watershed protection particularly from fire, illegal logging and other unlawful human activities, pest and diseases; resettlement, and development/ or maintenance of protection forest, wilderness areas, and amenity values; and others.

Development and Utilization Strategy: Land use allocation; road allocation, design and construction; utilization of hydro and geothermal resources; timber production and utilization; improved upland agriculture including terracing, contour farming, orchards, backyard livestock production, and other activities which require minimal or no slice the large on sloping areas; aquatic resources management; production and utilization of non-timber forest product, exploitation of geological/mineral resources; and watershed recreation management; and others.

SECTION 6.   Definition of Terms.

For purposes of these rules and regulations, the following terms are defined.

Agro-forestry – The planned and simultaneous or sequential production of agricultural, forest and other crops on designated land areas.

Amenity values – Qualitative watershed benefits generally characterized by subjective attribute such as pleasantness, attractiveness, pleasurable, or other desirable features.

Aquatic resources – All resources, both biological and physical, found in or on water, or those indirectly dependent on aquatic ecosystem.

Conservation –   The protection, improvement and proper utilization of resources according to principles that will assure their sustained socio-economic services and maintenance of proper ecological balance.

Critical watershed – A land area, including all surface, geological and other resources therein bounded by topographic divide and with pre-established physical or land boundary drained by stream or other bodies of water ( perennial, intermittent, or ephemeral) supporting existing or proposed hydroelectric, geothermal, as well as flood control, irrigation, municipal and industrial water supply projects, and requires immediate protection, forestation, rehabilitation and development to check or reverse the trend toward deterioration.

Environmental Management – the rational regulation or manipulation of nature with the basic objective of perpetuating or improving the productivity and protective values of the natural ecosystem.

Forestation – The establishment of forest by natural or artificial means on areas where they are absent or insufficient includes both reforestation and a forestation.

Forest product and service – Any forest or forest-related product and service, including grass, flowering plants, water, wildlife, scenic, historical, recreational and geologic resources.

Forest and other watershed product destruction – Any activity that causes the impairment of the natural or normal condition of forest and other watershed products or resources.

Forest product harvesting – Cutting, collecting and transporting of forest product for commercial purposes.

Geological exploration – All activities design to explore, develop, utilize or exploit the resources of the earth`s crust and/or layers.

Integrated management of watershed resources – Coordinated, unified and planned utilization and conservation of all resources in the watershed to produce desired mix of products and services as well as attain other specified objectives.

Industrial forest plantation – Any tract of land purposely and extensively planted to timber crops primarily to supply the raw material requirements of existing to proposed processing plants and related industries.

Kaingin – A portion of the watershed reservation, whether occupied or not, which is subjected to shifting cultivation and/or permanents slash and burn cultivations which has minimal or no provision for soil, water and other resources protection and conservation.

Forest occupancy management – The control or manipulation of areas subject to kaingin making to promote the protection and conservation of soil water and other resources.

Land capability classification – A systematic arrangement of different kinds of land according to those properties that determine the ability of the land to produce on a sustained basis, the inherent capacity of the land to perform at a given level for a general use.

Land suitability classification – A statement of the adoptability of a given area for a specific kind of land use; the fitness of a given type of land for a defined use.

Land use allocation – The assignment of land areas, based on land capability and suitability of a specified use or combination of uses to attain desired objectives.

Contracts, agreements or other rights – formal or legal document authorizing, directing or controlling specified activities in watershed reservations.

Ministry – Refers to the ministry of energy.

Multiple use watershed management – Similar to definitions of Integrated management of watershed resources.

Occupant – Refers to any person or group of person, who in any way occupy, use or developed watershed reservations or derived benefits the from.

Optimal mix of watershed products and services – The best combination of products and services that can be generated from watershed system subject to resources, socio-cultural and ecological constraints.

Prescribed burning – A silvicultural tool which involves the planned application of fire to natural fuels that confines the fire to a pre-determined area and at the same time produces the intensity of heat and rate of fire spread to attain certain objectives.

Protection forest – An area wholly and partly covered with woody growth manage primarily for its beneficial effects on water, climate, genetic pool or soil, rather than for wood or other products or services.

Quality environment – A desirable environment which will allow man to live in accordance with the social, economic, and technological developments and within the total ecological structure through time. It is characterized by minimum disruption of ecological processes, maximum conservation of materials and energy, and intrinsic cultural values.

Resettlement – The process of relocating human and other resources to more suitable areas for the purpose of improving the quality of life and promoting the conservation of land and other watershed resources with minimum adverse effects or disruption on the cultural background and life style of the people.

Rotation grazing – The systematic and planned transfer of livestock from the compartment to another, to maintain if not improves the productive and protective condition of range and pasture areas.

Stumpage value – The value of a standing tree, timber stand or forest tract after all harvesting/processing and other cost including margin for profit and risk have been subtracted from the fair market value of a specified end-product. Applied to a timber stand or specific forest area, it is the accumulated value of the harvestable timber in the stand or forest.

Stumpage value system – A system of disposing/selling trees, timber stand or forest tracts based on the stumpage value; the system include specific procedure for arriving at the stumpage value, the details involve in awarding the contract which may or may not entail bidding particularly when there exists legal prior rights on the area, and the responsibilities of the contract including incentive and penalty provision.

Sustained-yield forest management – The continuous production of forest and other products conformably with the social, technological and economic conditions of the time.

System approach – The analysis of the problems and formulation of strategies which consider all significant components of the system and their inter-relationships, using appropriate guidelines included in approved environmental impact statements, in order to attain specific objectives.

Upland Agriculture – The cultivation or raising of corn, rice, vegetables and other agricultural crops on sloping or upland areas.

Watershed – A land area, including all the surface, geological or other resources therein bounded by a topographic divide drained by a stream or other bodies of water (perennial, intermittent or ephemeral) and may form part of a larger watershed complex with pre-established physical or land boundary.

Watershed Reservation – Part of the public domain, including all surface, geological, geothermal and other resources therein which has been proclaimed as such, and with pre-established boundary, to promote the protection and conservation of soil, water, forest, range and other watershed resources, and which is necessary for development, sustenance and discipline of its water resources for multiple purposes.

Water production – All process and activities, both natural and manmade, designed to make water or steam available, considering the quality, quantity and regimen, to meet specified usage and objectives.

SECTION 7.     Powers of the minister of energy

The minister of energy through the Watershed Management Unit of the Ministry shall have the authority:

To manage watershed reservation in accordance with the policies and goals for which they are established;

To recommend to the President of the Philippines the transfer to the ministry of energy the jurisdiction, control, regulation and management of other watershed reservation of water-based energy projects/infrastructure.

To coordinate with the seek assistance from other appropriate agencies, and whenever necessary, make arrangements to deputize officers and/or employees of such agencies as officers of the ministry and shall have the authority in accordance with the provision of Section 1, Rule III of this order.

To render administrative decisions, orders, or other actions on claims, conflicts and such other matters falling under this order.

To enter into contracts or working agreements with government or private agencies to carry out the policies and goals of P. D. No. 1515 as amended; provided however, that on-going foreign-assisted projects within the immediate area of said watershed shall be pursued by agencies currently implementing such projects in coordination with the Ministry, except as otherwise mutually agreed upon by the Ministry of natural resources and the other agencies concerned.

To take such steps as may be necessary to enforced existing forestry laws, rules and regulation within said watershed areas.

To perform such other duties and function necessary or incidental to carry out the intents and purposes of this order and that of P. D. 1515 as amended.

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►RULE II – CONSERVATION, PROTECTION, DEVELOPMENT AND UTILIZATION OF WATERSHED RESOURCES

SECTION 1. Protection of Watershed Reservation

No forest, range or other destructive fire shall be allowed in watershed reservation.

Occupancy or use of watershed reservation or any portion thereof for any purpose including Kaingin making, pasture, mining, geological exploration without prior authority from the ministry shall not be allowed.

Destroying or degrading of forest and other products shall not be allowed in watershed reservations.

SECTION 2. Watershed Rehabilitation and Development

a.      No development projects, engineering and other infrastructure construction and facilities such as roads, bridges, communication installations, dams, canals, channels and other passageways, commercial or industrial complex shall be undertaken in watershed reservation without prior authority from the ministry.

SECTION 3. Forestation

a        Coordinated forestation including agro-forest, industrial forest plantation, orchards and tree planting shall be under taken on areas in watershed reservation so designated by the ministry.



SECTION 4. Harvesting or Forest Products

a        No cutting, removing, transporting, or any activity related to harvesting of forest or other watershed products in watershed reservation shall be allowed without prior authority from the ministry.

b.      The ministry may adopt the stumpage value system in the disposition/sale of trees, timber stands or forest tracts in watershed reservations.

SECTION 5. Land-use Allocation

a.      No person or group of persons, corporation or association or any other entity shall be allowed to allocate any portion of watershed reservation for personal, official, commercial or other purpose without prior authority from the ministry.

SECTION 6. Forest Occupancy Management

a.      Areas in watershed reservations under forest occupancy management shall be bench terraced/contoured to control accelerated soil erosion and promote water and other watershed resources conservation.

SECTION 7. Resettlement

a.      No area in watershed reservation shall be used for any resettlement purposes without prior authority from the ministry.

SECTION 8. Industrial Forest Plantation

a.     Industrial forest plantation areas designated by the ministry shall not be used for any other purposes without prior authority from the ministry.

SECTION 9. Range Management and Livestock Production

Range and pasture area in watershed reservation shall maintain with sufficient grass and/or forage to protect soil, water and other watershed resources.

Range or pasture areas with insufficient vegetative cover such as grass, shrubs and other shall be closed to pasture or grazing purposes until adequate vegetative cover is restored. As such soil erosion monitoring shall be made a component or range and pasture management.

Rotation and other improved grazing practices may be allowed in specific areas in the watershed reservations with prior approval from the ministry.

Prescribed burning may be allowed on range and pasture areas in watershed reservations with prior approval from the ministry.

SECTION 10. Water Productions

a.      Watershed reservation shall be managed primarily for the sustained production of water or steam for the sustained operation of water-based energy projects or infrastructure.

SECTION 11. Wild Life Management

a. Seasonal hunting, trapping or harvesting of wildlife shall not be allowed.

SECTION 12. Geological Exploration

a)     Location, prospecting, exploration, exploitation utilization or any activity affecting mineral resources in watershed reservations shall no be allowed without prior authority from the ministry.

b)     Immediate forestation of all mined surfaces and other areas affected by mining exploration, exploitation or utilization shall be undertaken by the mining company concern in closed coordination with the ministry.

c)      Mine tailings and other mining was pollutants as determined by the national pollution control commission and other government agencies concern to be detrimental to health flora and fauna, shall be properly managed.

d)     Contracts, agreements or other rights issued for mining and geological explorations in watershed reservations which are not operative upon the approval of this order are automatically cancelled/revoked.

SECTION 13. Protection Forest

·        Protection forest shall not be exploited or disturbed.

SECTION 14. Upland Agriculture

·        Terracing, contouring and other measures ro conserve soil, water and other resources on areas devoted to upland agriculture shall be undertaken by the occupants following guidelines developed and imposed by the ministry.

·        Upland agriculture in watershed reservation shall not be practiced without prior authority from the Ministry.

SECTION 15. Aquatic Resources

Aquatic resources in watershed reservation shall not be utilized or exploited without prior authority from the Ministry.



SECTION 16. Environmental Management

·        Any form of activity that may significantly impair or degrade the quality of environment in watershed reservations or surroundings areas is prohibited. An environmental impact statement shall be required for any approved activity in reservations.

SECTION 17. Recreation and other Amenities

·        No areas within the watershed reservation shall be developed and utilized for recreational purposes without prior authority from the Ministry.

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►RULE III – DEPUTED OFFICERS

SECTION 1.   Authority

·        For purposes of this order, watershed and other officers deputized by the minister are hereby authorized to seized illegally acquired forest and other watershed products, file complaints in cooperation with duly constituted authorities of the government and to assist in the prosecution thereof for any violation of the provision of this order and shall submit a report thereon to the Minister.

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►RULE IV – PENAL PROVISIONS

SECTION 1. Violation and Penalty – Any violation of the provision of this order shall be penalized in accordance with the provisions of existing laws and the herein promulgated rules and regulations.

a.      Any person or group of persons who shall violate the provisions of the paragraph a and c of Section 1; paragraph a of Section 3; paragraph a of Section 6; paragraph a, b, c, and d of Section 9; paragraph a of Section 11; paragraph a and b of Section 14; paragraph a of Section 15; and paragraph a of Section 16 of RULE II of this order, shall upon conviction be punished by a fine ranging from FIVE HUNDRED THOUSAND PESOS ( 500,00 ) to TWO THOUSAND PESOS ( 2,000,00 ) or by imprisonment from six (6) months to two (2) years or both at the discretion of the court.

b.      any person, group of persons, corporation and association who shall violate any of the provision of paragraph b of Section 1; paragraph a of Section 2; paragraphs a and b of Section 4; paragraph a of Section 5; paragraph a of Section 8; paragraph a of Section 10; paragraphs b, c, and d of Section 12; paragraph a of Section 13; and paragraph a of section 17 of RULE II of this order. shall upon conviction be punished by a fine ranging from over TWO THOUSAND PESOS ( 2,000,00 ) to THREE THOUSAND PESOS ( 3,000,00 ) or by imprisonment from over two (2) years to three (3) year, or both at the discretion of the court. Provided that any forest product destroyed or degraded, cut, removed and transported and any form of construction, development and improvement mad therein including equipment use in such activity in violation of the provision of the above stated paragraphs and Sections of this order shall be confiscated in favor of the government of the Philippines without reimbursement of any cost of expenses incurred in such equipment, construction, development and improvement. Provided, further, that presidents, heads, managers and directors or person in charge of corporations, association or group of persons violating the provisions hereof shall be criminally liable.

c.      Any person, group of persons, corporation, association who shall violate the provision of paragraph a of Section 7; and paragraph a of Section 12 of RULE II of this order, shall upon conviction be punished by a fine ranging from over THREE THOUSAND PESOS (3,000,00) to FIVE THOUSAND PESOS (5,000,00) or by imprisonment from over three (3) years to five (5) years, or both at the discretion of the court. Provided, that the president, heads, managers, directors or person in charge of corporations, associations or group of persons violating the provision hereof shall be criminally liable.

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►RULE V – REPEALING CLAUSE

SECTION 1. All existing administrative orders, rules and regulations, circulars and instructions inconsistent with the provision of this order are hereby repealed, amended or modified accordingly.

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►RULE VI – SEPARABILITY CLAUSE

SECTION 1. If, for any part of the policies, goals, rules and regulations set forth in this order be declared unconstitutional or invalid, no other part or provision hereof shall be effected thereby.

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►RULE VII- EFFECTIVITY

SECTION 1. This order shall take effect fifteen (15) days after publication in the official Gazette.



                                                                                                       (SGD.) GERONIMO Z. VELASCO

                                                                                                                         Minister of Energy

A P PR O V E D:

(SGD.) FERDINAND E. MARCOS

PRESIDENT OF THE PHILIPPINES

BY THE PRESIDENT:

(SGD.) JUAN C. TUVERA

Presidential Executive Assistant

       Date:    October 14, 1982

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