Ph070en PDF
Ph070en PDF
Ph070en PDF
7586
[AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF
NATIONAL INTEGRATED PROTECTED AREAS SYSTEM, DEFINING ITS SCOPE
AND COVERAGE, AND FOR OTHER PURPOSES]
Section 1
Title
This Act shall be known and referred to as the "National Integrated Protected Areas
System Act of 1992."
Section 2
Declaration of Policy
Cognizant of the profound impact of man’s activities on all components of the natural
environment particularly the effect of increasing population, resource exploitation and
industrial advancement and recognizing the critical importance of protecting and
maintaining the natural biological and physical diversities of the environment notably
on areas with biologically unique features to sustain human life and development, as
well as plant and animal life, it is hereby declared the policy of the State to secure for the
Filipino people of present and future generations the perpetual existence of all native
plants and animals through the establishment of a comprehensive system of integrated
protected areas within the classification of national park as provided for in the
Constitution.
It is hereby recognized that these areas, although distinct in features, possess common
ecological values that may be incorporated into a holistic plan representative of our
natural heritage; that effective administration of these areas is possible only through
cooperation among national government, local government and concerned private
organizations; that the use and enjoyment of these protected areas must be consistent
with the principles of biological diversity and sustainable development.
To this end, there is hereby established a National Integrated Protected Areas System
(NIPAS), which shall encompass outstanding remarkable areas and biologically
important public lands that are habitats of rare and endangered species of plants and
animals, biogeographic zones and related ecosystems, whether terrestrial, wetland or
marine, all of which shall be designated as protected areas.
Section 3
Categories
For purposes of this Act, the following terms shall be defined as follows:
a. National Integrated Protected Areas Systems (NIPAS) is the classification and
administration of all designated protected areas to maintain essential ecological
processes and life-support systems, to preserve genetic diversity, to ensure
sustainable use of resources found therein, and to maintain their natural
conditions to the greatest extent possible;
b. Protected area refers to identified portions of land and water set aside by
reason of their unique physical and biological significance, managed to enhance
biological diversity and protected against destructive human exploitation;
c. Buffer zones are identified areas outside the boundaries of and immediately
adjacent to designated protected areas pursuant to Section 8 that need special
development control in order to avoid or minimize harm to the protected area;
g. Natural biotic area is an area set aside to allow the way of life of societies
living in harmony with the environment to adapt to modem technology at their
pace;
The establishment and operationalization of the System shall involve the following:
a. All areas or islands in the Philippines proclaimed, designated or set aside,
pursuant to a law, presidential decree, presidential proclamation or executive
order as national park, game refuge, bird and wildlife sanctuary, wilderness area,
strict nature reserve, watershed, mangrove reserve, fish sanctuary, natural and
historical landmark, protected and managed landscape/seascape as well as
identified virgin forests before the effectivity of this Act are hereby designated as
initial components of the System. The initial components of the System shall be
governed by existing laws, rules and regulations, not inconsistent with this Act;
b. Within one (1) year from the effectivity of this Act, the DENR shall submit to
the Senate and the House of Representatives a map and legal description or
natural boundaries of each protected area initially comprising the System. Such
maps and legal description shall, by virtue of this Act, constitute the official
documentary representation of the entire System, subject to such changes as
Congress deems necessary;
c. All DENR records pertaining to said protected areas, including maps and legal
descriptions or natural boundaries, copies of rules and regulations governing
them, copies of public notices of, and reports submitted to Congress regarding
pending additions, eliminations, or modifications shall be made available to the
public. These legal documents pertaining to protected areas shall also be
available to the public in the respective DENR Regional Offices, Provincial
Environment and Natural Resources Offices (PENROs) and Community
Environment and Natural Resources Offices (CENROs) where NIPAS areas are
located;
d. Within three (3) years from the effectivity of this Act, the DENR shall study
and review each area tentatively composing the System as to its suitability or
nonsuitability for preservation as protected area and inclusion in the System
according to the categories established in Section 3 hereof and report its finding
to the President as soon as each study is completed. The study must include in
each area:
1. A forest occupants survey:
2. An ethnographic study;
3. A protected area resource profile;
4. Land use plans done in coordination with the respective Regional
Development Councils; and
5. Such other background studies as will be sufficient bases for selection.
The DENR shall:
1. Notify the public of the proposed action through publication in a
newspaper of general circulation, and such other means as the System
deems necessary in the area or areas in the vicinity of the affected land
thirty (30) days prior to the public hearing;
3. At least thirty (30) days prior to the date of hearing advise all local
government units (LGUs) in the affected areas, national agencies
concerned, people's organizations and non-government organizations and
invite such officials to submit their views on the proposed action at the
hearing not later than thirty (30) days following the date of the hearing;
and
e. Upon receipt of the recommendation of the DENR, the President shall issue a
presidential proclamation designating the recommended areas as protected areas
and providing for measures for their protection until such time when Congress
shall have enacted a law finally declaring such recommended areas as part of the
integrated protected area systems; and
f. Thereafter, the President shall send to the Senate and the House of
Representatives his recommendations with respect to the designations as
protected areas or reclassification of each area on which review has been
completed, together with maps and legal description of boundaries. The
President, in his recommendation, may propose the alteration of existing
boundaries of any or all proclaimed protected areas, addition of any contiguous
area of public land of predominant physical and biological value. Nothing
contained herein shall limit the President to propose, as part of his
recommendation to Congress, additional areas which have not been designated
proclaimed or set aside by law, presidential decree, proclamation or executive
order as protected area/s.
Section 6
Additional Areas to be Integrated to the System
Notwithstanding the establishment of the initial component of the System, the Secretary
shall propose the inclusion in the System of additional areas with outstanding physical
features, anthropological significance and biological diversity in accordance with the
provisions of Section 5(d).
Section 7
Disestablishment as Protected Area
When in the opinion of the DENR a certain protected area should be withdrawn or
disestablished, or its boundaries modified as warranted by a study and sanctioned by the
majority of the members of the respective boards for the protected area as herein
established in Section 11, it shall, in turn, advise Congress. Disestablishment of a
protected area under the System or modification of its boundary shall take effect
pursuant to an act of Congress. Thereafter, said area shall revert to the category of
public forest unless otherwise classified by Congress: Provided, however, That after
disestablishment by Congress, the Secretary may recommend the transfer of such
disestablished area to other government agencies to serve other priority programs of
national interest.
Section 8
Buffer Zones
For each protected area, there shall be established peripheral buffer zones when
necessary, in the same manner as Congress establishes the protected area, to protect the
same from activities that will directly and indirectly harm it. Such buffer zones shall be
included in the individual protected area management plan that shall be prepared for
each protected area. The DENR shall exercise its authority over protected areas as
provided in this Act on such area designated as buffer zones.
Section 9
Management Plans
Section 10
Administration and Management of the System
The National Integrated Protected Area System is hereby placed under the control and
administration of the Department of Environment and Natural Resources. For this
purpose, there is hereby created a division in the regional offices of the Department to
be called the Protected Areas and Wildlife Division in regions where protected areas
have been established, which shall be under the supervision of a Regional Technical
Director, and shall include subordinate officers, clerks, and employees as may be
proposed by the Secretary, duly approved by the Department of Budget and
Management, and appropriated for by Congress. The Service thus established shall
manage protected areas and promote the permanent preservation, to the greatest extent
possible of their natural conditions.
To carry out the mandate of this Act, the Secretary of the DENR is empowered to
perform any and all of the following acts:
a. To conduct studies on various characteristic features and conditions of the
different protected areas, using commonalities in their characteristics, classify
and define them into categories and prescribe permissible or prohibited human
activities in each category in the System;
b. To adopt and enforce a land-use scheme and zoning plan in adjoining areas
for the preservation and control of activities that may threaten the ecological
balance in the protected areas;
c. To cause the preparation of and exercise the power to review all plans and
proposals for the management of protected areas;
e. To deputize field officers and delegate any of his powers under this Act and
other laws to expedite its implementation and enforcement;
m. To determine the specification of the class, type and style of building and
other structures to be constructed in protected areas and the material to be used;
A Protected Area Management Board for each of the established protected area shall be
created and shall be composed of the following: the Regional Executive Director under
whose jurisdiction the protected area is located; one (1) representative from the
autonomous regional government, if applicable; the Provincial Development Officer;
one (1) representative from the municipal government; one (1) representative from each
barangay covering the protected area; one (1) representative from each tribal
community, if applicable; and, at least three (3) representatives from non-government
organizations/local community organizations, and if necessary, one (1) representative
from other departments or national government agencies involved in protected area
management.
The Board shall, by a majority vote, decide the allocations for budget, approve
proposals for funding, decide matters relating to planning, peripheral protection and
general administration of the area in accordance with the general management strategy.
The members of the Board shall serve for a term of five (5) years without compensation,
except for actual and necessary traveling and subsistence expenses incurred in the
performance of their duties. They shall be appointed by the Secretary of the DENR as
follows:
a. A member who shall be appointed to represent each local government down to
barangay level whose territory or portion is included in the protected area. Each
appointee shall be the person designated by the head of such LGU, except for the
Provincial Development Officer who shall serve ex officio;
c. The RED/s in the region/s where such protected area lies shall sit as ex officio
member of the Board and shall serve as adviser/s in matters related to the
technical aspect of management of the area; and
d. The RED shall act as chairman of the Board. When there are two (2) or more
REDs in the Board, the secretary shall designate one (1) of them to be the
Chairman. Vacancies shall be filled in the same manner as the original
appointment.
Section 12
Environmental Impact Assessment
Proposals for activities which are outside the scope of the management plan for
protected areas shall be subject to an environmental impact assessment as required by
law before they are adopted, and the results thereof shall be taken into consideration in
the decision-making process. No actual implementation of such activities shall be
allowed without the required Environmental Compliance Certificate (ECC) under the
Philippine Environment Impact Assessment (EIA) system. In instances where such
activities are allowed to be undertaken, the proponent shall plan and carry them out in
such manner as will minimize any adverse effects and take preventive and remedial
action when appropriate. The proponent shall be liable for any damage due to lack of
caution or indiscretion.
Section 13
Ancestral Lands and Rights Over Them
Ancestral lands and customary rights and interest arising shall be accorded due
recognition. The DENR shall prescribe rules and regulations to govern ancestral lands
within protected areas: Provided, That the DENR shall have no power to evict
indigenous communities from their present occupancy nor resettle them to another area
without their consent: Provide, however, That all rules and regulations, whether
adversely affecting said communities or not, shall be subjected to notice and hearing to
be participated in by members of concerned indigenous community.
Section 14
Survey of Energy Resources
Consistent with the policies declared in Section 2, hereof, protected areas, except strict
nature reserves and natural parks, may be subjected to exploration only for the purpose
of gathering information on energy resources and only if such activity is carried out with
the least damage to surrounding areas. Surveys shall be conducted only in accordance
with a program approved by the DENR, and the result of such surveys shall be made
available to the public and submitted to the President for recommendation to Congress.
Any exploitation and utilization of energy resources found within NIPAS areas shall be
allowed only through a law passed by Congress.
Section 15
Areas Under the Management of Other Departments and Government Instrumentalities
Section 16
Integrated Protected Areas Fund
d. Such other fees and incomes derived from the operation of the protected area.
Disbursements from the Fund shall be made solely for the protection, maintenance,
administration, and management of the System, and duly approved projects endorsed
by the PAMBs, in the amounts authorized by the DENR.
Section 17
Annual Report to Congress
At the opening of each session of Congress, the DENR shall report to the President, for
transmission to Congress, on the status of the System, regulation in force and other
pertinent information, together with recommendations.
Section 18
Field Officers
All officials, technical personnel and forest guards employed in the integrated protected
area service or all persons deputized by the DENR, upon recommendation of the
Management Board shall be considered as field officers and shall have the authority to
investigate and search premises and buildings and make arrests in accordance with the
rules on criminal procedure for the violation of laws and regulations relating to
protected areas. Persons arrested shall be brought to the nearest police precinct for
investigation.
Nothing herein mentioned shall be construed as preventing regular enforcers and police
officers from arresting any person in the act of violating said laws and regulations.
Section 19
Special Prosecutors
Section 20
Prohibited Acts
Except as may be allowed by the nature of their categories and pursuant to rules and
regulations governing the same, the following acts are prohibited within protected areas:
a. Hunting, destroying, disturbing, or mere possession of any plants or animals
or products derived therefrom without a permit from the Management Board;
Whoever violates this Act or any rules and regulations issued by the Department
pursuant to this Act or whoever is found guilty by a competent court of justice of any of
the offenses in the preceding section shall be fined in the amount of not less than Five
thousand pesos (P5,000) nor more than Five hundred thousand pesos (P500,000),
exclusive of the value of the thing damaged or imprisonment for not less than one (1)
year but not more than six (6) years, or both, as determined by the court: Provided,
That, if the area requires rehabilitation or restoration as determined by the court, the
offender shall also be required to restore or compensate for the restoration to the
damage: Provided, further, That the court shall order the eviction of the offender from
the land and the forfeiture in favor of the Government of all minerals, timber or any
species collected or removed including all equipment, devices and firearms used in
connection therewith, and any construction or improvement made thereon by the
offender. If the offender is an association or corporation, the president or manager shall
be directly responsible for the act of his employees and laborers: Provided, finally, That
the DENR may impose administrative fines and penalties consistent with this Act.
Section 22
Separability Clause
If any part or section of this Act is declared unconstitutional, such declaration shall not
affect the other parts or section of this Act.
Section 23
Repealing Clause
All laws, presidential decrees, executive orders, rules and regulations inconsistent with
any provisions of this Act shall be deemed repealed or modified accordingly.
Section 24
Effectivity Clause
This Act shall take effect fifteen (15) days after its complete publication in two (2)
newspapers of general circulation.