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This web
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contains the full text of
Republic
Act No. 7586
[AN ACT PROVIDING FOR THE
ESTABLISHMENT
AND MANAGEMENT OF NATIONAL INTEGRATED PROTECTED AREAS SYSTEM, DEFINING
ITS SCOPE AND COVERAGE,
AND FOR OTHER PURPOSES]
REPUBLIC
ACT NO. 7586
[AN
ACT
PROVIDING FOR
THE ESTABLISHMENT AND MANAGEMENT OF NATIONAL INTEGRATED PROTECTED AREAS
SYSTEM, DEFINING ITS SCOPE AND COVERAGE, AND FOR OTHER PURPOSES]
Be it enacted by the Senate
and House of Representatives of the Philippines in Congress assembled:
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
The following
categories
of protected areas are hereby established:
a.
Strict nature
reserve;
b. Natural park;
c. Natural
monument;
d. Wildlife
sanctuary;
e. Protected
landscapes
and seascapes;
f. Resource
reserve;
g. Natural
biotic
areas; and,
h. Other
categories
established by law, conventions or international agreements which the
Philippine
Government is a signatory.
Section 4
Definition
of Terms
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;
d. Indigenous
cultural
community refers to a group of people sharing common bonds of language,
customs, traditions and other distinctive cultural traits, and who
have,
since time immemorial, occupied, possessed and utilized a territory;
e. National
park
refers
to a forest reservation essentially of natural wilderness character
which
has been withdrawn from settlement, occupancy or any form of
exploitation
except in conformity with approved management plan and set aside as
such
exclusively to conserve the area or preserve the scenery, the natural
and
historic objects, wild animals and plants therein and to provide
enjoyment
of these features in such areas;
f. Natural
monument
is a relatively small area focused on protection of small features to
protect
or preserve nationally significant natural features on account of their
special interest or unique characteristics;
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;
h. Natural park
is
a relatively large area not materially altered by human activity where
extractive resource uses are not allowed and maintained to protect
outstanding
natural and scenic areas of national or international significance for
scientific, educational and recreational use;
i. Protected
landscapes/seascapes
are areas of national significance which are characterized by the
harmonious
interaction of man and land while providing opportunities for public
enjoyment
through recreation and tourism within the normal lifestyle and economic
activity of these areas;
j. Resource
reserve
is an extensive and relatively isolated and uninhabited area normally
with
difficult access designated as such to protect natural resources of the
area for future use and prevent or contain development activities that
could affect the resource pending the establishment of objectives which
are based upon appropriate knowledge and planning;
k. Strict
nature
reserve
is an area possessing some outstanding ecosystem, features and/or
species
of flora and fauna of national scientific importance maintained to
protect
nature and maintain processes in an undisturbed state in order to have
ecologically representative examples of the natural environment
available
for scientific study, environmental monitoring, education, and for the
maintenance of genetic resources in a dynamic and evolutionary state;
l. Tenured
migrant
communities are communities within protected areas which have actually
and continuously occupied such areas for five (5) years before the
designation
of the same as protected areas in accordance with this Act and are
solely
dependent therein for subsistence; and
m. Wildlife
sanctuary
comprises an area which assures the natural conditions necessary to
protect
nationally significant species, groups of species, biotic communities
or
physical features of the environment where these may require specific
human
manipulation for the perpetuation.
Section 5
Establishment
and
Extent
of the System
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.
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;
2. Conduct
public
hearings at the locations nearest to the area affected;
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
4. Give due
consideration
to the recommendations at the public hearing; and provide sufficient
explanation
for his recommendations contrary to the general sentiments expressed in
the public hearing;
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
There shall be a
general
management planning strategy to serve as guide in formulating
individual
plans for each protected area. The management planning strategy shall,
at the minimum, promote the adoption and implementation of innovative
management
techniques including, if necessary, the concept of zoning, buffer zone
management for multiple use and protection, habitat conservation and
rehabilitation,
diversity management, community organizing, socioeconomic and
scientific
researches, site-specific policy development, pest management, and fire
control. The management planning strategy shall also provide guidelines
for the protection of indigenous cultural communities, other tenured
migrant
communities and sites and for close coordination between and among
local
agencies of the Government as well as private sector.
Each component area of the
System shall be planned and administered to further protect and enhance
the permanent preservation of its natural conditions. A management
manual
shall be formulated and developed which must contain the following: an
individual management plan prepared by three (3) experts, basic
background
information, field inventory of the resources within the area, an
assessment
of assets and limitations, regional interrelationships, particular
objectives
for managing the area, appropriate division of the area into management
zones, a review of the boundaries of the area, and a design of the
management
programs.
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;
d. To promulgate
rules
and
regulations necessary to carry out the provisions of this Act;
e. To deputize
field
officers and delegate any of his powers under this Act and other laws
to
expedite its implementation and enforcement;
f. To fix and
prescribe
reasonable NIPAS fees to be collected from government agencies or any
person,
firm or corporation deriving benefits from the protected areas;
g. To exact
administrative
fees and fines as authorized in Section 21 for violations of
guidelines,
rules and regulations of this Act as would endanger the viability of
protected
areas;
h. To enter
into
contracts
and/or agreements with private entities or public agencies as may be
necessary
to carry out the purposes of this Act;
i. To accept in
the
name of the Philippine Government and in behalf of NIPAS funds, gifts
or
bequests of money for immediate disbursement or other property in the
interest
of the NlPAS, its activities, or its services;
j. To call on
any
agency or instrumentality of the Government as well as academic
institutions,
non-government organizations and the private sector as may be necessary
to accomplish the objectives and activities of the System;
k. To submit an
annual
report to the President of the Philippines and to Congress on the
status
of protected areas in the country;
l. To establish
a
uniform marker for the System, including an appropriate and distinctive
symbol for each category in the System, in consultation with
appropriate
government agencies and public and private organizations;
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;
o. Control the
construction,
operation and maintenance of roads, trails, waterworks, sewerage, fire
protection, and sanitation systems and other public utilities within
the
protected area;
p. Control
occupancy
of suitable portions of the protected area and resettle outside of said
area forest occupants therein, with the exception of the members of
indigenous
communities area; and
q. To perform
such
other functions as may be directed by the President of the Philippines,
and to do such acts as may be necessary or incidental to the
accomplishment
of the purpose and objectives of the System.
Section
11
Protected
Area
Management
Board
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;
b. A member
from
non-government
organizations who shall be endorsed by heads of organizations which are
preferably based in the area or which have established and recognized
interest
in protected areas;
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
Should there be
protected
areas, or portions thereof, under the jurisdiction of government
instrumentalities
other than the DENR, such jurisdiction shall, prior to the passage of
this
Act, remain in the said department or government instrumentality;
Provided,
That the department or government instrumentality exercising
administrative
jurisdiction over said protected area or a portion thereof shall
coordinate
with the DENR in the preparation of its management plans, upon the
effectivity
of this Act.
Section
16
Integrated
Protected
Areas Fund
There is hereby
established
a trust fund to be known as Integrated Protected Areas (IPAS) Fund for
purposes of financing projects of the System.
The IPAS may solicit and
receive donations, endowments, and grants in the form of contributions,
and such endowments shall be exempted from income or gift taxes and all
other taxes, charges or fees imposed by the Government or any political
subdivision or instrumentality thereof.
All incomes generated from
the operation of the System or management of wild flora and fauna shall
accrue to the Fund and may be utilized directly by the DENR for the
above
purpose. These incomes shall be derived from:
a.
Taxed from the
permitted sale and export of flora and fauna and other resources from
protected
areas;
b. Proceeds
from
lease
of multiple-use areas;
c.
Contributions
from
industries and facilities directly benefiting from the protected area;
and
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
The Department of
Justice
shall designate special prosecutors to prosecute violations of laws,
rules
and regulations in protected areas.
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;
b. Dumping of
any
waste products detrimental to the protected area, or to the plants and
animals or inhabitants therein;
c. Use of any
motorized
equipment without a permit from the Management Board;
d. Mutilating,
defacing
or destroying objects of natural beauty, or objects of interest to
cultural
communities (of scenic value);
e. Damaging and
leaving
roads and trails in a damaged condition;
f. Squatting,
mineral
locating, or otherwise occupying any land;
g. Constructing
or
maintaining any kind of structure, fence or enclosures, conducting any
business enterprise without a permit;
h. Leaving in
exposed
or unsanitary conditions refuse or debris, or depositing in ground or
in
bodies of water; and
i. Altering,
removing
destroying or defacing boundary marks or signs.
Section
21
Penalties
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.
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