AN ACT
ADOPTING
THE STRATEGIC ENVIRONMENTAL PLAN FOR PALAWAN, CREATING THE
ADMINISTRATIVE
MACHINERY FOR ITS IMPLEMENTATION, CONVERTING THE PALAWAN INTEGRATED
AREA
DEVELOPMENT PROJECT OFFICE TO ITS SUPPORT STAFF, PROVIDING FUNDS
THEREFOR,
AND FOR OTHER PURPOSES.
CHAPTER
IGENERAL
PROVISIONS
SECTION 1. Title.
— This Act shall be known as the "Strategic Environmental Plan
(SEP)
for Palawan Act."
SEC. 2. Declaration of
Policy. — It is hereby declared the policy of the State to protect,
develop and conserve its natural resources. Towards this end, it shall
assist and support the implementation of plans, programs and projects
formulated
to preserve and enhance the environment, and at the same time pursue
the
socioeconomic development goals of the country.
It shall support and promote
the sustainable development goals for the provinces through proper
conservation,
utilization and development of natural resources to provide optimum
yields
on a continuing basis. With specific reference to forest resources, the
State shall pursue and implement forest conservation and protection
through
the imposition of a total commercial logging ban as hereinafter
provided.
It shall also adopt the necessary
measures leading to the creation of an institutional machinery
including,
among others, fiscal and financial programs to ensure the effective and
efficient implementation of environmental plans, programs and projects.
It shall also promote and
encourage the involvement of all sectors of society and maximize people
participation in natural resource management, conservation and
protection.
SEC. 3. Definition of
Terms. — As used in this Act, the following terms are defined as
follows:
1.
"Palawan"
refers
to the Philippine province composed of islands and islets located
7º47'
and 12º22' north latitude and 117º00' and 119º51' east
longitude,
generally bounded by the South China Sea to the northwest and by the
Sulu
Sea to the east;
2.
"Sustainable development"
means the improvement in the quality of life of the present and future
generations through the complementation of development and
environmental
protection activities;
3. "Natural
resources"
refers to life-support systems such as the sea, coral reefs, soil,
lakes,
rivers, streams, and forests as well as useful products found therein
such
as minerals, wildlife, trees and other plants, including the aesthetic
attributes of scenic sites that are not man-made;
4. "Tribal
land areas"
refers to the areas comprising both land and sea that are traditionally
occupied by the cultural minorities;
5.
"Environmentally
critical areas" refers to terrestrial, aquatic and marine areas that
need
special protection and conservation measures as they are ecologically
fragile;
6.
"Participatory
processes" means the involvement of all the key sectors of development,
from the grassroots to the policy-making bodies of the National
Government,
in providing the values and ideas from which strategic development and
environmental protection action can come about;
7.
"Conservation"
refers to the wise use of natural resources that assures regeneration
and
replenishment for continuous benefit;
8.
"Ecology"
refers
to the life-sustaining interrelationships and interactions of organisms
with each other and with their physical surroundings;
9.
"Commercial
logging"
refers to the cutting, felling or destruction of trees from old growth
and residual forests for the purpose of selling or otherwise disposing
of the cut or felled logs for profit;
10. "SEP"
refers to
the Strategic Environmental Plan discussed in Section 4 of this Act;
11. "ECAN"
refers
to the Environmentally Critical Areas Network as provided in Section 7
of this Act; and
12. "EMES"
refers
to the Environmental Monitoring and Evaluation System provided in
Section
13 of this Act.
CHAPTER
IISTRATEGIC
ENVIRONMENTAL
PLAN: ADOPTION, PHILOSOPHY AND LEGAL EFFECTS
SEC. 4. Strategic Environmental
Plan. — A comprehensive framework for the sustainable development
of
Palawan compatible with protecting and enhancing the natural resources
and endangered environment of the province is hereby adopted. Such
framework
shall be known as the Strategic Environmental Plan for Palawan,
hereinafter
referred to as SEP, and shall serve to guide the local government of
Palawan
and the government agencies concerned in the formulation and
implementation
of plans, programs and projects affecting said province.
SEC. 5. Strategic Environmental
Plan (SEP) Philosophy. — The SEP shall have, as its general
philosophy,
the sustainable development of Palawan, which is the improvement in the
quality of life of its people in the present and future generations
through
the use of complementary activities of development and conservation
that
protect life-support ecosystems and rehabilitate exploited areas to
allow
upcoming generations to sustain development growth. It shall have the
following
features:
1.
Ecological
viability
— The physical and biological cycles that maintain the productivity of
natural ecosystems must always be kept intact;
2. Social
acceptability
— The people themselves, through participatory processes, should be
fully
committed to support sustainable development activities by fostering
equity
in access to resources and the benefits derived from them; and
3.
Integrated
approach
— This allows for a holistic view of problems and issues obtaining in
the
environment as well as opportunities for coordination and sharing that
will eventually provide the resources and political will to actually
implement
and sustain SEP activities.
SEC. 6. Legal Effects.
— The SEP shall serve as the framework to guide the government agencies
concerned in the formulation and implementation of plans, programs, and
projects affecting the environment and natural resources of Palawan. It
shall therefore be incorporated in the Regional Development Plan of
Region
IV as part of said plan. All local governments in Palawan and the
concerned
national and regional government agencies operating therein shall
coordinate
and align their projects and the corresponding budgets with the
projects,
programs and policies of the SEP, as administered and implemented by an
administrative machinery hereinafter created.
SEC. 7. Environmentally
Critical Areas Network (ECAN). — The SEP shall establish a graded
system
of protection and development control over the whole of Palawan,
including
its tribal lands, forests, mines, agricultural areas, settlement areas,
small islands, mangroves, coral reefs, seagrass beds and the
surrounding
sea. This shall be known as the Environmentally Critical Areas Network,
hereinafter referred to as ECAN, and shall serve as the main strategy
of
the SEP.
The ECAN shall ensure the
following:
1.
Forest
conservation
and protection through the imposition of a total commercial logging ban
in all areas of maximum protection and in such other restricted use
zones
as the Palawan Council for Sustainable Development as hereinafter
created
may provide;
2. Protection
of
watersheds;
3.
Preservation
of
biological diversity;
4. Protection
of
tribal
people and the preservation of their culture;
5.
Maintenance
of
maximum sustainable yield;
6. Protection
of
the
rare and endangered species and their habitat;
7. Provision
of
areas
for environmental and ecological research, education and training; and
8. Provision
of
areas
for tourist and recreation.
SEC. 8. Main Components.
— The areas covered by the ECAN shall be classified into three (3) main
components:
1.
Terrestrial —
The
terrestrial component shall consist of the mountainous as well as
ecologically
important low hills and lowland areas of the whole province. It may be
further subdivided into smaller management components;
2.
Coastal/marine
area — This area includes the whole coastline up to the open sea. This
is characterized by active fisheries and tourism activities; and
3. Tribal
ancestral
lands — These are the areas traditionally occupied by the cultural
communities.
SEC. 9. Terrestrial Component;
Management Scheme and Zonation. — The terrestrial component may be
further subdivided into smaller management components for a more
efficient
supervision. These management components, in turn, shall each be
further
subdivided into the following zones:
1.
Area of
maximum
protection or core zone — This zone shall be fully and strictly
protected
and maintained free of human disruption. Included here are all types of
natural forest which include first growth forest, residual forest and
edges
of intact forest, areas above one thousand (1,000) meters elevation,
peaks
of mountains or other areas with very steep gradients, and endangered
habitats
and habitats of endangered and rare species. Exceptions, however, may
be
granted to traditional uses of tribal communities of these areas for
minimal
and soft impact gathering of forest species for ceremonial and
medicinal
purposes.
2. Buffer
zone —
This
area permits regulated use and may be further subdivided into three (3)
sub-zones:
a.
Restricted
use
area. — Generally surrounds the core zone and provides a protective
barrier.
Limited and nonconsumptive activities may be allowed in this area;
b.
Controlled
use
area. — Encircles and provides the outer barrier to the core and
restricted
use areas. Controlled forest extraction, like the collecting of minor
forest
products, and strictly controlled logging and mining may be allowed; and
c.
Traditional
use
area. — Edges of intact forests where traditional land use is already
stabilized
or is being stabilized. Management and control shall be carried out
with
the other supporting programs of the SEP.
3.
Multiple/manipulative
use area. — This is the area where the landscape has been modified for
different forms of land use such as intensive timber extraction,
grazing
and pastures, agriculture and infrastructure development. Control and
management
shall be strictly integrated with the other supporting programs of the
SEP and other similar programs of the Government.
SEC. 10. Coastal/Marine Zone.
— A different and simplified scheme of management and zonation shall be
applied to this component due to its geographical characteristics,
critical
nature, and patterns of resource use. Equitable access to the resource
and management responsibility by the local community shall be the
underlying
management philosophy of this component.
1.
Core zone. —
This
are shall be designated free from any human activity. This includes
sanctuaries
for rare and endangered species, selected coral reefs, seagrass, and
mangrove
ecosystem reserves.
2. Multiple
use
zone.
— Aside from being the development area, this zone also serves as the
buffer
zone where fishery, mariculture, recreation, rehabilitation of small
islands
and mangrove ecosystem, education and research are allowed.
SEC. 11. Tribal Ancestral
Lands. — These areas, traditionally occupied by cultural
minorities,
comprise both land and sea areas. These shall be treated in the same
graded
system of control and prohibition as in the others abovementioned
except
for stronger emphasis in cultural considerations. The SEP, therefore,
shall
define a special kind of zonation to fulfill the material and cultural
needs of the tribes using consultative processes and cultural mapping
of
the ancestral lands.
CHAPTER
IIIMANAGEMENT
OF
RESOURCES
OUTSIDE OF THE ECOLOGICALLY CRITICAL AREAS
SEC. 12. Management of Resources
Outside of the Ecologically Critical Areas. — The SEP shall provide
for the management of resources outside of the ECAN and shall include
coastal
resources, resources of the catchment areas, timber and mines,
development
in the lowlands, and settlement areas. It shall also provide for
tourism
planning.
CHAPTER
IVSUPPORT
MECHANISMS
SEC. 13. Environmental Monitoring
and Evaluation System (EMES). — In order to monitor achievement of
its goals, the SEP shall establish an Environmental Monitoring and
Evaluation
System (EMES) which shall ensure a systematic and reliable means of
data
generation for the various concerns of the SEP. It shall measure
changes
in environmental status, identify adverse environmental trends and
crisis
areas, recommend solutions, assess the implementation of the SEP, and
suggest
measures to make the SEP more responsible to the changing needs.
SEC. 14. Environmental
Research. — The SEP shall provide for a system of research so that
additional information for accurate planning as well as data to solve
new
problems in the implementation of the SEP shall be supplied. As such,
the
SEP's researches shall not be confined to the physical and biological
features
of the environment, achieved through surveys, monitoring, resources
assessments
and research into processes, but shall also extend to policies and
socioeconomic
questions.
SEC. 15. Environmental
Education and Extension. — The SEP shall design an environmental
information
and education designed to gradually wean the people away from
destructive
practices and shall recommend practical ways as an alternative.
Training programs for
the
nongovernmental organizations (NGOs), business sector representatives,
and community leaders shall be organized. This may establish linkages
between
the NGO's, community leaders, sector representatives and the staff of
line
agencies' development communication or public information section and,
at the same time, be used to plan out a comprehensive public
information
drive.
Simultaneously,
community
organizing shall be enhanced to reinforce non-formal approaches,
complementing
regular environment/science courses in the school.
CHAPTER
VADMINISTRATIVE
MACHINERY
FOR THE IMPLEMENTATION OF THE SEP
SEC. 16. Palawan Council
for Sustainable Development. — The governance, implementation and
policy
direction of the Strategic Environmental Plan shall be exercised by the
herein created Palawan Council for Sustainable Development (PCSD),
hereinafter
referred to as the Council, which shall be under the Office of the
President.
It shall be composed of the Members of the House of Representatives
representing
the Province of Palawan, the Deputy Director General of the National
Economic
and Development Authority, the Undersecretary of Environment and
Natural
Resources, the Undersecretary for Special Concerns of the Department of
Agriculture, the Governor of Palawan, the Mayor of Puerto Princesa
City,
the President of the Mayor's League of Palawan, the President of the
Provincial
Chapter of the Liga ng mga Barangay, the Executive Director of the
Palawan
Council for Sustainable Development Staff as provided in Section 20 of
this Act, and such other members from the public or private sectors as
the majority of the Council may deem necessary.
The Council shall
elect,
from among its members, a Chairman and a Vice-Chairman.
SEC. 17. Quorum.
— A majority of the members of the Council shall constitute a quorum
for
the conduct of business.
SEC. 18. Compensation.
— The members of the Council shall be entitled to per diems and
allowances
in accordance with existing laws in the performance of their duties and
in carrying out the business of the Council. The per diems shall be in
the amount of Five hundred pesos (P500) for every meeting: Provided,
That
the per diems collected do not exceed the equivalent of per diems for
four
(4) meetings in a month.
SEC. 19. Powers
and
Functions.
— In order to successfully implement the provisions of this Act, the
Council
is hereby vested with the following powers and functions:
1.
Formulate
plans
and policies as may be necessary to carry out the provisions of this
Act;
2.
Coordinate
with
the local governments to ensure that the latter's plans, programs and
projects
are aligned with the plans, programs and policies of the SEP;
3. Call on
any
department,
bureau, office, agency or instrumentality of the Government, and on
private
entities and organizations for cooperation and assistance in the
performance
of its functions;
4. Arrange,
negotiate
for, and accept donations, grants, gifts, loans, and other funding from
domestic and foreign sources to carry out the activities and purposes
of
the SEP;
5.
Recommend
to the
Congress of the Philippines such matters that may require legislation
in
support of the objectives of the SEP;
Delegate any or all of its powers
and functions to its support staffs, as hereinafter provided, except
those
which by provisions of law cannot be delegated;
1.
Establish
policies
and guidelines for employment on the basis of merit, technical
competence
and moral character and prescribe a compensation and staffing pattern;
2. Adopt,
amend and
rescind such rules and regulations and impose penalties therefor for
the
effective implementation of the SEP and the other provisions of this
Act;
3. Enforce
the
provisions
of this Act and other existing laws, rules and regulations similar to
or
complementary with this Act;
4. Perform
related
functions which shall promote the development, conservation,
management,
protection, and utilization of the natural resources of Palawan; and
5. Perform
such other
powers and functions as may be necessary in carrying out its functions,
powers, and the provisions of this Act.
SEC. 20. Conversion of Palawan
Integrated Area Development Project Office (PIADPO) to the Palawan
Council
for Sustainable Development Staff . — The Palawan Integrated Area
Development
Project Office, hereinafter referred to as PIADPO, is hereby converted
to the Palawan Council for Sustainable Development Staff which shall
serve
as the regular professional support staff of the Council and shall
provide
the machinery to coordinate the policy and functions, implement
programs,
and organize such services as may be required by the Council in the
exercise
of its functions. It shall be independent of any other department or
agency
of the Government other than the herein provided Council. All the
applicable
powers, functions, personnel, complement, staff, appropriations,
records,
equipment, property, funds, and other assets of the PIADPO, as well as
all its obligations and liabilities, are hereby transferred to the
Palawan
Council for Sustainable Development Staff.
The incumbent director of
the PIADPO shall be the Executive Director of the Palawan Council for
Sustainable
Development Staff and shall lead all its operations. Thereafter, the
Executive
Director shall be appointed by the members of the Council. He shall
also
be ex officio member of the Council.
CHAPTER
VIAPPROPRIATIONS
AND FINAL
PROVISIONS
SEC. 21. Appropriations.
— The amount necessary to carry out the provisions of this Act shall be
charged to the current fiscal year appropriations of the PIADPO.
Thereafter,
such sums as may be necessary shall be included in the annual General
Appropriations
Act.
SEC. 22. Separability
Clause. — If any of the provisions of this Act shall be declared
unconstitutional,
the other provisions of this Act shall remain valid.
SEC. 23. Repealing Clause. — All laws,
decrees,
orders, rules and regulations or parts
thereof
contrary to or inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
SEC. 24. Effectivity Clause.
— This Act shall take effect upon its approval.
Approved: 19 June 1992.