Question & AnswerQ&A (ADMINISTRATIVE ORDER NO. 2018-05)
The development fees are based on a fixed percentage of the zonal value of the land and improvements thereon, specifically five percent (5%) of the most recent zonal value of the commercial zone in the nearest barangay or municipality multiplied by the size of the area for development, and one percent (1%) of the value of improvements as a premium to the protected area.
The development fee shall be re-evaluated every five years.
Zonal value refers to the amount set by the Bureau of Internal Revenue (BIR) with the assistance of realtors and other knowledgeable persons in the area, which serves as the basis for capital gains, transfer, donoras, creditable withholding taxes, expropriation, and other government-related transactions.
The development fee must be paid by the proponent upon approval of the Special Use Agreement by the Secretary and annually thereafter by depositing the amount to the Integrated Protected Area Fund (IPAF). The proponent must present proof of payment to the DENR through the Protected Area Superintendent (PASU), who shall release the SAPA upon confirmation of payment.
Failure to pay within the prescribed period shall subject the proponent to surcharges of 8.33% monthly for late payment or a 100% surcharge for one (1) year of non-payment.
An administrative fee of Five Thousand Pesos (PhP5,000.00) shall be paid by the proponent for every SAPA application. This fee covers the cost of examining, assessing, and processing the requirements submitted for the application.
All fees collected, including development and administrative fees, shall be deposited to the Integrated Protected Area Fund (IPAF).
Environmental programs and/or projects and services implemented by the proponent shall be accounted for by the DENR to ensure the protection of biodiversity and sustainability of ecosystem services in the protected area. An annual report of accomplishments must be submitted to the concerned Protected Area Management Board (PAMB) for monitoring purposes.
All existing MOAs on Special Uses within Protected Areas shall be converted into Special Use Agreements (SAPA) in accordance with DAO 2007-17 and this Administrative Order No. 2018-05.
This Administrative Order took effect fifteen (15) days after its publication in a newspaper of general circulation and upon acknowledgment of receipt of a copy by the Office of the National Administrative Register (ONAR).