QuestionsQuestions (Republic Act No. 11365)
RA 11365 is titled the “Balanga Wetland and Nature Park Responsible Ecotourism Act.” It declares the Balanga Wetland and Nature Park (BWNP) as a responsible, community-based ecotourism zone and provides for funding and policies to conserve the area while generating livelihood for local residents.
The State must promote ecologically sustainable, responsible, participative, culturally sensitive, economically viable, and equitable tourism for the local community, with priority development for BWNP by specified national agencies.
Key objectives include developing responsible community-based ecological tourism; ensuring biodiversity conservation; generating employment/livelihood consistent with resource preservation; guaranteeing equitable sharing of financial/economic benefits with preference/support for community and home-based enterprises.
It is tourism where the local community/residents have substantial control and involvement in development and management, with a greater portion of economic gains remaining within the community.
It is sustainable tourism where both the tourism sector and tourists take responsibility for protecting/respecting/conserving the environment and local culture, with community participation and economic benefits pursued for the well-being of both local people and visitors.
BWNP covers 153,578 square meters of mangrove forest and 187,500 square meters of foreshore land.
Any modification of coverage due to such factors must be made through an Act of Congress, after consultation with concerned government agencies.
A buffer zone is an identified area outside and immediately adjacent to BWNP requiring special development control to avoid/minimize harm. No build-up or reclamation detrimental to BWNP biodiversity may be done within the designated buffer zone.
DENR and DOT, in coordination with DPWH and TIEZA, shall jointly assist in formulation of the plan, complemented by guidelines for responsible community-based ecotourism.
It must include, among others: carrying capacity (including migratory birds); specific site assessment; strategic priorities; product development for local income; capacity-building; local production group networks and marketing/pricing; marketing strategies; water quality monitoring of Talisay River; mangrove management; solid and liquid waste management; and solutions addressing declining waterbird populations as shown by annual waterbird census.
Foreshore areas within BWNP shall not be leased to any private entity to protect the mangrove forest.
It is a multi-sectoral council chaired by the Mayor of Balanga and includes local officials and relevant national/regional agency heads (e.g., DENR, DOT, DPWH, TIEZA, DOT Region 3, DENR Region 3, DPWH Region 3, BMB Director, City Fisheries and Aquatic Resources Council chair, barangay chairman) plus three non-government representatives (academic, private sector, and NGO/PO) subject to selection/election rules.
The academic, private sector, and NGO/PO representatives (subparas m, n, o) are elected by the ex officio members through a transparent and fair selection process, serve a 3-year term, and may be reappointed for another term.
A member may be removed for: more than three consecutive unexcused absences from regular meetings; acts prejudicial to BWNP development/management; disassociation from the represented office/organization; termination of relationship with the represented office/organization; or conviction by final judgment of any criminal act.
Examples: (1) formulate and implement the ecotourism development and management plan with local residents/businesses/stakeholders; (2) provide technical and financial assistance to communities within the site; (3) implement monitoring of waterbirds and habitats; (4) formulate rules/regulations for maintenance and security of the ecotourism site; and (5) perform other necessary functions to carry out the objectives of the Act.
The DENR and DOT must promulgate the necessary rules and regulations within 30 days from the effectivity of the Act, in consultation with the Council, other concerned agencies, and stakeholders.
DENR, DOT, DPWH, and TIEZA are to include BWNP capital outlay requirements for preliminary implementation and facility enhancement in their subsidy programs from their current fiscal year budgets. Subsequent-year allocations must be included in the General Appropriations Act, subject to government audit.