Question & AnswerQ&A (Republic Act No. 9154)
The law is known as the Mt. Kanla-on Natural Park (MKNP) Act of 2001.
The policy is to ensure the protection, conservation, and sustainable development of Mt. Kanla-on, including its communities and their culture, in harmony with nature, pursuant to relevant laws such as the NIPAS Act and the IPRA.
Bioprospecting refers to the research, collection, and utilization of biological and genetic resources for scientific and/or commercial purposes.
A Natural Park is a relatively large area not materially altered by human activity, where extractive resource uses are not allowed, maintained to protect outstanding natural and scenic areas of national or international significance for scientific, educational, and recreational use.
The protected area includes parts of the Cities of Bago, La Carlota, San Carlos, and municipalities of La Castellana and Murcia in Negros Occidental, and the City of Canlaon and Municipality of Vallehermoso in Negros Oriental, encompassing approximately 24,388 hectares.
The buffer zone is an area established for exploration, development, and utilization of geothermal energy resources and other exploration activities, but commercial exploration within Mt. Kanla-on Natural Park itself requires an Act of Congress and permits following forestry and environmental regulations.
The management and administration of the MKNP are vested in the Protected Area Management Board (PAMB), with local government units participating through representation.
The PAMB includes Regional Executive Directors of DENR Regions VI and VII, Governors, Mayors, Barangay Captains of areas within MKNP, representatives from NGOs, People's Organizations, Indigenous Cultural Communities/Indigenous Peoples, Provincial Planning and Development Officers, and a representative from the PNOC Energy Development Corporation.
Penalties include a fine of not less than ₱5,000 but not more than ₱500,000 and imprisonment of six years and one day up to twelve years. If the species is protected, penalties increase to imprisonment of twelve years and one day up to twenty years and a fine of ₱500,000 to ₱1,000,000.
ICCs/IPs have recognized rights to their ancestral lands and domains subject to existing property rights. Their traditional property regimes and customary laws govern relationships within their communities. The Act is construed liberally in favor of ICCs/IPs while ensuring preservation and conservation objectives.
Tenured migrants who occupied areas since June 1, 1987, dependent on the MKNP for livelihood, may receive community-based tenurial instruments over occupied or cultivated land up to three hectares, limited to multiple-use zones, and with restrictions on transfer or encumbrance.
Prohibited acts include hunting or collecting wildlife without permits, illegal logging or removal of forest products, introducing exotic species without permit, engaging in kaingin or causing forest fires, violating the Management Plan, vandalizing natural formations or cultural sites, illegal dumping, unauthorized use of motorized equipment, unauthorized occupation, construction without permit, bioprospecting without permits, and treasure hunting.
The Protected Area Superintendent (PASu) and duly deputized personnel have the authority to arrest violators without a warrant and confiscate tools and illegal resources.
IPAF is a trust fund for financing projects within the protected area system. It consists of incomes from fees, permits, leases, contributions, and donations, and is used solely for protection, maintenance, administration, and management of the MKNP and related projects.
Commercial facilities with capitalization of at least ₱100,000 must submit sworn statements regarding their environmental impact to the PAMB. The PAMB will determine if operations are detrimental and may impose conditions or fines for violations, including possible cessation and demolition.