QuestionsQuestions (Republic Act No. 11686)
RA No. 11686 is titled the “Naga-Kabasalan Protected Landscape Act.” It declares a parcel of land in the municipalities of Naga and Kabasalan, Zamboanga Sibugay—covering the Tipan and Busyawan Watersheds—as a protected area with the category of Protected Landscape, to be known as the Naga-Kabasalan Protected Landscape (NKPL).
RA 11686 classifies all lands of the public domain within the NKPL coverage as falling under the classification of national park pursuant to Article XII, Section 3 of the Constitution.
The State declares its policy to secure the perpetual existence of native plants and animals through protected areas under the NIPAS, ensure conservation, protection, management, and rehabilitation of the NKPL, and promote sustainable development consistent with biodiversity principles through cooperation among government agencies, LGUs, NGOs, private entities, and local communities.
“Protected landscape” refers to an area of national significance characterized by the harmonious interaction of human, land, and water, while providing opportunities for public enjoyment through recreation, tourism, and other economic activities.
Buffer zones are identified areas outside the NKPL boundaries and immediately adjacent to them that need special development control to avoid or minimize harm to the protected area. The DENR Secretary may designate buffer zones upon recommendation of the Protected Area Management Board (PAMB).
Owners of private lands within a designated buffer zone are required to design their development with due consideration to the protected area management plan.
The PAMB must be created within ninety (90) days from the effectivity of the Act.
Key members include: (1) DENR Regional Executive Director for Region IX (Chair); (2) Governor of Zamboanga Sibugay; (3) Senators residing in the province (unless they decline); (4) district representative of the congressional district; (5) Mayors of Naga and Kabasalan; (6) chairpersons of all barangays with territorial jurisdiction over the NKPL; (7) regional directors of DA, NEDA, DOST, PNP, DND, and DOT; (8) three NGO/PO representatives accredited by DENR and the province; (9) 1–3 representatives from ICCs/IPs recognized by NCIP; (10) 1 academic institution representative; and (11) 1 private sector representative (preferably resident and relevant to protected area management).
The PAMB oversees the management of the NKPL, approves management policies and plans, allocates financial resources for the management plan, issues rules for conflict resolution, monitors performance of the Protected Area Superintendent, and recommends policies and designations/appointments relevant to management.
It provides that the DENR, through the Regional Director, shall ensure the PAMB acts within its scope. In case of conflict between PAMB resolutions and existing administrative orders of national application, the latter shall prevail.
RA 11686 establishes the PAMO to be headed by a Protected Area Superintendent (PASu). The PASu supervises day-to-day management, protection, and administration of the NKPL and holds a permanent plantilla position, appointed by the DENR Secretary.
Examples include: (1) prepare the management plan with annual work and financial plan and ensure implementation; (2) integrate protected area management plans with relevant national and LGU plans; (3) provide secretariat services to the PAMB and committees; (4) formulate and recommend proposed policies/rules/regulations/programs to the PAMB; (5) establish and maintain a database management system; (6) enforce laws/rules and assist prosecution of violations; (7) issue permits and clearances for activities allowed by the management plan; (8) collect and receive pertinent fees and income; among others.
The NKPL-IPAF (Naga-Kabasalan Protected Landscape Integrated Protected Area Fund) is a trust fund for financing projects of the NKPL and the NIPAS. All income generated from operation and management of wild flora and fauna in the NKPL accrues to this fund, derived from fees for permitted sale/export of flora and fauna and other resources, NKPL proceeds, lease of multiple-use areas, contributions from industries/facilities directly benefiting from the NKPL, and other NKPL-derived income.
The PAMB retains 75% of revenues, deposited to the PA-RIA in an authorized government depository bank within the locality for use solely for protection, maintenance, administration, management, and implementation of duly approved PAMB projects. The remaining 25% is deposited as a special account in the National Treasury for financing NIPAS projects.
The fund may not be used to cover personal services expenditures.
The DENR Secretary must immediately include implementation of the Act in the DENR program, with funding included in the annual General Appropriations Act. The DENR Secretary must also issue implementing rules and regulations within ninety (90) days from effectivity, in consultation with LGUs, the provincial government, and concerned national agencies.