Question & AnswerQ&A (DENR DEPARTMENT ADMINISTRATIVE ORDER NO. 25 S. 1992)
The primary purpose of the NIPAS Act is to ensure the conservation of biological diversity through the management, protection, sustainable development, and rehabilitation of protected areas.
It applies to all areas designated as national parks, game refuges, wildlife sanctuaries, wilderness areas, strict nature reserves, watersheds, mangrove reserves, fish sanctuaries, natural and historical landmarks, protected and managed landscapes or seascapes, identified virgin forests, and other protected areas established pursuant to the NIPAS Act.
The steps include compiling technical descriptions and maps, initial screening for suitability, conducting studies and public hearings, and preparing final recommendations for the President and Congress.
Buffer zones are areas adjoining protected areas established by law for extra protection. They provide livelihood opportunities based on sustainable resource use and form a social fence preventing encroachment into protected areas.
The PAMB includes the DENR Regional Executive Director as chairman, representatives from autonomous regional government, provincial development office, municipal and barangay governments, tribal communities, NGOs, and national government departments involved in protected area management. It oversees planning, resource protection, administration, enforcement of rules, and monitoring within the protected area.
Prohibited acts include hunting or possession of wildlife without a permit, dumping waste, using motorized equipment without a permit, damaging cultural or natural objects, squatting, illegal construction or business operations, leaving refuse unsanitary, and defacing boundary markers.
Offenders may be fined between P5,000 and P500,000, imprisoned from one to six years, or both. They may be required to restore damages, evicted, and have confiscated illegally taken resources or equipment. Corporate officers can be held responsible for violations by their employees.
Ancestral domain claims are identified, evaluated, and accepted following established procedures, including proof through various documents and testimonies. Upon acceptance, the area is delineated and demarcated, and a Certificate of Ancestral Domain Claim or Community Forest Stewardship Agreement is issued pending further congressional recognition.
Tenured migrants who have continuously occupied an area for at least five years prior to its designation and depend on it for subsistence may be granted tenure within multiple-use or buffer zones for sustainable use, subject to management plans and biodiversity conservation guidelines.
The IPAF Governing Board administers the fund to finance NIPAS projects, composed of seven members including the DENR Secretary as chairman, two government agency representatives, two accredited NGO members, and two indigenous community representatives. The board manages fund allocation, guidelines, accounting, and auditing.