Title
Balanga Wetland Ecotourism Zone Law
Law
Republic Act No. 11365
Decision Date
Aug 8, 2019
The Balanga Wetland and Nature Park is designated as a responsible community-based ecotourism zone, promoting sustainable tourism, biodiversity conservation, and equitable economic benefits for local residents through a collaborative management approach involving various government and community stakeholders.
ecotourism
responsible tourism
environmental law

Policy, purpose, and governing approach

  • The State promotes a tourism industry that is ecologically sustainable, responsible, participative, culturally sensitive, economically viable, and equitable for the local community.
  • The Balanga Wetland and Nature Park (BWNP) is declared a special ecotourism zone and is given priority development by DENR, DOT, DPWH, and TIEZA.
  • The BWNP ecotourism framework must follow the rules and regulations governing ecotourism zones in the national ecotourism strategy jointly issued by DENR and DOT.
  • The Act directs development toward responsible, community-based ecological tourism as the core management strategy for the BWNP.
  • The Act mandates conservation of biodiversity and preservation of the ecotourism park.

Key definitions established

  • A “Buffer zone” is an identified area outside the BWNP boundaries and immediately adjacent to the BWNP that needs special development control to avoid or minimize harm to the BWNP.
  • “Community-based ecotourism” is tourism where the local community and its residents have substantial control and involvement in development and management, and a greater portion of economic gains remains within the community.
  • “Ecotourism” is sustainable tourism within a natural area that fosters community participation, protection and management of natural resources, cultural and indigenous knowledge and practice, environmental education and ethics, and economic benefits for host communities and satisfaction of visitors.
  • A “Homestay” is a system where a tourist stays with local residents and experiences day-to-day life within the local community.
  • “Responsible ecotourism” is sustainable tourism where both the tourism sector and tourists take responsibility for protecting, respecting, and conserving the natural environment and local culture, while community participation and economic benefits are fostered for the well-being of local people and visitors.

Ecotourism zone declaration and protected coverage

  • The BWNP, located in Barangay Tortugas, City of Balanga, Province of Bataan, is declared a responsible, community-based ecotourism zone.
  • The BWNP is allocated priority development by DOT, DENR, DPWH, and TIEZA.
  • The BWNP must be governed by the national ecotourism strategy jointly issued by DENR and DOT.
  • The BWNP is declared an ecotourism zone covering:
    • One hundred fifty-three thousand five hundred seventy-eight (153,578) square meters of mangrove forest, and
    • One hundred eighty-seven thousand five hundred (187,500) square meters of foreshore land.
  • The Act establishes the BWNP’s boundaries through detailed metes and bounds:
    • Mangrove Forest boundaries beginning at point marked 1 (with coordinates and reference to MBM 1, Balanga Cadastre, Bataan) and ending at point of beginning, with the area stated as 153,578 square meters, more or less.
    • Foreshore Land boundaries beginning at a point marked “1” (with coordinates and reference to MBM #1, Balanga Cadastre, Bataan) and ending at point of beginning, with the area stated as 187,500 square meters, more or less.
  • The Act directs that metes and bounds be indicated on maps and/or natural charts.
  • Coverage changes must be made through an act of Congress, after consultation with concerned government agencies, due to factors including changing ecological situation, new scientific or archaeological findings, or discovery of traditional boundaries not previously taken into account.

Buffer zone establishment and restrictions

  • A buffer zone is established surrounding the BWNP to provide extra protection and where restrictions apply to assist communities in addressing threats to the BWNP.
  • Buffer zones must be managed according to the ecotourism development and management plan formulated under the Act.
  • The buffer zone must be included in the BWNP’s ecotourism development and management plan.
  • No build up or reclamation detrimental to the biodiversity in the BWNP may be done within the designated buffer zone.
  • The Council exercises authority over the designated buffer zone.

Ecotourism development and management plan

  • DENR and DOT jointly assist the Balanga Wetland and Nature Park Development Council in formulating the ecotourism development and management plan for the BWNP.
  • The plan must be complemented by guidelines for a responsible, community-based ecotourism.
  • The plan must ensure preservation of the eco-park and must include the following components:
    • Carrying capacity of the eco-park and its migratory birds;
    • Specific site assessment;
    • Identification of strategic priorities;
    • Product development for local income generation;
    • Capacity-building for the local community to manage economically viable and responsible community-based ecotourism enterprises;
    • Support for the formulation of local production groups and networks, including marketing and pricing of products;
    • Marketing strategies reflecting natural, social, and environmental integrity of the BWNP;
    • Regular water quality monitoring of the Talisay River;
    • Management and maintenance of the mangrove areas;
    • Solid and liquid waste management;
    • Solutions addressing declining populations of waterbirds as reflected in the annual waterbird census.
  • The plan must be developed participatorily, from the bottom up, using a framework to be provided by DOT and DENR, in consultation with the Council.
  • The Act mandates that, to protect the mangrove forest, foreshore areas shall not be leased to any private entity.

Balanga Wetland and Nature Park Development Council

  • A multi-sectoral council titled the “Balanga Wetland and Nature Park Development Council” is created (the Council).
  • The Council is composed of members including:
    • The Mayor of the City of Balanga as Chairperson;
    • The head of the City Tourism Office of the City of Balanga as Vice-chairperson;
    • Heads and officers from the City ENRO, provincial ENR office of Bataan, Barangay Tortugas, and relevant national agencies (including Director of the Biodiversity Management Bureau (BMB) and Chief Operating Officer of TIEZA);
    • Regional Directors for DOT, DENR, and DPWH for Region 3, and the DENR-PENRO of Bataan;
    • The Chairman of the City Fisheries and Aquatic Resources Management Council of the City of Balanga;
    • One (1) representative from an academic institution (preferably in Bataan) with a proven track record relevant to wetlands and/or waterbird management;
    • One (1) representative from the private sector (preferably a Bataan resident) distinguished in a relevant profession or field;
    • One (1) representative from either an NGO or people’s organization (PO), duly accredited by DENR and the provincial government of Bataan, with at least five (5) years of existence and a relevant track record.
  • Ex officio members serving by virtue of elective or appointive government position serve for the duration of their respective terms of office.
  • The representatives under the academic institution, private sector, and NGO/PO categories are elected by the ex officio members through a transparent and fair selection process.
  • Those elected members serve a term of three (3) years and may be reappointed for another term.
  • Council members serve without compensation, except for actual and necessary traveling and subsistence expenses incurred in performance of duties (in meetings or other authorized official business), subject to existing rules and regulations.
  • Council members must have full capacity and accountability for decisions binding to their sector.
  • Members duly elected or appointed prior to effectivity continue until expiration of their term or appointment.
  • The Council must ensure at least 40% of members are women pursuant to Republic Act No. 9710.
  • The Act authorizes removal of a Council member on grounds including:
    • More than three (3) consecutive unexcused absences from regular meetings;
    • Commission of acts prejudicial to BWNP development and management;
    • Disassociation from the office or organization represented;
    • Termination of relationship with the office or organization represented;
    • Conviction by final judgment of any criminal act.
  • The City of Balanga must provide a Secretariat for the Council and fund expenses for official functions and activities.

Council powers, responsibilities, and standards

  • The Council formulates and implements the ecotourism development and management plan in consultation with local residents, businesses, and other stakeholders.
  • The Council provides technical and financial assistance to communities within the site.
  • The Council implements a monitoring plan for waterbirds and their habitats to ensure their presence and well-being in the BWNP.
  • The Council formulates rules and regulations for maintenance and security of the ecotourism site.
  • The Council performs other functions necessary to carry out the objectives of the Act.
  • The DENR and DOT assist the Council in formulating local ecotourism standards integrating environmental protection into development and management.
  • The standards must:
    • Raise the capacity of stakeholders and ensure best practices;
    • Ensure optimal use of water and energy;
    • Reduce waste and pollution by encouraging recycling and other environmentally-sound waste management reduction and disposal schemes;
    • Prevent vandalism in eco-park facilities;
    • Encourage use of local produce and services and support employment of local people.

Coordination, implementing rules, and appropriations

  • DENR and DOT must closely coordinate with the Council and relevant regional offices of DOLE, DPWH, DOTr, DA, DepEd, DTI, DILG, PNP, MARINA, and other line agencies in implementing the Act.
  • DENR and DOT, in consultation with the Council, other concerned government agencies, and stakeholders, must promulgate the necessary implementing rules and regulations within thirty (30) days from effectivity.
  • The Secretaries of DENR, DOT, and DPWH and the Chief Operating Officer of TIEZA must include in their subsidy programs support for the capital outlay requirements of the BWNP for preliminary implementation and enhancement of ecotourism zone facilities.
  • The initial funding for these capital outlays must come from the budget of their respective agencies for the current fiscal year.
  • Budget allocations for succeeding years must be included in the General Appropriations Act, subject to government audit.

Separability, repeals, and legislative effect

  • If any provision of Republic Act No. 11365 is declared unconstitutional or invalid, the other provisions not affected remain in full force and effect under the separability clause.
  • All inconsistent laws, decrees, executive orders, proclamations, and administrative regulations, or parts thereof, are repealed or modified accordingly under the repealing clause.

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