State Policy on Protection and Sustainable Development
- Emphasizes importance of conserving natural attributes, watershed functions, biodiversity, cultural and economic values.
- State policy mandates protection, conservation, maintenance, rehabilitation, and sustainable development of CCPL.
- Recognizes CCPL's vital role as a water source and ecological system.
- Promotes harmonious coexistence of communities with nature.
Scope and Land Classification
- Covers 29,062 hectares in parcels "A" and "B", with buffer zones established.
- Each component area retains special uses, management restrictions consistent with prior classifications.
- Boundaries and technical descriptions subject to adjustments through Congress based on scientific findings.
Definitions of Key Terms
- Biodiversity, biological resources, buffer zone, strict protection zone, sustainable use, wildlife, tenured migrants, kaingin, and others defined.
- Clarifies terminology relevant to protected areas, resource use, and community roles.
- Aligns definitions with NIPAS Act of 1992.
Central Cebu Protected Landscape Protected Area Management Board (CCPL-PAMB)
- Created as the policy-making and management authority with sole jurisdiction over the CCPL.
- Powers include issuing rules and regulations, conflict resolution, approving management plans, deputizing enforcers, setting fees, managing funds.
- DENR Regional Executive Director chairs the Board.
- Board decisions by consensus or majority vote.
- Resolution conflicts with DENR regulations are settled by DENR Secretary.
Composition and Term of CCPL-PAMB
- Includes DENR RED (chairman), provincial planning officer, mayors or representatives, barangay representatives, local POs and NGOs, and government agency representatives.
- Members serve five-year terms representing their sectors; government officials' terms tied to office held.
- Initial members nominated from component area interim PAMBs.
- At least 50% members must be women.
- Members receive no salary but reimbursement for expenses.
Executive Committee (ExeCom) of CCPL-PAMB
- Formed due to large size of Board.
- Composed of DENR technical director, Cebu City and Balamban mayors, provincial planning officer, and permanent committee chairs.
Powers and Functions of Executive Committee
- Approve policies and guidelines from committees.
- Act on proposals, research requests, and issuance of permits.
- Recommend sanctions for violations.
- Review fee system and generate funds.
- Conduct periodic review of management plans.
- Handle day-to-day affairs and delegated Board functions.
Protected Area Superintendent (PASu) Office
- Established within DENR regional office as chief operating officer of CCPL.
- Reports to DENR RED and accountable to CCPL-PAMB.
- Responsible for protection, enforcement of laws, preparation of management plans, database management, monitoring activities.
- Deputizes local community leaders for enforcement.
Tenured Migrants and Occupants Within CCPL
- Tenured migrants eligible as stewards in allowable zones.
- PAMB to verify tenure instruments and issue appropriate tenure consistent with zoning.
- Transfers and resettlements to be handled humanely if zones do not allow occupation.
- PASu to rehabilitate land upon termination of tenure.
- Non-qualifying occupants must be resettled outside CCPL.
Resource Utilization and Energy Projects
- Exploitation of nonrenewable resources prohibited.
- Energy projects allowed only by Congress act, except small renewable sources outside strict protection zones and with environmental assessment and PAMB endorsement.
Existing Facilities Within CCPL
- Facilities must submit descriptions to CCPL-PAMB for evaluation within 60 days.
- CCPL-PAMB can impose conditions or order cessation and demolition for violations.
- Fines imposed for violations; royalties may be charged for facilities allowed.
Prohibited Acts and Penalties
- Prohibitions include unauthorized taking, destruction, collection of wildlife and forest products; mining and quarrying; hunting protected species; bio-prospecting without approval; introduction of exotic species.
- Additional prohibitions: unauthorized structures, possession of mechanized equipment, dumping waste, use of toxic substances, illegal occupation, use of explosives, vandalism, kaingin, land transactions in CCPL.
- Penalties include fines (P5,000 to P500,000) and imprisonment (1 to 6 years).
- Confiscation of implements and devices subject to due process.
- Conviction of public officers includes disqualification from office.
- Penalties supplement provisions in RA 9072, RA 9147 and other laws.
Special Prosecutor and Retained Counsel
- DOJ to appoint a special prosecutor within 30 days.
- Special prosecutor coordinates with CCPL-PAMB and PASu for enforcement.
- CCPL-PAMB may retain legal counsel to assist prosecution and defense related to CCPL activities.
Central Cebu Protected Landscape Fund
- Trust fund established for CCPL financing.
- 75% of income from operation accrues to fund; 25% to Integrated Protected Areas Fund under NIPAS.
- Income sources: visitor fees, permitted flora and fauna sales, leases, contributions from beneficiary industries.
- PAMB may impose fees like water users fees on commercial extractors.
- Fund deposited in National Treasury, disbursed only for CCPL projects excluding personal services.
- LGUs continue to collect traditional fees except property tax on timberland.
- LGUs may charge fee add-ons based on their contribution to CCPL.
Appropriations and Reporting
- DENR Secretary to include CCPL in agency programs with funding in annual General Appropriations Act.
- PASu and PAMB must submit annual accomplishment reports to DENR Secretary.
Construction, Suppletory Application of Laws and Transitory Provisions
- Act construed liberally in favor of biodiversity and watershed protection.
- NIPAS Act and forestry laws serve as supplementary laws.
- DENR ceases issuing new permits for resources exploitation within CCPL until management plan effectivity.
- Existing permits reviewed and not renewed unless consistent with management plan.
- Buffer zones and special-use zones established with management consistent with prior proclamations.
Separability and Repealing Clauses
- Unconstitutional parts of the Act severable; remaining provisions remain effective.
- Laws inconsistent with this Act repealed or modified.
Effectivity
- Act takes effect 15 days after publication in the Official Gazette or national newspaper distributed in CCPL area.