Title
Establishing Central Cebu Protected Landscape
Law
Republic Act No. 9486
Decision Date
Jun 7, 2007
Republic Act No. 9486 establishes the Central Cebu Protected Landscape, consolidating multiple watershed reserves and national parks into a protected area to ensure the conservation and sustainable development of its vital ecosystems and cultural heritage.
A

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.

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