Expanded NIPAS Act of 2018 - Protected Areas

Law Summary

Definitions of Key Terms

Defines critical terms applicable to protected areas: biodiversity, bioprospecting, buffer zones, collecting, conveyance, delineation, demarcation, ecosystem goods and services, endemic and exotic species, exploration, gear, genetically modified organism, hunting, indigenous peoples, Integrated Protected Area Fund (IPAF), invasive alien species, kaingin (slash-and-burn), multiple-use zones, national park, natural monument, poaching, protected species, quarrying, resource reserve, special account, strict nature reserve, tenured migrants, threatened species, wetlands, wildlife, wildlife sanctuary, among others.
Terms clarify the scope of activities, legal status, and restrictions within protected areas.

Establishment and Extent of the System

Includes all pre-existing protected areas proclaimed by law or executive orders as initial components.
Establishes additional protected areas through legislative enactment.
Requires technical delineation and demarcation with certified maps by NAMRIA.
DENR to assess remaining proposed components including maps, suitability, and public consultations.
Public access to DENR records and transparency in protected area management documents.
Presidential proclamations to establish new protected areas pending Congressional legislation.

Additional Areas for Inclusion

DENR may propose areas with unique features and high biodiversity for inclusion.
Similar procedural requirements as initial components apply.

Buffer Zones

DENR Secretary, via PAMB, may designate buffer zones for added protection.
Development in buffer zones with private landowners must consider management plans.

Management Plan

Every protected area is required to have a management plan within one year of establishment.
Management plans include zoning, habitat conservation, community development, scientific research, climate change adaptation, disaster risk reduction, and gender considerations.
Must harmonize with indigenous domain plans and local government comprehensive land use plans.

Administration and Management

NIPAS is under the control and administration of DENR through the Biodiversity Management Bureau.
DENR Secretary has powers to issue rules, set standards, appoint personnel, impose fees and penalties, enter agreements, handle funds, monitor infrastructure, and ensure proper settlement limits.

Protected Area Management Board (PAMB)

Created for each protected area within three months after the Act’s effectivity.
Composed of DENR Regional Director (Chair), local officials, legislators, barangay chairpersons, representatives from DA, NEDA, DOST, PNP, DND, NGOs, indigenous peoples, academe, and private sector.
Members serve during their terms or appointed for three years with possible reappointment.
Mandated to ensure at least 40% women members.
Grounds for removal include absenteeism, misconduct, criminal conviction.

Powers and Functions of PAMB

Oversees protected area management and approves plans, policies, programs, agreements.
Adopts operational manuals and recommends enforcement deputations.
Manages financial resources and funds, sets fees, issues conflict resolution rules.
Monitors performance of protected area personnel.
Recommends appointments for Protected Area Superintendent (PASU).

Protected Area Management Office (PAMO)

Headed by a Protected Area Superintendent (PASU) with adequate permanent staff.
PASU responsible for day-to-day management, plan preparation, enforcement of laws, and permit issuance.
Provides secretariat services to PAMB and operates a data management system.
Collects fees, monitors activities, and coordinates with other agencies.

Environmental Impact Assessment (EIA)

Development projects in protected areas with potential significant impact require an Environmental Compliance Certificate (ECC).
PAMB clearance is a prerequisite for ECC issuance.
Violations penalized under environmental laws.

Ancestral Domains and Customary Rights

Indigenous cultural communities (ICCs) and indigenous peoples (IPs) have recognized ancestral domains and customary rights.
They have the responsibility to conserve and govern their territories using indigenous practices.
Coordination mechanisms between indigenous leadership, NCIP, DENR, LGUs, and civil society are mandated.

Energy Resources

Exploration allowed only for data gathering with minimal environmental impact.
Nonrenewable energy development prohibited in strict nature reserves and natural parks.
Renewable energy projects allowed with PAMB and DENR concurrence, subject to EIA and reduced impact technologies.
Proponents must post bonds for rehabilitation.

Management of Areas by Other Government Agencies

Jurisdiction of protected areas under other agencies remains but DENR retains oversight and requires annual conservation reports.

Integrated Protected Area Fund (IPAF)

Trust fund for financing protected area projects and operations.
Revenues from fees, charges, contributions, and ecosystem service payments accrue to IPAF.
75% of revenues retained by PAMB for local use; 25% remitted to national treasury.
Prohibited from use for personal services.
Requires regular financial reporting to DBM, DOF, Congress.

Tax Exemption

Grants, donations, and contributions to protected area funds are exempt from donors’ tax and deductible for income tax purposes.

Special Prosecutors and Legal Counsel

DOJ appoints special prosecutors within 30 days to handle protected area violations.
PAMB may retain counsel to assist in prosecutions and defense of officials acting under the Act.

Prohibited Acts

Lists comprehensive actions prohibited within protected areas including poaching, hunting without permit, unauthorized timber cutting, destructive fishing gear, pollution, unpermitted motorized conveyance, boundary tampering, kaingin, vandalism, illegal occupation, unauthorized constructions, mineral extraction, introduction of exotic species, unpermitted bioprospecting, treasure hunting, land transactions violating tenurial rights, and construction within easements without EIA.

Penalties

Graduated fines and imprisonment depend on gravity of the violation:
- P200,000 to P1,000,000 or 1 to 6 years for certain offenses plus triple damages.
- P1,000,000 to P5,000,000 or 6 to 12 years for severe offenses.
Daily fines for detrimental existing facilities with possible cessation and demolition.
Administrative fines up to P5,000,000 by DENR Secretary.
Forfeiture of illegally taken resources and equipment.
Officers in associations held liable.
Public officers convicted face perpetual disqualification.

Existing Rights and Tenured Migrants

Existing private rights respected but harmonized with conservation objectives.
Contracts and permits reviewed and subject to rehabilitation requirements on expiration or non-renewal.
Tenured migrants eligible to become stewards within multiple-use zones.
Transfer and resettlement of tenured migrants to be done humanely.
DENR to issue guidelines for tenured migrant recognition.

Existing Facilities

Inventory required within 60 days.
Conditions may be imposed on facilities detrimental to protected areas.
Fees may be charged for continued operation.
Structures within 40-meter easements generally to be removed unless necessary for shoreline protection.

Special Uses Within Protected Areas

Allowed except in strict protection zones, subject to PAMB recommendation and ECC compliance.
Requires payment of user fees and posting of rehabilitation bonds.

Local Government Unit (LGU) Participation

LGUs participate in management via PAMB representation.
LGUs may allocate funds and collect traditional fees, exempt from IPAF remittance.
LGUs must align local plans with protected area objectives.
Officials held liable for failure to implement the Act.

Reporting Requirements

PASU to submit annual accomplishment reports.
Five-yearly reports on biological resources and ecosystem services to DENR Secretary.
BMB to prepare National State of Protected Areas report every five years for submission to President and Congress.

Appropriations and Implementation

DENR Secretary to include implementation funding in annual budget.
IRR to be prepared within six months of the Act’s effectivity.
Transitory provisions to cease issuance of new resource utilization permits pending management plan enforcement.

General Provisions

Severability clause protects other provisions if one part is invalidated.
Repealing clause revokes inconsistent laws and regulations.
Act takes effect fifteen days after publication.
Joint Congressional Oversight Committee created for monitoring implementation.
Emphasizes liberal interpretation favoring protection without diminishing local autonomy or indigenous rights.

This comprehensive summary covers the key aspects of the Expanded National Integrated Protected Areas System Act of 2018, addressing policy, scope, definitions, institutional structures, management, prohibitions, penalties, roles of stakeholders, and procedural requirements for protected areas in the Philippines.