Title
Cave management and protection Act
Law
Republic Act No. 9072
Decision Date
Apr 8, 2001
The National Caves and Cave Resources Management and Protection Act mandates the conservation and management of caves and their resources, designating the Department of Environment and Natural Resources as the lead agency to enforce regulations, issue permits, and impose penalties for violations to protect these significant natural assets.

Declaration of Policy

  • State policy to conserve, protect, and manage caves and cave resources as natural wealth.
  • Promote cooperation and information exchange between government and cave users for scientific, educational, recreational, tourism, and other purposes.

Definition of Key Terms

  • "Cave": Naturally occurring voids or passages accessible to individuals, excluding man-made tunnels.
  • "Cave resources": Naturally occurring materials in caves, including flora, fauna, archaeological and paleontological deposits, cultural artifacts, sediments, minerals, speleogems, and speleothems.
  • "Secretary": Secretary of the Department of Environment and Natural Resources (DENR).
  • "Speleogem": Relief features of cave rock surfaces such as scallops or niches.
  • "Speleothem": Natural mineral formations like stalactites and stalagmites.
  • "Significant cave": Caves possessing archaeological, cultural, ecological, historical, or scientific value as determined by DENR.

Implementing Agency

  • DENR as lead implementing agency in coordination with the Department of Tourism, National Museum, National Historical Institute, and local government units.
  • In Palawan, the Palawan Council for Sustainable Development leads implementation.

Powers and Functions of the DENR

  • Develop and implement national management and conservation programs for caves.
  • Disseminate information and conduct educational campaigns on cave conservation.
  • Issue permits for collection/removal of guano and other cave resources, subject to conditions and bond posting.
  • Prohibit issuance of permits for removal of stalactites/stalagmites if it harms significant caves.
  • Coordination with other government agencies and NGOs for cave management.
  • Enter into agreements with local government units for cave preservation.
  • Exercise necessary powers to implement the Act.

Confidentiality of Information on Significant Caves

  • Location and nature of potentially significant caves withheld from public for one year after discovery.
  • DENR, with consultations, assesses the cave's value during this period.
  • Disclosure allowed upon written request and Secretary’s approval, ensuring protection from harm or vandalism.

Prohibited Acts

  • Destruction, alteration, or removal of speleogems and speleothems.
  • Interference with cave fauna and flora movement.
  • Unauthorized collection, possession, sale, barter, or exchange of cave resources.
  • Counseling or soliciting others to violate prohibitions.

Penalties

  • Imprisonment of 2 to 6 years or fines ranging from PHP 20,000 to PHP 500,000, or both, for violations.
  • Stricter penalties for financiers: imprisonment of 6 years and 1 day to 8 years or fines from PHP 500,000 to PHP 1,000,000.
  • Restoration or compensation required if damage occurs.
  • Government employees offending to be removed from office.

Administrative Confiscation

  • Cave resources and related conveyances/equipment used unlawfully shall be confiscated in favor of the government.

Fees and Funds

  • Fees collected from permits, bond forfeitures, and fines to be remitted to the National Treasury.

Implementing Rules and Regulations

  • DENR to issue necessary implementing rules within six months from the law's effectivity.

Appropriations

  • Funding to be provided in the General Appropriations Act starting the year following enactment.

Separability Clause

  • Invalidity of any provision does not affect the other provisions which remain effective.

Repealing Clause

  • Modifies Presidential Decree No. 1726-A regarding treasure hunting in caves.
  • Repeals or amends inconsistent laws except Presidential Decree No. 412 and Republic Act No. 4846.

Effectivity

  • The law takes effect 15 days after publication in two national newspapers of general circulation.

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