Law Summary
Definitions
- Provides clear definitions for key terms including bioprospecting, commercial activities, DENR, exotic species, ICCs/IPs, natural park, NGO, non-renewable resources, PAMB, PASu, PO, protected species, and tenured migrants.
- Defines scope of terms in relation to management and conservation of MKNP.
Declaration and Scope
- Officially declares Mt. Kanla-on as a protected natural park under the NIPAS Act.
- Defines territorial boundaries covering specific cities and municipalities in Negros Occidental and Negros Oriental provinces.
- Details precise land area coverage of approximately 24,388 hectares.
Establishment of Buffer Zone
- Creates a buffer zone for geothermal energy and other exploration activities (169 hectares).
- Prohibits exploration or exploitation of geothermal energy within MKNP except by an act of Congress.
- Mandates permits for geothermal activities in compliance with environmental regulations.
- Requires contributions to the Integrated Protected Area Fund (IPAF) from geothermal project proponents.
- PAMB participation in environmental monitoring of geothermal projects.
Management and Local Government Units
- Vests management authority in the Protected Area Management Board (PAMB).
- Requires local government units (LGUs) to participate in management through PAMB representation.
- LGUs must align local environmental ordinances and funding with MKNP objectives and management plan.
Management Plan
- Mandates preparation of a long-term Management Plan with 30-year applicability and 5-year periodic reviews.
- Plan to include zoning, management programs, protection mechanisms for ICCs/IPs and migrants, regulations, and sustainable livelihood activities.
- Requires stakeholder involvement and multilingual availability.
- Plan must be reviewed and certified by DENR Secretary and cannot be arbitrarily modified.
Zoning
- Establishes zoning to prioritize ecological protection and conservation.
- Zoning accounts for community tenure and livelihood needs.
- Community participation essential in zoning and demarcation.
Institutional Mechanisms: PAMB Composition
- PAMB as the policy-making body composed of DENR officials, governors, mayors, barangay captains, NGO and PO representatives, ICC/IP representatives, and PNOC EDC.
- Allows formation of an Executive Committee for delegated functions.
- Sets terms of service, vacancy filling, and meeting requirements.
Powers and Duties of PAMB
- Authority to issue rules, permits, evaluate projects, adopt procedures, oversee PASu Office, deputize enforcers, manage funds, coordinate government agencies, and retain legal counsel.
- DENR oversight to ensure lawful PAMB operation.
Office of the Protected Area Superintendent (PASu)
- PASu heads the administrative and operational functions of MKNP.
- Duties include management plan preparation, secretariat support, staff supervision, community partnerships, public education, law enforcement, monitoring, and other PAMB-assigned tasks.
Ancestral Lands and Indigenous Peoples
- Recognizes indigenous peoples' rights to ancestral lands within MKNP subject to existing property rights.
- Customary laws govern resource use within ancestral domains.
- Ensures Act's provisions favor indigenous peoples without diminishing existing rights.
Tenured Migrants
- Defines tenured migrants as those occupying MKNP since June 1, 1987, dependent on it for subsistence.
- Grants tenurial instruments up to 3 hectares in multiple-use zones.
- Prohibits transfer or use of tenurial rights as collateral, except to direct descendants.
- Establishes conditions for rights revocation and area rehabilitation.
- Provides relocation to multiple-use zones or public lands for non-qualifying occupants.
Prohibited Acts and Penalties
- Enumerates prohibited activities including hunting, possession, logging, introduction of exotic species, kaingin, vandalism, pollution, unauthorized structures and entry, bioprospecting without permit, and treasure hunting.
- Imposes fines ranging from P5,000 to P1,000,000 and imprisonment from 6 months up to 20 years depending on severity and species involved.
- Provides for eviction, damage reparations, forfeiture of tools and resources, and deportation for foreign offenders.
- Permits PASu or deputies to arrest without warrant and seize illegal items.
- Penalizes public officers neglecting enforcement with fines, imprisonment, and disqualification from public office.
Special Prosecutors
- Department of Justice to appoint a special prosecutor to handle MKNP-related violations.
- Special prosecutor to coordinate with PAMB and PASu and assist training.
Integrated Protected Areas Fund (IPAF)
- Establishes IPAF as a trust fund for financing MKNP projects.
- Income sources include fees from permits, leases, contributions, and donations.
- Fund managed by PAMB and deposited in the national treasury.
- Funds used exclusively for protection, administration, and management, excluding operating expenses of government agencies.
- Allocates 25% of IPAF for national system support and 25% for local governments.
Existing Facilities
- Requires all commercial facilities with capitalization over P100,000 within MKNP to submit detailed operational and environmental impact reports.
- PAMB, with DENR, evaluates impact and may impose operational conditions.
- Non-compliance subject to fines and possible cessation and demolition.
- Facilities reliant on MKNP resources may pay fees benefiting IPAF.
Resource Utilization
- Permits tenured migrants and ICCs/IPs to use resources for domestic and subsistence needs.
- Allows livelihood activities using non-timber products with prior PAMB approval under the Management Plan.
- Prohibits commercial exploitation of non-renewable resources by others without approval.
- Commercial water resource use requires approval and compliance with Environmental Impact Statement System.
Appropriations and Implementation
- Funding for Act implementation charged against IPAF and annual General Appropriations Act.
- NIPAS Act serves as supplementary law.
Construction and Legal Provisions
- Act to be construed liberally favoring tenured migrants and indigenous peoples.
- Includes separability clause to preserve valid provisions if parts are invalidated.
- Provides for transitional arrangements for PAMB and PASu staff continuity.
- Requires preparation of implementing rules and regulations within three months.
- Repeals inconsistent laws and regulations.
Effectivity and Publication
- Act to be translated into English, Filipino, Cebuano, and Ilonggo.
- Requires publication in widely circulating newspapers and posting in public offices and frequented areas.
- Becomes effective 15 days after last posting and publication.