Title
Mt. Kanla-on Natural Park Protection Act
Law
Republic Act No. 9154
Decision Date
Aug 11, 2001
Republic Act No. 9154, the Mt. Kanla-on Natural Park (MKNP) Act of 2001, is a comprehensive law that aims to protect and conserve the biological resources, cultural heritage, and way of life of the communities within Mt. Kanla-on, promoting sustainable development and adherence to conservation laws and conventions.

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.

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