Definitions
- Bioprospecting: Research and utilization of biological/genetic resources for scientific or commercial purposes.
- Commercial: Market sale exceeding basic subsistence needs.
- Exotic Species: Species not native to the MKNP biogeographic region.
- ICCs/IPs: Indigenous cultural communities/indigenous peoples specifically Atis and Bukidnons in MKNP.
- Natural Park: A large area preserved for its natural and scenic values without extractive resource use.
- Non-Renewable Resources: Resources within MKNP without known natural replenishment rate.
- PAMB: Protected Area Management Board governing MKNP.
- PASu: Protected Area Superintendent, chief operating officer of MKNP.
- Tenured Migrant: Person continuously occupying land within MKNP for at least 5 years before its designation and dependent on it for subsistence.
Declaration and Boundaries
- Mt. Kanla-on declared a Natural Park under NIPAS Act.
- The law provides an extensive and specific geographical boundary description covering parts of Negros Occidental and Negros Oriental.
- Total area of approximately 24,388 hectares.
Buffer Zone Establishment
- A 169-hectare buffer zone is established primarily for geothermal energy exploration and other activities.
- Geothermal projects require legislative approval and adherence to environmental and forestry laws.
- Areas not directly used for geothermal purposes remain under PAMB jurisdiction.
- Geothermal project proponents must contribute to the Integrated Protected Area Fund (IPAF).
- PAMB participates in monitoring geothermal operations per environmental laws.
Management and Planning
- MKNP management vested in PAMB, ensuring consultative, participatory management.
- Local governments participate through representation; environmental ordinances must align with MKNP goals and plans.
- Management Plan:
- Long-term framework (30 years with 5-year reviews) guiding all activities within MKNP.
- Includes zoning, enforcement, habitat management, livelihood regulation, and protection of ICCs/IPs and tenured migrants.
- PASu responsible for preparing the plan.
- Plan must be certified by DENR and made publicly accessible in multiple languages.
Zoning
- Zoning prioritizes conservation, protection of habitats, and tenurial considerations.
- Zones demarcated with community and stakeholder participation using GIS and modern tech.
Institutional Mechanisms
- PAMB:
- Policy-making body composed of DENR, governors, mayors, barangay captains, NGOs, POs, ICC/IP representatives, and PNOC EDC representative.
- Executive Committee (Execom) manages delegated powers.
- Terms for non-government members are generally 5 years or coterminous with projects.
- Meetings held regularly with reimbursement of expenses from MKNP budget.
PAMB Functions
- Enact rules and regulations.
- Issue permits consistent with the Management Plan.
- Recommend fees, approve projects, adopt procedures, accept donations.
- Deputize individuals for enforcement.
- Coordinate with other agencies.
- Retain legal counsel for legal defense.
- DENR ensures PAMB acts within its powers and resolves conflicts.
Protected Area Superintendent (PASu)
- PASu serves as chief operating officer accountable to PAMB and DENR.
- Prepares Management Plan.
- Heads PAMB Secretariat.
- Supervises personnel.
- Fosters community partnerships.
- Develops information and visitor programs.
- Enforces laws and monitors compliance.
Ancestral Lands and Tenured Migrants
- ICCs/IPs' rights to ancestral lands recognized, respecting customary laws and existing property rights.
- Rights construed liberally in favor of ICCs/IPs and consistent with conservation.
- Tenured migrants continuously occupying MKNP before June 1, 1987, and dependent on it qualify for limited tenurial instruments up to 3 hectares within multiple-use zones.
- Transfer of tenurial rights restricted to direct descendants.
- Violations or abandonment may lead to revocation with area rehabilitation.
- Non-qualifying occupants to be relocated with priority in government programs.
Prohibited Acts and Penalties
- Hunting, collecting, possessing protected flora/fauna without permits; illegal logging; introduction of exotic harmful species; kaingin (slash-and-burn) practices are prohibited.
- Violations of Management Plan, vandalism, pollution, unauthorized motorized equipment use, illegal building, trespassing, bioprospecting without PAMB permit, and treasure hunting also prohibited.
- Penalties include fines P5,000 to P500,000 and imprisonment 6 months to 12 years based on offense.
- More severe penalties (12 to 20 years imprisonment, P500,000 to P1,000,000 fines) apply if protected species are involved.
- Offender equipment and caught resources forfeit, and offenders may be deported if foreign nationals.
- PASu and deputies granted authority to arrest without warrant and confiscate; DENR may impose administrative fines.
- Public officials who neglect duty to prosecute violators face fines, imprisonment, and perpetual disqualification.
Special Prosecutors
- DOJ to designate a special prosecutor for MKNP violation cases within 30 days.
- Special prosecutor to coordinate with PAMB and PASu and assist in training enforcement personnel.
Integrated Protected Areas Fund (IPAF)
- Trust fund for financing MKNP projects.
- Funded by fees from resource use, leases, contributions from benefiting industries, and donations.
- Managed by PAMB, deposited in the national treasury.
- Utilized solely for MKNP protection, maintenance, and approved projects.
- 25% allocated for national NIPAS support; 25% allocated to LGUs in MKNP.
- Local government revenue streams excluded from IPAF.
Existing Facilities
- Commercial facilities with capitalization over P100,000 must submit detailed operational info to PAMB.
- PAMB with DENR assess environmental impact, may impose operational conditions.
- Violations subject to fines up to P500,000; facilities may be ordered demolished at owners’ cost.
- Facilities reliant on MKNP resources may be charged fees, revenues to IPAF.
Utilization of Resources
- Subsistence use of MKNP resources by ICCs/IPs and tenured migrants allowed except for protected species or ecosystem threat.
- Livelihood activities only allowed if sustainable and PAMB-approved.
- Only non-timber products for livelihood use.
- Commercial exploitation of resources prohibited unless PAMB-approved and compliant with environmental laws.
- Commercial water resource use requires PAMB approval and EIS compliance.
Appropriations and Legal Provisions
- DENR Secretary to include MKNP implementation in the department program funded by IPAF and General Appropriations Act.
- Act to be liberally interpreted in favor of ICCs/IPs and tenured migrants.
- NIPAS Act serves as supplementary law.
- Any unconstitutional provision does not affect the rest of the Act.
- Incumbent PAMB continues until new PAMB is convened within 3 months.
- Implementing rules and regulations to be prepared within 3 months by DENR in coordination with stakeholders.
- All inconsistent laws repealed or modified.
- Act to be translated and published in multiple languages, effective 15 days after last publication and posting.