Naga-Kabasalan Protected Landscape Act

Policy and declared purposes

The State declares policy to secure for Filipinos in the present and future generations the perpetual existence of all native plants and animals by declaring protected areas under NIPAS, specifically within the classification of national park under the Constitution (Section 2).
The Act recognizes the biological resource richness and the aesthetic and ecological importance of native and distinct flora and fauna in Naga and Kabasalan, including the Tipan and Busyawan Watersheds (Section 2).
The State commits to ensure conservation, protection, management and rehabilitation of the protected area (Section 2).
The Act requires that effective administration be carried out through cooperation among the national government, LGUs, concerned NGOs, private entities, and local communities (Section 2).
The Act requires that use and enjoyment of the area be consistent with biological diversity and sustainable development, supported by full implementation of the Act, mobilization of resources, and scientific and technical support for biodiversity and ecosystem integrity (Section 2).

Key definitions and scope

“Buffer zones” are identified areas outside the boundaries of, and immediately adjacent to, designated protected areas that require special development control to avoid or minimize harm to the protected area (Section 3).
“Conservation” covers preservation and sustainable utilization of wildlife or maintenance, restoration, and enhancement of habitats (Section 3).
“Indigenous cultural communities (ICCs)/Indigenous peoples (IPs)” are groups sharing common bonds of language, customs, traditions, and distinctive cultural traits who, since time immemorial, have occupied, possessed, and utilized a territory (Section 3).
“National park” means land of the public domain classified as such in the Constitution, including areas under NIPAS, primarily designated for conservation of native plants and animals, their associated habitats, and cultural diversity (Section 3).
“Protected area” means an identified portion of land and water set aside due to unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation (Section 3).
“Protected landscape” means an area of national significance characterized by harmonious interaction of human, land, and water while providing opportunities for public enjoyment through recreation, tourism, and other economic activities (Section 3).
“Tenured migrants” are protected area occupants actually, continuously, and presently occupying a portion of the protected area for five (5) years before the proclamation or law establishing it as a protected area and are solely dependent therein for subsistence (Section 3).
The NKPL is declared a protected area with the category of protected landscape and is referred to as the Naga-Kabasalan Protected Landscape (NKPL) (Section 2).
The NKPL is a parcel of land of the public domain located in the municipalities of Naga and Kabasalan, Province of Zamboanga Sibugay, covering the Tipan and Busyawan Watersheds (Section 4).
All lands of the public domain within the coverage and scope of the NKPL fall under the classification of national park under Article XII, Section 3 of the Constitution (Section 4).

Geographic coverage and boundaries

The NKPL boundaries are described by a specific geodetic boundary description beginning at point “1” on the map in Barangay Santa Clara, Municipality of Naga, Province of Zamboanga Sibugay, with coordinates 07-50-35.33894 Latitude and 122-43-4.49351 Longitude (Section 5).
The boundary description proceeds through corners 2 to 47, returning to point “1”, using the stated bearings and distances for each corner (Section 5).
The NKPL comprises an area of five thousand five hundred five and 45/100 (5,505.45) hectares, more or less (Section 5).

Buffer zone designation rules

The DENR Secretary, upon recommendation of the PAMB, may designate areas surrounding the NKPL as buffer zones to provide an extra layer of protection where restrictions may be applied (Section 6).
Where a designated buffer zone covers private lands, owners must design their development with due consideration to the protected area management plan (Section 6).

Management structure and operations

The Protected Area Management Board (PAMB) must be created within ninety (90) days from the effectivity of the Act to oversee management of the NKPL (Section 7).
The PAMB Chairperson is the DENR Regional Executive Director for Region IX (Section 7).
The PAMB includes the Governor of Zamboanga Sibugay (or duly authorized representative); Senators who are registered residents of Zamboanga Sibugay (or designated representatives) unless they decline; and the District Representative of the congressional district where the NKPL is located (or designated representative) unless the representative declines (Section 7).
The PAMB includes the Mayors of Naga and Kabasalan (or authorized representatives) and the Chairpersons of all barangays with territorial jurisdiction over the NKPL (Section 7).
The PAMB includes Regional Directors of DA, NEDA, DOST, PNP, DND, and DOT (Section 7).
The PAMB includes three (3) representatives from NGOs or POs based in Zamboanga Sibugay, accredited by DENR and the provincial government, which must have existed for at least five (5) years and have a record of protected area management accomplishments (Section 7).
The PAMB includes at least one (1) but not more than three (3) representatives from all ICCs/IPs present in the area and recognized by NCIP (Section 7).
The PAMB includes one (1) representative from an academic institution, preferably in the Province of Zamboanga Sibugay, with a record of accomplishments in or related to protected area management (Section 7).
The PAMB includes one (1) representative from the private sector, preferably a resident of Zamboanga Sibugay, distinguished in a profession or field relevant to protected area management (Section 7).
Member terms and grounds for removal follow Republic Act No. 7586 (National Integrated Protected Areas System Act of 1992), as amended by Republic Act No. 11038 (Expanded National Integrated Protected Areas System Act of 2018) (Section 7).
The PAMB must: oversee NKPL management; approve policies, plans, programs, proposals, agreements, and related documents; approve the management plan and ensure harmonization/integration with the Ancestral Domain Sustainable Development and Protection Plan, land use plan, and other development plans and their implementation; adopt a manual of operations with rules of procedure and committees with terms of reference; recommend deputation of agencies and individuals for enforcement; allocate financial resources and manage the Protected Area Retention Income Account and other funds under government accounting, budgeting, and auditing rules; set fees and charges under existing guidelines; issue conflict-resolution rules; recommend policy changes to DENR and other authorities; monitor and assess performance of the Protected Area Superintendent (PASu) and compliance of partners with undertakings/contracts/agreements; recommend the PASu from a shortlist of qualified candidates; and assess effectiveness of protected area management (Section 8).
PAMB LGU and national agency representatives must inform their respective constituents, offices, or sectors of PAMB-approved or other relevant policies, rules, regulations, programs, and projects and ensure compliance by using them as a reference and framework in their own plans, policies, programs, and projects (Section 8).
Failure by a member to comply with the information-and-compliance obligation is the basis for disciplinary action against that member under administrative rules and penalties the PAMB may provide (Section 8).
The DENR Regional Director must ensure the PAMB acts within the scope of its powers and functions (Section 8).
In case of conflict between PAMB resolutions and existing administrative orders of national application, the national administrative orders prevail (Section 8).
A Protected Area Management Office (PAMO) is established and headed by the PASu, who supervises the day-to-day management, protection, and administration of the NKPL (Section 9).
The PASu holds a permanent plantilla position and is appointed by the DENR Secretary (Section 9).
The DENR Secretary must also appoint a sufficient number of support staff with permanent plantilla positions to assist the PASu (Section 9).
The PASu is primarily accountable to the PAMB and the DENR for management and operations of the NKPL (Section 9).
The PASu must: prepare the management plan with stakeholders including the annual work and financial plan and ensure implementation; ensure integration of protected area management plans, programs, projects, and policies with relevant national and LGU plans and programs; provide secretariat services to the PAMB and its committees and ensure availability of relevant and timely information for decisions; formulate and recommend proposed policies/rules/regulations/programs to the PAMB; establish and maintain a database management system as a basis for decisions; enforce relevant laws/rules/regulations, commence and institute administrative and legal actions in collaboration with other agencies, and assist in prosecution of offenses violating the Act; monitor, evaluate, and report implementation of management activities; request and receive technical assistance/support/advice from government, academic institutions, NGOs, and the private sector as necessary; issue permits and clearances implementing the management plan and other permitted activities under PAMB-established terms/conditions/criteria; collect and receive pertinent fees, charges, donations, and other income for the protected area and report them regularly to the PAMB and DENR under existing guidelines; prepare and recommend the PAMB’s approval of the annual work and financial plans based on the management plan; and perform other functions assigned by the PAMB and DENR (Section 9).
Permits for extraction of natural resources, including collection of wildlife and its by-products or derivatives for research purposes continue to be issued by relevant authorities, but require prior clearance from the PAMB, through the PASu, in accordance with specific acts to be covered (Section 9).
The PAMO may be augmented by deputized local environment and natural resources officers upon PAMB recommendation and DENR approval (Section 9).

Protected area integrated fund rules

A trust fund named the Naga-Kabasalan Protected Landscape Integrated Protected Area Fund (NKPL-IPAF) is established for financing NKPL projects and the NIPAS (Section 10).
All income generated from operation and management of wild flora and fauna in the NKPL must accrue to the NKPL-IPAF (Section 10).
NKPL-IPAF income must be derived from: fees from permitted sale and export of flora and fauna and other resources; NKPL proceeds; lease of multiple-use areas; contributions from industries and facilities directly benefiting from the NKPL; and other fees and income derived from operation of the NKPL (Section 10).
The PAMB must retain seventy-five percent (75%) of all revenues raised under these means and deposit them to the Protected Area-Retained Income Account (PA-RIA) in any authorized government depository bank within the locality (Section 10).
Disbursements from PA-RIA deposits must be used solely for the protection, maintenance, administration, and management of the protected area and implementation of duly approved PAMB projects (Section 10).
The remaining twenty-five percent (25%) must be deposited as a special account in the general fund in the National Treasury for financing NIPAS projects (Section 10).
The fund may be augmented by grants, donations, and endowment from domestic or foreign sources (Section 10).
The fund augmented for this purpose must be deposited in full as a special account in the National Treasury, and disbursements must be made solely for protection, maintenance, administration, and management of the NIPAS and duly approved projects endorsed by the PAMB in accordance with accounting, budgeting, and auditing rules (Section 10).
The fund must not be used to cover personal services expenditures (Section 10).
LGUs must continue to impose taxes and collect all other fees not enumerated in the Act that they have traditionally collected, including fees for business permit applications, property taxes, and rental fees of LGU facilities (Section 10).

Implementation mechanics, IRR, and system links

The DENR Secretary must immediately include implementation of this Act in the DENR program, and funding must be included in the annual General Appropriations Act (Section 11).
The provisions of Republic Act No. 7586, as amended by Republic Act No. 11038, apply suppletorily to this Act (Section 12).
Within ninety (90) days from effectivity, the DENR Secretary must issue corresponding rules and regulations for effective implementation, in consultation with the local governments of the municipalities of Naga and Kabasalan, the Provincial Government of Zamboanga Sibugay, and concerned national government agencies (Section 13).

Separability and repeal

If any section or provision is held unconstitutional or invalid, the remaining sections or provisions not affected continue in full force and effect (Section 14).
All laws, decrees, executive orders, rules and regulations, issuances, or parts inconsistent with the Act are repealed or modified accordingly (Section 15).