Policy and purpose; NIPAS created
- The State declares a policy to secure for the Filipino people of present and future generations the perpetual existence of all native plants and animals.
- The State establishes a policy of protecting natural biological and physical diversities through a comprehensive system of integrated protected areas within the classification of national park under the Constitution.
- The Act establishes the National Integrated Protected Areas System (NIPAS) to preserve ecological values through a holistic plan.
- The Act recognizes that effective administration requires cooperation among national government, local government, and concerned private organizations.
- The Act requires that use and enjoyment of protected areas must be consistent with principles of biological diversity and sustainable development.
- The NIPAS encompasses outstandingly remarkable areas and biologically important public lands that are habitats of rare and endangered plants and animals, biogeographic zones, and related ecosystems, whether terrestrial, wetland, or marine, all designated as “protected areas.”
Categories of protected areas
- The Act establishes these protected-area categories:
- Strict nature reserve
- Natural park
- Natural monument
- Wildlife sanctuary
- Protected landscapes and seascapes
- Resource reserve
- Natural biotic areas
- The Act also allows other categories established by law, conventions or international agreements to which the Philippine Government is a signatory.
- Each category is defined through the terms in Section 4 (including strictness, permissible uses, and conservation focus).
Core definitions under the Act
- The Act defines “National Integrated Protected Areas Systems (NIPAS)” as the classification and administration of all designated protected areas to maintain essential ecological processes and life-support systems, preserve genetic diversity, ensure sustainable use of resources found therein, and maintain natural conditions to the greatest extent possible.
- The Act defines “Protected area” as identified portions of land and water set aside due to unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation.
- The Act defines “Buffer zones” as identified areas outside boundaries of and immediately adjacent to designated protected areas under Section 8 that require special development control to avoid or minimize harm.
- The Act defines “Indigenous cultural community” as a group with common bonds of language, customs, traditions, and other distinctive cultural traits, who have since time immemorial occupied, possessed, and utilized a territory.
- The Act defines “National park” as a forest reservation of natural wilderness character withdrawn from settlement, occupancy, or exploitation except in conformity with an approved management plan, set aside to conserve the area and preserve scenery, natural and historic objects, wild animals and plants, and to provide enjoyment of these features.
- The Act defines “Natural monument” as a relatively small area focused on protection of small features to protect nationally significant natural features due to special interest or unique characteristics.
- The Act defines “Natural biotic area” as an area set aside to allow the way of life of societies living in harmony with the environment to adapt to modern technology at their pace.
- The Act defines “Natural park” as a relatively large area not materially altered by human activity where extractive resource uses are not allowed, maintained to protect outstanding natural and scenic areas for scientific, educational, and recreational use.
- The Act defines “Protected landscapes/seascapes” as areas of national significance characterized by the harmonious interaction of man and land, providing opportunities for public enjoyment through recreation and tourism within normal lifestyle and economic activity.
- The Act defines “Resource reserve” as an extensive, relatively isolated, and uninhabited area with difficult access designated to protect natural resources for future use and prevent or contain development activities that could affect the resource pending objectives based on planning and knowledge.
- The Act defines “Strict nature reserve” as an area with outstanding ecosystems, features, and/or species of flora and fauna of national scientific importance, maintained to protect nature and keep an undisturbed state for scientific study, environmental monitoring, education, and maintenance of genetic resources in a dynamic and evolutionary state.
- The Act defines “Tenured migrant communities” as communities within protected areas that have actually and continuously occupied such areas for five (5) years before the designation as protected areas under the Act and are solely dependent therein for subsistence.
- The Act defines “Wildlife sanctuary” as an area that assures natural conditions necessary to protect nationally significant species, groups of species, biotic communities, or physical features of the environment, including where specific human manipulation may be required for perpetuation.
Establishment, initial components, and timelines
- The NIPAS is established through designation and operationalization of areas and includes initial components under this Act.
- All areas or islands in the Philippines proclaimed, designated, or set aside under a law, presidential decree, presidential proclamation, or executive order as national park, game refuge, bird and wildlife sanctuary, wilderness area, strict nature reserve, watershed, mangrove reserve, fish sanctuary, natural and historical landmark, and protected and managed landscape/seascape, and identified virgin forests before the effectivity of this Act, are designated as initial components of the System.
- The initial components are governed by existing laws, rules, and regulations not inconsistent with this Act.
- Within one (1) year from the effectivity of the Act, the DENR must submit to the Senate and House of Representatives a map and legal description or natural boundaries of each protected area initially comprising the System, and these constitute the official documentary representation of the entire System, subject to changes Congress deems necessary.
- The DENR must make available to the public all DENR records pertaining to said protected areas, including maps and legal descriptions or natural boundaries, copies of rules and regulations, copies of public notices, and reports submitted to Congress on pending additions, eliminations, or modifications.
- Within three (3) years from the effectivity of the Act, the DENR must study and review each area tentatively composing the System for suitability or nonsuitability for preservation and inclusion, and must report findings to the President as each study is completed.
- Each area study must include:
- A forest occupants survey
- An ethnographic study
- A protected area resource profile
- Land use plans coordinated with the respective Regional Development Councils
- Such other background studies sufficient for selection
- The DENR must notify the public of proposed action through publication in a newspaper of general circulation and such other means as it deems necessary in the vicinity, thirty (30) days prior to the public hearing.
- The DENR must conduct public hearings at locations nearest to the affected area.
- At least thirty (30) days prior to the hearing date, the DENR must advise affected LGUs, national agencies concerned, people's organizations, and NGOs and invite submissions not later than thirty (30) days following the hearing date, and must give due consideration to recommendations and provide sufficient explanation for recommendations contrary to general sentiments expressed in the public hearing.
- Upon receipt of DENR recommendations, the President must issue a presidential proclamation designating recommended areas as protected areas and providing protection measures until Congress enacts a law finally declaring the areas as part of the integrated protected area systems.
- After review completion, the President must send to the Senate and House recommendations regarding designation or reclassification, together with maps and legal descriptions.
- The President may recommend alteration of existing boundaries, addition of contiguous areas of predominant physical and biological value, and may propose additional areas not previously designated, proclaimed, or set aside as protected areas by law, decree, proclamation, or executive order.
Expansion, disestablishment, and buffer zones
- The Secretary must propose inclusion of additional areas with outstanding physical features, anthropological significance, and biological diversity, consistent with Section 5(d) procedures.
- When, in the opinion of the DENR, a protected area should be withdrawn or disestablished, or its boundaries modified as warranted by a study and sanctioned by the majority of the members of the respective boards under Section 11, the DENR must advise Congress.
- Disestablishment or boundary modification takes effect only pursuant to an act of Congress.
- After disestablishment by Congress, the area reverts to the category of public forest, unless Congress otherwise classifies it.
- After disestablishment by Congress, the Secretary may recommend transfer of the disestablished area to other government agencies to serve other priority programs of national interest.
- For each protected area, peripheral buffer zones must be established when necessary through the same manner Congress establishes the protected area.
- Buffer zones must be included in the individual protected area management plan and fall under the DENR’s authority when designated as buffer zones.
Planning and management; administration structure
- A general management planning strategy must guide formulation of individual plans for each protected area.
- The general strategy must promote adoption and implementation of innovative management techniques, including, if necessary:
- zoning
- buffer zone management for multiple use and protection
- habitat conservation and rehabilitation
- diversity management
- community organizing
- socioeconomic and scientific researches
- site-specific policy development
- pest management
- fire control
- The general strategy must provide guidelines for protection of:
- indigenous cultural communities
- other tenured migrant communities
- sites requiring such protection
- The general strategy must provide for close coordination among local agencies of government and the private sector.
- Each component area must be planned and administered to further protect and enhance permanent preservation of natural conditions.
- A management manual must be formulated and developed and must contain:
- an individual management plan prepared by three (3) experts
- basic background information
- a field inventory of resources within the area
- an assessment of assets and limitations
- regional interrelationships
- particular objectives for managing the area
- appropriate division into management zones
- a review of the area boundaries
- a design of management programs
- NIPAS is placed under the control and administration of the Department of Environment and Natural Resources (DENR).
- In regional offices where protected areas exist, a division called the Protected Areas and Wildlife Division must be created, under the supervision of a Regional Technical Director.
- The Protected Areas and Wildlife Division must include subordinate officers, clerks, and employees as proposed by the Secretary and approved by the Department of Budget and Management, and appropriated by Congress.
- The DENR service must manage protected areas and promote permanent preservation of natural conditions to the greatest extent possible.
DENR powers; management board; EIA
The DENR Secretary is empowered to conduct studies, classify and define protected areas into categories, and prescribe permissible or prohibited human activities in each category.
The DENR Secretary may adopt and enforce a land-use scheme and zoning plan in adjoining areas to preserve ecological balance by controlling threatening activities.
The DENR Secretary must prepare and review plans and proposals for management of protected areas.
The DENR Secretary must promulgate rules and regulations necessary to carry out the Act.
The DENR Secretary may deputize field officers and delegate powers to expedite implementation and enforcement.
The DENR Secretary may fix and prescribe reasonable NIPAS fees collected from government agencies or any person, firm, or corporation deriving benefits from protected areas.
The DENR Secretary may exact administrative fees and fines authorized by Section 21 for violations of guidelines, rules, and regulations that endanger protected-area viability.
The DENR Secretary may enter into contracts and/or agreements with private entities or public agencies necessary to carry out Act purposes.
The DENR Secretary may accept, in the name of the Philippine Government and on behalf of NIPAS, funds, gifts, bequests, or other property for immediate disbursement or to support NIPAS activities, initiatives, or services.
The DENR Secretary may call on government agencies, academic institutions, NGOs, and the private sector necessary to accomplish System objectives.
The DENR Secretary must submit an annual report to the President and Congress on the status of protected areas.
The DENR Secretary must establish a uniform marker for the System, including an appropriate and distinctive symbol for each category, in consultation with relevant agencies and public/private organizations.
The DENR Secretary must determine specifications for classes, types, and styles of buildings and structures in protected areas and the materials to be used.
The DENR Secretary must control construction, operation, and maintenance of roads, trails, waterworks, sewerage, fire protection, sanitation systems, and other public utilities within protected areas.
The DENR Secretary must control occupancy of suitable portions of protected areas and resettle forest occupants outside the area, except members of indigenous communities.
The DENR Secretary may perform other functions directed by the President and acts necessary or incidental to accomplishing purposes and objectives.
A Protected Area Management Board must be created for each established protected area.
The Board’s composition includes:
- the Regional Executive Director under whose jurisdiction the protected area lies
- one (1) representative from the autonomous regional government, if applicable
- the Provincial Development Officer
- one (1) representative from the municipal government
- one (1) representative from each barangay covering the protected area
- one (1) representative from each tribal community, if applicable
- at least three (3) representatives from NGOs/local community organizations
- and, if necessary, one (1) representative from other departments or national government agencies involved in protected area management
The Board must decide, by majority vote, allocations for budget, approve proposals for funding, and decide matters relating to planning, peripheral protection, and general administration in accordance with the general management strategy.
Board members serve a term of five (5) years without compensation, except actual and necessary traveling and subsistence expenses.
The Secretary of the DENR appoints members through:
- local-government representatives designated by LGU heads, with the Provincial Development Officer serving ex officio
- NGO representatives endorsed by heads of organizations preferably based in the area or with recognized protected-area interest
- REDs in the region/s sitting as ex officio members and advisers on technical management aspects
The RED acts as chairman; if two (2) or more REDs sit, the Secretary designates one (1) as chairman; vacancies are filled the same way as original appointments.
Proposals for activities outside the scope of the management plan must undergo an Environmental Impact Assessment as required by law before adoption, and EIA results must be considered in decision-making.
No actual implementation is allowed without the required Environmental Compliance Certificate (ECC) under the Philippine Environment Impact Assessment (EIA) system.
When allowed, proponent activities must be planned and carried out to minimize adverse effects and include preventive and remedial actions when appropriate.
The proponent must be liable for any damage due to lack of caution or indiscretion.
Indigenous lands; energy surveys; inter-agency jurisdiction
Ancestral lands and customary rights and interest arising must be accorded due recognition.
The DENR must prescribe rules and regulations to govern ancestral lands within protected areas.
The DENR has no power to evict indigenous communities from present occupancy nor resettle them to another area without their consent.
All rules and regulations, whether adversely affecting indigenous communities or not, must be subjected to notice and hearing participated in by members of the concerned indigenous community.
Protected areas may be subjected to exploration for the purpose of gathering information on energy resources only when carried out with the least damage to surrounding areas.
Exploration is permitted only for protected areas except strict nature reserves and natural parks.
Surveys must be conducted only in accordance with a program approved by the DENR.
Survey results must be made available to the public and submitted to the President for recommendation to Congress.
Exploitation and utilization of energy resources found within NIPAS areas are allowed only through a law passed by Congress.
If protected areas or portions thereof are under jurisdiction of government instrumentalities other than the DENR, that jurisdiction must remain with that department or instrumentality upon effectivity of the Act.
The department or government instrumentality exercising administrative jurisdiction must coordinate with DENR in preparing management plans upon the Act’s effectivity.
Integrated Protected Areas Fund; reporting; officers; prosecutors
An Integrated Protected Areas (IPAS) Fund is established as a trust fund for financing projects of the System.
The IPAS Fund may solicit and receive donations, endowments, and grants in contributions form.
Endowments for the Fund are exempt from income or gift taxes and all other taxes, charges, or fees imposed by the Government or any political subdivision or instrumentality.
All incomes generated from operation of the System or management of wild flora and fauna must accrue to the Fund.
Incomes from protected-area operation must be utilized directly by DENR for the Act’s purposes.
Fund income must be derived from:
- taxes from permitted sale and export of flora and fauna and other resources from protected areas
- proceeds from lease of multiple-use areas
- contributions from industries and facilities directly benefiting from the protected area
- other fees and incomes derived from operation of the protected area
Fund disbursements must be made solely for protection, maintenance, administration, and management of the System, and for duly approved projects endorsed by PAMBs, in amounts authorized by DENR.
At the opening of each session of Congress, the DENR must report to the President for transmission to Congress on the status of the System, regulation in force, other pertinent information, and recommendations.
Officials, technical personnel, and forest guards employed in the integrated protected area service, and persons deputized by DENR upon recommendation of the Management Board, are considered field officers.
Field officers may investigate and search premises and buildings and make arrests in accordance with rules on criminal procedure for violations of laws and regulations relating to protected areas.
Persons arrested must be brought to the nearest police precinct for investigation.
Regular law enforcers and police officers are not prevented from arresting persons in the act of violating protected-area laws and regulations.
The Department of Justice must designate special prosecutors to prosecute violations of laws, rules, and regulations in protected areas.
Prohibited acts within protected areas
- Unless allowed by a protected-area category and pursuant to rules and regulations governing such allowance, the Act prohibits the following within protected areas:
- hunting, destroying, disturbing, or mere possession of any plants or animals or products derived therefrom without a permit from the Management Board
- dumping waste products detrimental to the protected area, plants and animals, or inhabitants therein
- using motorized equipment without a permit from the Management Board
- mutilating, defacing, or destroying objects of natural beauty, or objects of interest to cultural communities of scenic value
- damaging and leaving roads and trails in a damaged condition
- squatting, mineral locating, or otherwise occupying any land
- constructing or maintaining any kind of structure, fence, or enclosures, conducting any business enterprise without a permit
- leaving refuse or debris exposed or in unsanitary conditions, or depositing in ground or in bodies of water
- altering, removing, destroying, or defacing boundary marks or signs
Penalties and administrative consequences
- Any person who violates this Act, violates rules and regulations issued pursuant to it, or is found guilty by a competent court of justice of offenses in the prohibited acts section must be punished by:
- a fine of not less than PHP 5,000 nor more than PHP 500,000 (exclusive of the value of the thing damaged); and/or
- imprisonment of not less than one (1) year but not more than six (6) years; or both, as determined by the court.
- If the area requires rehabilitation or restoration as determined by the court, the offender must also restore or compensate for restoration of the damage.
- The court must order eviction of the offender from the land.
- The court must order forfeiture in favor of the Government of all minerals, timber, or any species collected or removed, including all equipment, devices, and firearms used in connection therewith, and any construction or improvement made thereon by the offender.
- If the offender is an association or corporation, the president or manager is directly responsible for acts of employees and laborers.
- The DENR may impose administrative fines and penalties consistent with the Act.
Separability and repealing; effectivity
- Section 22 provides that if any part or section of the Act is declared unconstitutional, the declaration does not affect other parts or sections.
- Section 23 provides that all laws, presidential decrees, executive orders, rules and regulations inconsistent with any provision of the Act are deemed repealed or modified accordingly.
- Section 24 provides effectivity fifteen (15) days after complete publication in two (2) newspapers of general circulation.