Law Summary
Declaration of Policy
- Acknowledges the impact of human activities on the natural environment.
- Emphasizes the importance of protecting biological and physical diversity.
- Mandates securing the perpetual existence of native plants and animals.
- Establishes a comprehensive system of integrated protected areas.
- Recognizes the need for cooperation among national government, local government, and private sectors.
- Promotes sustainable development and biological diversity principles in usage of protected areas.
- Establishes the National Integrated Protected Areas System (NIPAS) covering biologically important public lands and ecosystems.
Categories of Protected Areas
- Strict nature reserve
- Natural park
- Natural monument
- Wildlife sanctuary
- Protected landscapes and seascapes
- Resource reserve
- Natural biotic areas
- Other categories by law or international agreements
Definition of Terms
- NIPAS: Classification and administration of protected areas to maintain ecological processes and genetic diversity.
- Protected area: Portions of land and water with unique physical and biological significance.
- Buffer zones: Areas adjacent to protected areas requiring special development control.
- Indigenous cultural community: Groups with historical ties and cultural traits occupying certain territories.
- Tenured migrant communities: Communities continuously occupying protected areas for at least five years before designation.
- Detailed definitions of national parks, natural monuments, strict nature reserves, wildlife sanctuaries, and others provided.
Establishment and Extent of the System
- Initial components are areas already proclaimed or designated by law or executive action.
- Within one year, DENR must submit maps and legal descriptions of protected areas to Congress.
- DENR records must be publicly accessible.
- A three-year review period to study suitability of areas for inclusion with public notifications and hearings.
- President issues proclamations designating protected areas based on DENR recommendations.
- Presidential recommendations for boundary changes or additions are submitted to Congress.
Additional Areas Integration
- Secretary of DENR may propose inclusion of additional areas with outstanding features for protection.
Disestablishment or Boundary Modification
- DENR may recommend withdrawal or modification of protected areas subject to studies and board majority approval.
- Disestablishment or boundary changes must be enacted by Congress.
- Disestablished lands revert to public forest unless otherwise classified.
- Secretary may recommend transfer to other agencies for national priority programs.
Buffer Zones
- Established when needed around protected areas to minimize harm.
- Included in management plans.
- DENR exercises authority over buffer zones.
Management Plans
- General management strategy to guide individual plans.
- Incorporates innovative management techniques including zoning, habitat conservation, socioeconomic research.
- Protects indigenous cultural communities and coordinates with local agencies and private sector.
- Each area to have a management manual containing detailed plans and assessments.
Administration and Management
- NIPAS under control of DENR.
- Creation of Protected Areas and Wildlife Division in DENR regional offices with adequate staffing.
- Secretary of DENR empowered to conduct studies, classify areas, enforce rules, devise land-use zoning, promulgate regulations, deputize officers, collect fees, enter contracts, accept donations, coordinate with stakeholders, report to President and Congress.
- Oversight on construction, occupancy, resettlement (except indigenous) within protected areas.
Protected Area Management Board (PAMB)
- Board for each protected area composed of DENR regional director, government representatives, tribal and local community reps, NGOs.
- Makes decisions on budget, planning, administration.
- Members serve 5-year terms without compensation except travel expenses.
- Secretary of DENR appoints members based on designations.
Environmental Impact Assessment
- Activities outside management plan require environmental impact assessment and Environmental Compliance Certificate.
- Proponents liable for damages from lack of caution.
Recognition of Ancestral Lands
- Ancestral lands and customary rights recognized.
- DENR to create rules governing ancestral lands within protected areas.
- Indigenous communities cannot be evicted or resettled without consent.
- Notification and hearing required for any regulation affecting indigenous communities.
Survey for Energy Resources
- Protected areas except strict nature reserves and natural parks may be subject to exploration for energy resource data gathering.
- Surveys must minimize damage and be DENR-approved.
- Results made public and submitted to President for Congress recommendation.
- Exploitation allowed only by law.
Protected Areas Under Other Government Entities
- Jurisdiction of other government instrumentalities prior to the Act remains.
- Coordination with DENR required for management plans.
Integrated Protected Areas Fund
- Trust fund established to finance System projects.
- Fund receives donations, grants, tax-exempt endowments.
- Income sources: taxes from permitted flora/fauna sales, lease proceeds, industry contributions.
- Fund used solely for protection, administration, maintenance of the System and approved projects.
Annual Report to Congress
- DENR to report annually to President for transmission to Congress on status, regulations, and recommendations.
Field Officers
- DENR officials and deputized persons have authority to investigate, search, and arrest for violations.
- Arrested persons must be brought to police precinct.
- Regular law enforcement officers retain authority to arrest violators.
Special Prosecutors
- Department of Justice to designate prosecutors for violations in protected areas.
Prohibited Acts Within Protected Areas
- Hunting, destroying, disturbing or possessing plants/animals without permit.
- Dumping harmful waste.
- Use of motorized equipment without permit.
- Defacing natural or cultural features.
- Damaging roads and trails.
- Squatting, mineral locating, unauthorized occupancy.
- Unauthorized construction or business activities.
- Improper disposal of refuse or debris.
- Altering or removing boundary markers.
Penalties
- Fine: P5,000 to P500,000 plus cost of damage.
- Imprisonment: 1 to 6 years.
- Mandatory restoration or compensation if rehabilitation needed.
- Eviction and forfeiture of collected resources and equipment.
- Responsibility extends to corporate officers for acts of employees.
- DENR may impose administrative fines and penalties.
Separability Clause
- Unconstitutional provisions do not affect the rest of the Act.
Repealing Clause
- Laws inconsistent with the Act are repealed or modified.
Effectivity Clause
- Act takes effect 15 days after publication in two newspapers of general circulation.