Scope of Application
- Applies to pre-1992 designated protected areas, including parks, sanctuaries, forests, landmarks, watersheds, and other protected lands and marine areas.
- Includes future protected areas established under the law.
Establishment of Initial NIPAS Components
- A four-step process: compiling technical data, screening for suitability, public studies and hearings, and final recommendations.
- DENR Regional Offices tasked with preparatory activities including mapping, census, resource profiling, consultations, planning, public hearings, and final reporting.
- Steps include public notification, consultation, census of occupants, resource assessments, and plan development.
- Public inputs and indigenous community participation emphasized.
- Final recommendations submitted to President and Congress for proclamation and legislation.
- Areas demarcated on the ground upon enactment.
Subsequent NIPAS Areas
- Additional areas can be proposed for inclusion following similar procedures with initial reconnaissance instead of full mapping.
Disestablishment or Boundary Modification
- Based on studies and public hearings.
- PAMB must support if area was under the Act.
- Secretary recommends to Congress.
- Changes only take effect upon Congressional approval.
- Disestablished areas revert to public forest unless otherwise specified.
- Indigenous ancestral claims prioritized.
Buffer Zones
- Created to provide an additional layer of protection and sustainable livelihoods.
- Must be established by law with procedures similar to protected areas.
- To be managed cooperatively under PAMB and DENR in line with management plans.
- Flexible resource management allowed; traditional livelihoods respected.
- Indigenous and local stakeholders must participate actively in buffer zone management planning.
Management Planning
- Two-tiered approach with general national strategy guiding site-specific plans.
- Preparation of General Management Planning Strategy (GMPS) by PAWB within one year.
- GMPS addresses biodiversity, traditional rights, community participation, and inter-agency coordination.
- Plans approved by the Secretary and endorsed by PAMB.
- Protected areas subdivided into management zones such as strict protection, sustainable use, restoration, habitat management, multiple-use, buffer, cultural, recreational, and special use zones.
- Management zones allow for varied levels of use and protection with specific objectives.
Management Manual Content
- Includes description, legal status, biophysical data, conservation issues, management goals and activities, research, monitoring, administration, and annexes.
- Developed with expert input and community consultations.
- Plans reviewed and updated at least every three years.
Protected Area Management Board (PAMB)
- Governing body for each protected area.
- Approves plans, rules, boundaries, and manages resource protection.
- Composed of DENR officials, local government representatives, indigenous community members, NGOs, and others.
- Members appointed by Secretary; serve five-year terms without compensation except travel expenses.
- May create Executive Committee for operational efficiency.
- Meetings monthly with minutes properly recorded and submitted.
- Members removable for cause.
NIPAS Administration
- DENR Secretary oversees NIPAS.
- Central level includes Undersecretaries and PAWB for technical lead and coordination.
- Regional level includes RED and RTD responsible for implementation and local community representation.
- Site-based management led by Protected Area Superintendent (PAS) with enforcement powers including peace officer authority.
- PAS supported by staff including rangers, biologists, community relations officers.
- Facilities, uniforms, hardship allowances provided as funding permits.
Role of NGOs
- Essential in community-based resource management, conflict resolution, livelihood projects, and facilitating tenure instruments.
Indigenous Cultural Communities
- Ancestral domains and customary rights recognized and protected.
- Indigenous communities to be identified and engaged early in process.
- Claims evaluated through evidentiary criteria and coordinated via PAMB and DENR divisions.
- Demarcation follows accepted claims, with Certificates of Ancestral Domain or stewardship agreements.
- Indigenous plans for land and resource use to be developed in partnership respecting cultural and spiritual needs.
Tenured Migrants
- Persons continuously occupying protected areas prior to designation with subsistence dependence are recognized as tenured migrants.
- Eligible for stewardship in multiple-use or buffer zones.
- Non-qualifiers to be resettled outside protected areas.
- Evidence includes physical improvements, tax payments, and community certification.
- Tenure instruments to be developed by DENR.
- Rights governed by conservation and management plans with participation of migrants.
Special Provisions
- Surveys for energy resources allowed only for information and excluded from strict nature reserves and natural parks.
- Existing government, NGO, and private facilities subject to national interest assessment and fees or possible eviction.
- Activities outside management plans require environmental impact assessments and compliance certificates.
Protected Area Fund (IPAF)
- Finance mechanism for sustainable funding of NIPAS.
- Sources include taxes on resource sales, lease proceeds, contributions, fines, and fees.
- Fund managed by Governing Board with members from government, NGOs, and indigenous communities.
- At least 75% of revenues retained at site-level; remainder goes to central fund.
- Disbursements used solely for protected area management and approved projects.
- Board members appointed for three-year terms without compensation.
Prohibited Acts and Penalties
- Hunting, disturbing wildlife, dumping waste, unauthorized motorized usage, destruction of cultural sites, squatting, illegal structures and business operations prohibited inside protected areas.
- Violators face fines from ₱5,000 to ₱500,000, imprisonment from 1 to 6 years, restitution orders, and eviction.
- Equipment, products, and improvements confiscated.
- Corporations held liable through responsible officers.
- DENR empowered to impose administrative penalties.
General Provisions
- Order may be amended by Secretary with public notice.
- Previous inconsistent issuances repealed or modified.
- Order effective 15 days after publication.