Title
Rules for Implementing Palawan Environmental Plan
Law
Pcsd
Decision Date
Sep 4, 1992
The "Rules and Regulations Implementing the Strategic Environmental Plan for Palawan Act" is a set of guidelines aimed at protecting and conserving natural resources in Palawan while promoting sustainable development, through the establishment of the Environmentally Critical Areas Network and the Palawan Council for Sustainable Development.
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Purpose

  • These rules prescribe the procedures and guidelines for the implementation of Republic Act No. 7611 (SEP for Palawan Act).
  • Aim to ensure compliance with the Act and achieve its objectives.

Declaration of Policy

  • The State commits to protect, develop, and conserve natural resources.
  • Supports environmental plans that align with socio-economic development.
  • Promotes sustainable development through proper conservation and utilization.
  • Imposes a total commercial logging ban as a forest conservation measure.
  • Establishes institutional mechanisms, including fiscal programs, to support implementation.
  • Encourages participation from all sectors of society in natural resource management.

Scope of Application

  • Applies to SEP implementation in Palawan.
  • Guides local governments, residents, national and non-government agencies involved in plans affecting Palawan.

Interpretation and Construction

  • Any doubts in interpretation are resolved in line with the Declaration of Policy.

Definition of Key Terms

  • Palawan: Philippine province with defined geographical coordinates.
  • Sustainable Development: Improvement in quality of life balancing development and environmental protection.
  • Natural Resources: Life-support systems and useful products such as minerals, forests, wildlife, etc.
  • Tribal Land Areas: Territories traditionally occupied by cultural minorities.
  • Environmentally Critical Areas: Ecologically fragile terrestrial, aquatic, and marine areas needing special protection.
  • Participatory Processes: Inclusion of key development sectors from grassroots to national government in planning.
  • Conservation: Wise use assuring regeneration and continuous benefit.
  • Ecology: Interactions among organisms and their surroundings.
  • Commercial Logging: Cutting trees from old growth/residual forests for profit.
  • SEP: Strategic Environmental Plan.
  • ECAN: Environmentally Critical Areas Network.
  • EMES: Environmental Monitoring and Evaluation System.

SEP as Framework for Development

  • SEP is the framework guiding government agencies in plans affecting Palawan's environment and resources.
  • Incorporated into the Regional Development Plan of Region IV.
  • Local governments and agencies must coordinate and align projects and budgets with SEP.
  • Local governments ensure NGOs and private sector plans conform with SEP objectives.

Environmentally Critical Areas Network (ECAN)

  • ECAN is a graded system of protection and control over Palawan's environment.
  • Objectives include forest conservation with a total commercial logging ban in maximum protection areas, watershed protection, biological diversity preservation, tribal people protection, sustainable yield maintenance, rare species protection, research and education, tourism.
  • ECAN includes terrestrial, coastal/marine zones, and tribal ancestral lands.
  • Reclassifications allowed based on scientific studies and complementary laws.

Terrestrial Component

  • Includes mountains, ecologically important lowlands.
  • Subdivided into:
    1. Core Zone: Maximum protection; human disruption prohibited except minimal traditional tribal uses; areas above 1,000 meters, natural forests, endangered habitats, culturally significant sites.
    2. Buffer Zone: Lands from 100-1,000 meters; regulated use. Subdivided into:
      • Restricted Use Area: Limited non-consumptive activities; altitude 500-1,000 m.
      • Controlled Use Area: Outer barrier; controlled mining, logging (non-profit), tourism, research allowed; altitude 100-300 m.
      • Traditional Use Area: Edges of intact forests with stabilized traditional land use.
    3. Multiple/Manipulative Use Zone: Modified landscapes where intensive use like agriculture, infrastructure, tourism allowed.

Coastal/Marine Component

  • Covers coastline to open sea.
  • Management philosophy based on local community access and responsibility.
  • Subdivided into:
    1. Coastal Core Zone: Sanctuary areas free from human activity (rare species, coral reefs, mangroves).
    2. Multiple Use Area: Areas for compatible human activities like artisanal fishery, tourism, mariculture, education.

Tribal Ancestral Lands

  • Areas traditionally occupied by cultural minorities, both land and sea.
  • Zoning considers cultural needs through consultation and cultural mapping.
  • Managed under same graded control system as other zones with stronger cultural emphasis.

Management of Resources Outside ECAN

  • Council designs management systems for resources outside Environmentally Critical Areas.
  • Includes coastal resources, catchment areas, timber, mines, lowlands development, tourism planning.

Environmental Monitoring and Evaluation System (EMES)

  • EMES established to generate reliable data for SEP concerns.
  • Includes laboratory for water and soil analysis, community listening posts, and Philippine Environmental Impact Assessment integration.

Environmental Research

  • Council Staff's Scientific Committee conducts surveys, monitoring, research.
  • Research covers physical, biological, policy, and socio-economic issues.
  • Translates research findings into action-oriented recommendations.

Environmental Education and Extension

  • Programs include information campaigns, training (formal and informal), and community mobilization for participatory process.

Community Support

  • Council Staff conducts regular public consultations.
  • Establishes grassroots planning systems involving affected communities.

Administrative Machinery: Palawan Council for Sustainable Development (PCSD)

  • Composed of government officials, representatives from NGOs, business sector, military, and local government.
  • Private sector reps serve as organizational heads with residency, moral character, and service track record requirements.
  • Powers include: policy formulation, rule promulgation, plan integration, personnel appointment, funding arrangements, contract negotiations, license approval or suspension recommendations, and legislative endorsement.
  • May create committees.
  • Members serve by virtue of their position or a one-year term.
  • Hold regular monthly meetings with quorum rules.
  • Compensation includes per diems and allowances with specified caps.
  • Elects Chairman and Vice-Chairman with defined powers and duties.

Council Officers and Roles

  • Chairman presides over meetings, enforces rules, negotiates funding, signs contracts, and promotes local participation.
  • Vice-Chairman assists and acts for Chairman if absent or incapacitated.
  • Executive Director serves as Council Secretary.
  • Council’s seat is in Puerto Princesa City.
  • Official seal symbolizes progress, sea, forest, fertile soil, and people.

Palawan Council for Sustainable Development Staff (PCSDS)

  • PCSDS is the professional support staff independent of other agencies except the Council.
  • Absorbs assets and functions of Palawan Integrated Area Development Project Office.
  • Functions include planning, research, rulemaking, technical assistance, resource management, enforcement, and funding sourcing.

Executive Director Duties

  • Oversees PCSDS operations and administration.
  • Implements Council policies.
  • Signs contracts for internal operations.
  • Represents Council in government dealings and legal proceedings.
  • Signs appointments subject to civil service laws.

Council Staff Employment

  • Subject to civil service laws with security of tenure.
  • Employees absorbed from previous office continue duties.
  • Members’ personal office employees hold office at pleasure of their appointing member.

Core Staff Services

  • Employs Legal Officer, Technical Assistant, Secretary to support Council.

Transitional Provisions

  • PCSDS continues coordination and monitoring of related development projects.

Separability Clause

  • Invalidity of parts does not affect remaining provisions.

Effectivity

  • Rules take effect 15 days after filing with the University of the Philippines Law Center.

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