National Integrated Protected Areas System Act of 1992
National Integrated Protected Areas System Act of 1992
National Integrated Protected Areas System Act of 1992
In recognition of the profound impact of mans activities on all components of the natural environment particularly the effect of increasing population, resource exploitation and industrial advancement and Recognizing the critical importance of protecting and maintaining the natural biological and physical diversities of the environment notably on areas with biologically unique features to sustain human life and development, as well as plant and animal life.
It is declared that these areas are recognized to possess ecological values that may be incorporated into a holistic plan representative of our natural heritage. Effective administration of these areas is possible only through cooperation among national government, local government and concerned private organizations. The use and enjoyment of these protected areas must be consistent with the principles of biological diversity and sustainable development.
To achieve the objectives of the Act, a National Integrated Areas System (NIPAS) is established which shall encompass outstandingly remarkable areas and biologically important public lands that are habitats of rare and endangered species of plants and animals, biogeographic zones and related ecosystems, whether terrestrial, wetland or marine, all which shall be designated as PROTECTED AREAS.
c.) Buffer zones - are identified areas outside the boundaries of and immediately adjacent to designated protected areas pursuant to Section 8 that need special development control in order to avoid or minimize harm to the protected area;
d.) Indigenous cultural community - refers to a group of people sharing common bonds of language, customs, traditions and other distinctive cultural traits, and who have since time immemorial, occupies, possessed and utilized a territory;
e.) National park - refers to a forest reservation essentially of natural wilderness character which has been withdrawn from settlement, occupancy or any form of exploitation except in conformity with approved management plan and set aside as such exclusively to conserve the area or preserve the scenery, the natural and historic objects, wild animals and plants therein and to provide enjoyment of these features in such areas;
f.) Natural monument - is a relatively small area focused on protection of small features to protect or preserve nationally significant natural features on account of their special interest or unique characteristics;
g.) Natural biotic area - is 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; h.) Natural park - is a relatively large area not materially altered by human activity where extractive resource uses are not allowed and maintained to protect outstanding natural and scenic areas of national or international significance for scientific, educational and recreation use;
i.) Protected landscapes / seascapes are areas of national significance which are characterized by the harmonious interaction of man and land while providing opportunities for public enjoyment through recreation and tourism within the normal lifestyle and economic activity of these areas.
j.) Resource reserve - is an extensive and relatively isolated and uninhabited area normally with difficult access designated as such to protect natural resources of the area for future use and prevent or contain development activities that could affect the resource pending the establishment of objectives which are based upon appropriate knowledge and planning.
k.) Strict nature reserve - is an area possessing some outstanding ecosystem, features and/or species of flora and fauna of national scientific importance maintained to protect nature and maintain processes in an undisturbed state in order to have ecologically representative examples of the natural environment available for scientific study, environmental monitoring, education and for the maintenance of genetic resources in a dynamic and evolutionary state;
l.) Tenured migrant communities - are communities within protected areas which have actually and continuously occupied such areas for five (5) years before the designation of the same as protected areas in accordance with this Act and are solely dependent therein for subsistence; and m.) Wildlife sanctuary - comprises an area which assures the natural conditions necessary to protect national significant species, groups of species, biotic communities or physical features of the environment where these may require specific human manipulation for heir perpetuation.
The establishment and operationalization of the System shall involve the ff: a.) All areas or islands in the Philippines proclaimed, designated or set aside, pursuant to a law, PD, presidential proclamation or executive order as national park, game refuge, bird and wildlife sanctuary, wilderness area, strict natural reserve, watershed, mangrove reserve, fish sanctuary, natural and historical landmark, protected and managed landscape/seascape as well as identified virgin forests before the effectivity of this Act are designated as initial components of the System. The initial components of the System shall be governed by existing laws, rules and regulations, not inconsistent with this Act. b.) All DENR records pertaining to said protected areas, including maps and legal descriptions or natural boundaries, copies of rules and regulations governing them, copies of public notices of, and reports submitted to Congress regarding pending additions, eliminations, or modifications shall be made available to the public. These legal documents pertaining to protected areas shall also be available to the public in the respective DENR Regional offices, PENROs and CENROs where NIPAS areas are located.
The DENR shall exercise its authority over protected areas as provided in this Act on such area designated as buffer zones.
The management planning strategy shall also provide guidelines for the protection of indigenous cultural communities, other tenured migrant communities and sites and for close coordination between and among local agencies of the Government as well as the private sector.
Each component area of the System shall be planned and administered to further protect and enhance the permanent preservation of its natural conditions. A management manual shall be formulated and developed which must contain the ff: - an individual management plan prepared by three (3) experts with, basic background information, field inventory of the resources within the area, an assessment of assets and limitations, regional interrelationships, particular objectives for managing the area, appropriate division of the area into management zones, review of the boundaries of the area and a design of the management programs.
To carry out the mandate of this Act, the DENR Secretary is empowered to perform any and all of the ff acts: a.) To conduct studies on various characteristic features and conditions of the different protected areas, using commonalities in their characteristics, classify and define them into categories and prescribe permissible or prohibited human activities in each category in the System;
b.) To adopt and enforce a land-use scheme and zoning plan in adjoining areas for the preservation and control of activities that may threaten the ecological balance in the protected areas; c.) To cause the preparation of and exercise the power to review all plans and proposals for the management of protected areas; d.) To promulgate rules and regulations necessary to carry out the provisions of this Act;
e.) To deputize field officers and delegate any of his powers under this Act and other laws to expedite its implementation and enforcement;
f.) To fix and prescribe reasonable NIPAS fees to be collected from government agencies or any person, firm or corporation deriving benefits from the protected areas; g.) To exact administrative fees and fines as authorized in Section 21 for violations of guidelines, rules and regulations of the Act as would endanger the viability of protected areas; h.) To enter into contracts and/or agreements with private entities or public agencies as may be necessary to carry out the purpose of this Act;
i.) To accept in the name of the Philippine Government and in behalf of NIPAS funds, gifts or bequests of money for immediate disbursements or other property in the interest of the NIPAS, its activities or its services.
j.) To call on any agency or instrumentality of the Government as well as academic institutions, nongovernment organizations and the private sector as may be necessary to accomplish objectives and activities of the System;
k.) To submit an annual report to the President of the Philippines and to Congress on the status of protected areas in the country; l.) To establish a uniform marker for the System, including an appropriate and distinctive symbol for each category in the System, in consultation with appropriate government agencies and public and private organizations; m.) To determine the specification of the class, type and style of buildings and other structures to be constructed in protected areas and the materials to be used; n.) Control the construction, operation and maintenance of roads, trails, waterworks, sewerage, fire protection, and sanitation systems and other public utilities within the protected area;
o.) Control occupancy of suitable portions of the protected area and resettle outside of said area forest occupants therein, with the exception of the members of the indigenous communities area; and p.) To perform such other functions as may be directed by the President of the Philippines, and to do such acts as may be necessary or incidental to the accomplishment of the purpose and objectives of the System.
The members of the Board shall serve for a term of five (5) years without compensation. They shall be appointed by the DENR Secretary as follows: a.) a member who shall be appointed to represent each local government down to barangay level whose territory or portion is included in the protected area. Each appointee shall be the person designated the head of such LGU, except for the Provincial Development Officer who shall serve ex officio; b.) a member from NGO who shall be endorsed by heads of organizations which are preferably based in the area or which have established and recognized interest in protected areas; c.) The RED/s in the region/s where such protected area lies shall sit as ex officio member of the Board and shall serve as adviser/s in matters related to the technical aspect of management of the area; d.) The RED shall act as Chairman of the Board. When there are two (2) or more REDs in the Board, the Secretary shall designate one of them to be the Chairman. Vacancies shall be filled in the same manner as the original appointment.
Any exploitation and utilization of energy resources found within NIPAS areas shall be allowed only through a law passed by Congress.
All incomes generated from the operation of the System or management of wild flora and fauna shall accrue to the Fund and may be utilized directly by the DENR for the above purpose. These incomes shall be derived from: a.) Taxes from the permitted sale and export of flora and fauna and other resources from protected areas; b.) Proceeds from lease of multiple-use areas; c.) Contributions from industries and facilities directly benefiting from the protected area; d.) Such other fees and incomes derived from the operation of the protected area. Disbursements from the Fund shall be made solely for the protection, maintenance, administration and management of the System, and duly approved projects endorsed by the Boards, in the amounts authorized by DENR.
b.) Dumping of any waste products detrimental to the protected area, or to the plants and animals or inhabitants therein;
c.) Use of any motorized equipment without a permit from the Management Board; d.) Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural communities (of scenic value);
Sec. 21 Penalties
FINE in the amount of not less than P5,000 nor more than P500,000 exclusive of the value of the thing damaged OR IMPRISONMENT for not less than one (1) year but not more than sin (6) years, OR both, as determined by the court, for - violation of the Act or any rules and regulations issued by the DENR pursuant thereto OR - found guilty by a competent court of justice of any of the offenses (PROHIBITED ACTS in Sec. 20)
If the area requires rehabilitation or restoration as determined by the court, the offender shall also be required to restore or compensate for the restoration of the damage. The court shall order the eviction of the offender from the land and the 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 shall be directly responsible for the act of his employees and laborers. The DENR may impose administrative fines and penalties consistent with this Act.