National Integrated Protected Areas System Act of 1992

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National Integrated Protected

areas System Act of 1992

RA 7586 - approved on June 1,

1992 and took effect on July

20,1992


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What the law is all about?

The NIPAS Law recognized the integrated protectedareas system (IPAS) as a powerful mechanism for theconservation of Philippine diversity.

The law covers in detail the 13 steps to declare aPROTECTED area.

Together with the Wildlife Resources Conservation Act

(RA 9147), it is the Philippine commitment to theInternational community to Biodiversity.


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Sec. 2. Declaration of Policy

It is declared the policy of the State to secure for theFilipino people of present and future generations theperpetual existence of all native plants and animals throughthe establishment of a comprehensive system of integratedprotected areas within the classification of national park asprovided in the Constitution. -

In recognition of the profound impact of mans activities onall components of the natural environment particularly theeffect of increasing population, resource exploitation andindustrial advancement and

Recognizing the critical importance of protecting andmaintaining the natural biological and physical diversities ofthe environment notably on areas with biologically uniquefeatures to sustain human life and development, as well asplant and animal life.


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It is declared that these areas arerecognized to possess ecological values

that may be incorporated into a holisticplan representative of our natural heritage.

Effective administration of these areas is

possible only through cooperation amongnational government, local governmentand concerned private organizations.

The use and enjoyment of these protected

areas must be consistent with theprinciples of biological diversity andsustainable development.


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To achieve the objectives of the Act, a

National Integrated Areas System (NIPAS)

is established which shall encompassoutstandingly remarkable areas and

biologically important public lands that are

habitats of rare and endangered speciesof plants and animals, biogeographic

zones and related ecosystems, whether

terrestrial, wetland or marine, all whichshall be designated as PROTECTED

AREAS.


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Sec. 4 Definition of Terms a.) National Integrated Protected Areas System - is the

classification and administration of all designated protectedareas to maintain essential ecological processes and life-support systems, to preserve genetic diversity, to ensuresustainable use of resources found therein, and to maintaintheir natural conditions to the greatest extent possible;

b.) Protected arearefers to identified portions of land andwater set aside by reason of their unique physical andbiological significance, managed to enhance biologicaldiversity and protected against destructive humanexploitation;

c.) Buffer zones - are identified areas outside the boundariesof and immediately adjacent to designated protected areaspursuant to Section 8 that need special development controlin order to avoid or minimize harm to the protected area;


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d.) Indigenous cultural community - refers to a group ofpeople sharing common bonds of language, customs,traditions and other distinctive cultural traits, and whohave since time immemorial, occupies, possessed andutilized a territory;

e.) National park - refers to a forest reservationessentially of natural wilderness character which hasbeen withdrawn from settlement, occupancy or any formof exploitation except in conformity with approvedmanagement plan and set aside as such exclusively toconserve the area or preserve the scenery, the naturaland historic objects, wild animals and plants therein andto provide enjoyment of these features in such areas;

f.) Natural monument - is a relatively small area focusedon protection of small features to protect or preservenationally significant natural features on account of theirspecial interest or unique characteristics;


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g.) Natural biotic area - is an area set aside to allow theway of life of societies living in harmony with theenvironment to adapt to modern technology at their

pace;

h.) Natural park - is a relatively large area not materiallyaltered by human activity where extractive resource usesare not allowed and maintained to protect outstanding

natural and scenic areas of national or internationalsignificance for scientific, educational and recreationuse;

i.) Protected landscapes / seascapesare areas of

national significance which are characterized by theharmonious interaction of man and land while providingopportunities for public enjoyment through recreationand tourism within the normal lifestyle and economicactivity of these areas.


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j.) Resource reserve - is an extensive and relatively isolated anduninhabited area normally with difficult access designated as such to protectnatural resources of the area for future use and prevent or containdevelopment activities that could affect the resource pending theestablishment of objectives which are based upon appropriate knowledge

and planning.

k.) Strict nature reserve - is an area possessing some outstandingecosystem, features and/or species of flora and fauna of national scientificimportance maintained to protect nature and maintain processes in anundisturbed state in order to have ecologically representative examples ofthe natural environment available for scientific study, environmental

monitoring, education and for the maintenance of genetic resources in adynamic and evolutionary state;

l.) Tenured migrant communities - are communities within protected areaswhich have actually and continuously occupied such areas for five (5) yearsbefore the designation of the same as protected areas in accordance withthis Act and are solely dependent therein for subsistence; and

m.) Wildlife sanctuary - comprises an area which assures the naturalconditions necessary to protect national significant species, groups ofspecies, biotic communities or physical features of the environment wherethese may require specific human manipulation for heir perpetuation.


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Sec. 5 Establishment and Extent

of the System The establishment and operationalization of the System shall involve

the ff:

a.) All areas or islands in the Philippines proclaimed, designated or setaside, pursuant to a law, PD, presidential proclamation or executiveorder 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 managedlandscape/seascape as well as identified virgin forests before theeffectivity of this Act are designated as initial components of theSystem. The initial components of the System shall be governed byexisting laws, rules and regulations, not inconsistent with this Act.

b.) All DENR records pertaining to said protected areas, includingmaps and legal descriptions or natural boundaries, copies of rules andregulations governing them, copies of public notices of, and reportssubmitted to Congress regarding pending additions, eliminations, ormodifications shall be made available to the public. These legaldocuments pertaining to protected areas shall also be available to thepublic in the respective DENR Regional offices, PENROs and CENROs

where NIPAS areas are located.


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Sec. 6 Additional Areas to be

Integrated to the System

The DENR Secretary shall propose the inclusion in theSystem of additional areas with outstanding physicalfeatures, anthropological significance and biologicaldiversity in accordance with the review and study of each

area, taking into consideration the ff: a.) forest occupants survey

b.) ethnographic study

c.) protected area resource profile

d.) land use plans done in coordination with the perspective Regional Development Councils

e.) such other background studies as will be sufficient

bases for selection.


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Sec. 8 Buffer Zones

For each protected area, there shall beestablished peripheral buffer zones whennecessary, in the same manner as Congressestablishes the protected area, to protect thesame from activities that will directly and

indirectly harm it. Such buffer zones shall beincluded in the individual protected areamanagement plan that shall be prepared foreach protected area.

The DENR shall exercise its authority overprotected areas as provided in this Act on sucharea designated as buffer zones.


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Sec. 9 Management Plans

There shall be a general management planning strategy toserve as guide in formulating individual plans for eachprotected area. The management planning strategy shall,at the minimum, promote the adoption and implementationof innovative management techniques including, ifnecessary, the concept of zoning, buffer zone

management for multiple use and protection, habitatconservation and rehabilitation, diversity management,community organizing, socioeconomic and scientificresearches, site-specific policy development, pestmanagement, and fire control.

The management planning strategy shall also provideguidelines for the protection of indigenous culturalcommunities, other tenured migrant communities and sitesand for close coordination between and among localagencies of the Government as well as the private sector.


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Each component area of the System shall be plannedand administered to further protect and enhance thepermanent preservation of its natural conditions. A

management manual shall be formulated and developedwhich 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.


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Sec. 10 Administration and

Management of the System

The NIPAS is placed under the control andadministration of the DENR.

A division in the regional offices of the DENR tobe called the Protected Areas and WildlifeDivision is created in regions where protectedareas have been established, which shall beunder the supervision of a regional Technical

Director. The Service shall manage protectedareas and promote the permanent preservation,to the greatest extent possible of their naturalconditions.


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To carry out the mandate of this Act, the DENR Secretary isempowered to perform any and all of the ff acts:

a.) To conduct studies on various characteristic features and

conditions of the different protected areas, usingcommonalities in their characteristics, classify and definethem into categories and prescribe permissible or prohibitedhuman 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 activitiesthat may threaten the ecological balance in the protectedareas;

c.) To cause the preparation of and exercise the power to

review all plans and proposals for the management ofprotected areas;

d.) To promulgate rules and regulations necessary to carryout the provisions of this Act;


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e.) To deputize field officers and delegate any of his powers underthis Act and other laws to expedite its implementation andenforcement;

f.) To fix and prescribe reasonable NIPAS fees to be collected fromgovernment agencies or any person, firm or corporation derivingbenefits 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 aswould endanger the viability of protected areas;

h.) To enter into contracts and/or agreements with private entities orpublic agencies as may be necessary to carry out the purpose ofthis Act;

i.) To accept in the name of the Philippine Government and in behalfof NIPAS funds, gifts or bequests of money for immediatedisbursements or other property in the interest of the NIPAS, itsactivities or its services.


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j.) To call on any agency or instrumentality of the Government aswell as academic institutions, nongovernment organizations and theprivate sector as may be necessary to accomplish objectives andactivities of the System;

k.) To submit an annual report to the President of the Philippinesand 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 publicand private organizations;

m.) To determine the specification of the class, type and style ofbuildings and other structures to be constructed in protected areasand the materials to be used;

n.) Control the construction, operation and maintenance of roads,trails, waterworks, sewerage, fire protection, and sanitation systemsand other public utilities within the protected area;


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o.) Control occupancy of suitable portionsof the protected area and resettle outside

of said area forest occupants therein, withthe exception of the members of theindigenous communities area; and

p.) To perform such other functions asmay be directed by the President of thePhilippines, and to do such acts as may be

necessary or incidental to theaccomplishment of the purpose andobjectives of the System.


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Sec. 11 Protected Area Management

Board A Protected Area Management Board for each of the established protected

area is created and composed of the ff: - the RED under whose jurisdiction the protected area is located

- one rep from the autonomous regional government, if applicable

- the Provincial Development Officer

- one rep from the municipal government

- one rep from each barangay covering the

protected area - one rep from each tribal community if

applicable and

- at least 3 reps from NGOs/local community

organizations and

- if necessary, one rep from other departments or national

government agencies involved in protected area management.

The Board shall, by a majority vote, decide the allocations for budget,approve proposals for funding, decide matters relating to planning,peripheral protection and general administration of the area in accordancewith the general management strategy.


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The members of the Board shall serve for a term of five (5) yearswithout compensation. They shall be appointed by the DENRSecretary as follows:

a.) a member who shall be appointed to represent each local

government down to barangay level whose territory or portion isincluded in the protected area. Each appointee shall be theperson designated the head of such LGU, except for theProvincial Development Officer who shall serve ex officio;

b.) a member from NGO who shall be endorsed by heads oforganizations 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 asadviser/s in matters related to the technical aspect ofmanagement 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 shalldesignate one of them to be the Chairman.

Vacancies shall be filled in the same manner as the originalappointment.


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Sec. 12 Environmental Impact

Assessment Proposals for activities which are outside the scope of

the management plan for protected areas shall besubject to an environmental impact assessment asrequired by law before they are adopted, and the resultsthereof shall be taken into consideration in the decision-

making process. No actual implementation of suchactivities shall be allowed without the required ECCunder the EIA system.

In instances where such activities are allowed to be

undertaken, the proponent shall plan and carry them outin such manner as will minimize any adverse effects andtake prevention and remedial action when appropriate.The proponent shall be liable for any damage due to lackof caution or indiscretion.


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Sec. 13. Ancestral Lands and

Rights over them Ancestral lands and customary rights and interests

arising shall be accorded due recognition. The DENRshall prescribe rules and regulations to govern ancestrallands within protected areas.

The DENR shall have NO power to evict indigenouscommunities from their present occupancy nor resettlethem to another area without their consent.

All rules and regulations whether adversely affecting saidcommunities or not, shall be subjected to notice andhearing to be participated in by members of concernedindigenous community.


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Sec. 14 Survey for Energy

Resources Consistent with the policies declared, protected areas

except STRICT NATURE RESERVE and NATURALPARKS, may be subjected to exploration only for thepurpose of gathering information on energy resourcesand only if such activity is carried out with the least

damage to surrounding areas. Surveys shall beconducted only in accordance with a program approvedby the DENR, and the result of such surveys shall bemade available to the public and submitted to thePresident for recommendation to Congress.

Any exploitation and utilization of energy resourcesfound within NIPAS areas shall be allowed only througha law passed by Congress.


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Sec. 15 Areas under the

Management of other DEpts

Should there be protected areas, or portionsthereof, under the jurisdiction of governmentinstrumentalities other than the DENR, such

jurisdiction shall, prior to the passage of this Act,remain in the said department or governmentinstrumentality. Such department ofinstrumentality exercising administrative

jurisdiction over said protected area or a portion

thereof shall coordinate with the DENR in thepreparation of its management plans, upon theeffectivity of this Act.


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Sec. 16 Integrated Protected

Areas Fund

A trust fund to be known as Integrated ProtectedAreas Fund (IPAS) is established for purposes ofinancing projects of the System. The IPAS maysolicit and receive donations, endowments, and

grants in the form of contributions.

Such endowments shall be exempted from

income or gift taxes and all other taxes, chargesor fees imposed by the Government or anypolitical subdivision or instrumentality thereof.


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All incomes generated from the operation of the Systemor management of wild flora and fauna shall accrue tothe Fund and may be utilized directly by the DENR for

the above purpose. These incomes shall be derivedfrom:

a.) Taxes from the permitted sale and export of flora andfauna 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 forthe protection, maintenance, administration andmanagement of the System, and duly approved projectsendorsed by the Boards, in the amounts authorized byDENR.


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Sec. 17 Annual Report to

Congress

At the opening of each session of

Congress, the DENR shall report to the

President, for transmission to Congress,

on the status of the System, regulation inforce and other pertinent information

together with recommendations.


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Sec. 19 Special Prosecutors

The Department of Justice shall designate

special prosecutors to prosecute violations

of laws, rules and regulations in protected

areas.


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Sec. 20 Prohibited Acts

Except as may be allowed by the nature of their categories andpursuant to rules and regulations governing the same, the ff actsare PROHIBITED within protected areas:

a.) Hunting, destroying, disturbing, or mere possession of anyplants or animals or products derived therefrom without a permitfrom the Management Board;

b.) Dumping of any waste products detrimental to the protectedarea, 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, orobjects of interest to cultural communities (of scenic value);


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e.) Damaging and leaving roads and trails in a damagedcondition;

f.) squatting, mineral locating, or otherwise occupyingany land;

g.) Constructing or maintaining any kind of structurefence or enclosures, conducting any business

enterprise without a permit;

h.) Leaving in exposed or unsanitary conditions refuseor debris, or depositing in ground or in bodies ofwater; and

i.) Altering, removing or destroying or defacingboundary marks or signs.


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Sec. 21 Penalties

FINE in the amount of not less than P5,000 nor morethan P500,000 exclusive of the value of the thingdamaged OR

IMPRISONMENT for not less than one (1) year but notmore 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)


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Documents

National Integrated Protected Areas System Act of 1992