Nipas Law

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NIPAS LAW

R.A. 7586 or the NATIONAL INTEGRATED


PROTECTED AREAS SYSTEM Act of 1992
(June 1, 1992)

Revised IRR of the NIPAS Act DAO NO.


2008-26 (December 24, 2008)

Philippines Biodiversity & Watersheds Improved for Stronger


Economy & Ecosystem Resilience (B+WISER) Program
NIPAS POLICY- SEC. 2
Establishment of a
comprehensive system of
integrated protected areas
for the Filipino people of
present and future
generations to ensure the
perpetual existence of all
native plants and animals
within the classification of
National Parks as provided
for in the Constitution.
BASIC PRINCIPLES
OF NIPAS

 Conservation of
biological diversity

 Sustainable
development
(SEC. 4)-PROTECTED AREAS ARE…
 Identified portions of land
and water,
 Set aside by reasons of their
unique physical and
biological significance,
 Managed to enhance
biological diversity, and
 Protected against
destructive human
exploitation
CATEGORIES OF MANAGEMENT ZONES
1. Strict Protection Zone
 closed to all human activities except for scientific
studies and/or ceremonial or religious use by the
ICCs/IPs
2. Multiple Use Zone
 the following may be allowed consistent with the PA
management plan: settlement, traditional and/or
sustainable land use, including agriculture,
agroforestry, and other income-generating or livelihood
activities
3. Buffer Zone
 peripheral zones to protect the PA from activities that
will directly and indirectly harm it
ADMINISTRATION AND MANAGEMENT
 NIPAS is under the control and administration of
the DENR.
 Site level policy-making and management –
PAMB
 Implementation of the Management Plan and
operations of the protected area including
enforcement - PASu
 DENR Secretary is empowered to deputize field
officers and delegate any of his powers under
the Act and other laws to expedite its
implementation and enforcement
PROVISIONS FOR TENURED MIGRANTS-
RULE 15, DAO 2008- 26
recognizes tenured
migrants
(actual, continuous
occupation and solely
dependent for subsistence
on the PA for 5 yrs. before
Its designation as such per
this Act)
as eligible stewards of the
land from which they
derive subsistence
PROVISIONS FOR INDIGENOUS
CULTURAL COMMUNITIES (SEC. 13)
 Recognizes ancestral
domain claims and other
customary rights

 Allows ICCs to live their


traditional lifestyle
SEC. 18. FIELD OFFICERS
 All officials, technical personnel and forest guards
employed in the integrated protected area service
 All persons deputized by the DENR, upon
recommendation of the management board
Shall be considered as field officers and shall have the
authority to:
 Investigate and search premises and buildings
 Make arrests in accordance with the rules of criminal
procedures for the violation of laws and regulations
relating to protected areas.

Nothing herein mentioned shall be construed as preventing


regular law enforcers and police officers from arresting any
person in the act of violating said laws and regulations.
SEC. 20. PROHIBITED ACTS

Except as maybe allowed by the nature of their


categories and pursuant to rules and
regulations governing the same, the following
acts are prohibited within protected areas:

a. Hunting, destroying, disturbing or mere


possession of any plants or animals or
products derived therefrom without a permit
from the Management Board;
SEC. 20. PROHIBITED ACTS (CONT’D)

b. dumping of any waste products detrimental


to the protected area or to the plants or
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);
e. Damaging and leaving roads and trails in a
damaged condition;
SEC. 20. PROHIBITED ACTS (CONT’D)
f. Squatting, mineral locating, otherwise
occupying any land;
g. Constructing or maintaining any kind of
structure, fence or enclosures, conducting
any business enterprise without a permit;
h. Leaving in exposed and unsanitary
conditions refuse or debris or depositing in
ground or in bodies of water; and
i. Altering, removing or defacing boundary
marks or signs.
SEC. 21. PENALTIES
 Fine 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 1 year but not more
than 6 years or both, as determined by the court:

 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 to the damage
SEC. 21. PENALTIES (CONT’D)
The court shall also order:
 Eviction of the offender from the land
 Forfeiture in favor of the gov’t 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 therein by the offender.
 If the offender is an association or corporation, the
president or manager shall be responsible for the
act of his employees, laborers;
 The DENR may impose administrative fines and
penalties consistent with the Act.
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