NIPAS law (RA 7586)

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AN ACT PROVIDING FOR

THE ESTABLISHMENT AND MANAGEMENT OF


NATIONAL INTEGRATED PROTECTED AREAS
SYSTEM,
DEFINING ITS SCOPE AND COVERAGE,
AND FOR OTHER PURPOSES
Republic Act No. 7586
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

Section 1 Title

This Act shall be known and referred to as the National Integrated Protected Areas
System Act of 1992.

Section 2 Declaration of Policy

Cognizant of the profound impact of man’s 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 hereby declared the policy of the State to secure for
the Filipino people of present and future generations the perpetual existence of all
native plants and animals through the establishment of a comprehensive system of
integrated protected areas within the classification of national park as provided for in
the Constitution.

It is hereby recognized that these areas, although distinct in features, possess common
ecological values that may be incorporated into a holistic plan representative of our
natural heritage; that effective administration of these areas is possible only through
cooperation among national government, local government and concerned private
organizations; that the use and enjoyment of these protected areas must be consistent
with the principles of biological diversity and sustainable development.

To this end, there is hereby established a National Integrated Protected Areas System
(NIPAS), which shall encompass outstanding 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 of which shall be designated as protected areas.
Section 3 Categories

The following categories of protected areas are hereby established:

a. Strict nature reserve;


b. Natural park;
c. Natural monument;
d. Wildlife sanctuary;
e. Protected landscapes and seascapes;
f. Resource reserve;
g. Natural biotic areas; and,
h. Other categories established by law, conventions or international agreements
which the Philippine Government is a signatory.

Section 4 Definition of Terms

For purposes of this Act, the following terms shall be defined as follows:

a. National Integrated Protected Areas Systems (NIPAS) is the classification and


administration of all designated protected areas to maintain essential ecological
processes and life-support systems, to preserve genetic diversity, to ensure
sustainable use of resources found therein, and to maintain their natural
conditions to the greatest extent possible;

b. Protected area refers to identified portions of land and water set aside by reason
of their unique physical and biological significance, managed to enhance
biological diversity and protected against destructive human exploitation;

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, occupied, 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 modem 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 recreational 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 nationally significant species, groups of species, biotic
communities or physical features of the environment where these may require
specific human manipulation for the perpetuation.

Section 5 Establishment and Extent of the System

The establishment and operationalization of the System shall involve the following:
a. All areas or islands in the Philippines proclaimed, designated or set aside,
pursuant to a law, presidential decree, presidential proclamation or executive
order as national park, game refuge, bird and wildlife sanctuary, wilderness
area, strict nature 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 hereby 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. Within one (1) year from the effectivity of this Act, the DENR shall submit to the
Senate and the House of Representatives a map and legal description or natural
boundaries of each protected area initially comprising the System. Such maps
and legal description shall, by virtue of this Act, constitute the official
documentary representation of the entire System, subject to such changes as
Congress deems necessary;

c. 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, Provincial
Environment and Natural Resources Offices (PENROs) and Community
Environment and Natural Resources Offices (CENROs) where NIPAS areas are
located;

d. Within three (3) years from the effectivity of this Act, the DENR shall study and
review each area tentatively composing the System as to its suitability or
nonsuitability for preservation as protected area and inclusion in the System
according to the categories established in Section 3 hereof and report its finding
to the President as soon as each study is completed. The study must include in
each area:

1. A forest occupants survey:


2. An ethnographic study;
3. A protected area resource profile;
4. Land use plans done in coordination with the respective Regional
Development Councils; and
5. Such other background studies as will be sufficient bases for selection.

The DENR shall:


i. Notify the public of the proposed action through publication in a
newspaper of general circulation, and such other means as the System
deems necessary in the area or areas in the vicinity of the affected land
thirty (30) days prior to the public hearing;
ii. Conduct public hearings at the locations nearest to the area affected;
iii. At least thirty (30) days prior to the date of hearing advise all local
government units (LGUs) in the affected areas, national agencies
concerned, people's organizations and non-government organizations and
invite such officials to submit their views on the proposed action at the
hearing not later than thirty (30) days following the date of the hearing;
and
iv. Give due consideration to the recommendations at the public hearing; and
provide sufficient explanation for his recommendations contrary to the
general sentiments expressed in the public hearing;

e. Upon receipt of the recommendation of the DENR, the President shall issue a
presidential proclamation designating the recommended areas as protected areas
and providing for measures for their protection until such time when Congress
shall have enacted a law finally declaring such recommended areas as part of the
integrated protected area systems; and

f. Thereafter, the President shall send to the Senate and the House of
Representatives his recommendations with respect to the designations as
protected areas or reclassification of each area on which review has been
completed, together with maps and legal description of boundaries. The
President, in his recommendation, may propose the alteration of existing
boundaries of any or all proclaimed protected areas, addition of any contiguous
area of public land of predominant physical and biological value. Nothing
contained herein shall limit the President to propose, as part of his
recommendation to Congress, additional areas which have not been designated
proclaimed or set aside by law, presidential decree, proclamation or executive
order as protected area/s.

Section 6 Additional Areas to be Integrated to the System

Notwithstanding the establishment of the initial component of the System, the Secretary
shall propose the inclusion in the System of additional areas with outstanding physical
features, anthropological significance and biological diversity in accordance with the
provisions of Section 5(d).

Section 7 Disestablishment as Protected Area


When in the opinion of the DENR a certain protected area should be withdrawn or
disestablished, or its boundaries modified as warranted by a study and sanctioned by
the majority of the members of the respective boards for the protected area as herein
established in Section 11, it shall, in turn, advise Congress. Disestablishment of a
protected area under the System or modification of its boundary shall take effect
pursuant to an act of Congress. Thereafter, said area shall revert to the category of
public forest unless otherwise classified by Congress: Provided, however, That after
disestablishment by Congress, the Secretary may recommend the transfer of such
disestablished area to other government agencies to serve other priority programs of
national interest.

Section 8 Buffer Zones

For each protected area, there shall be established peripheral buffer zones when
necessary, in the same manner as Congress establishes the protected area, to protect the
same from activities that will directly and indirectly harm it. Such buffer zones shall be
included in the individual protected area management plan that shall be prepared for
each protected area. The DENR shall exercise its authority over protected areas as
provided in this Act on such area designated as buffer zones.

Section 9 Management Plans

There shall be a general management planning strategy to serve as guide in formulating


individual plans for each protected area. The management planning strategy shall, at
the minimum, promote the adoption and implementation of innovative management
techniques including, if necessary, the concept of zoning, buffer zone management for
multiple use and protection, habitat conservation and rehabilitation, diversity
management, community organizing, socioeconomic and scientific researches, site-
specific policy development, pest management, and fire control. 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 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
following: an individual management plan prepared by three (3) experts, 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, a review of the
boundaries of the area, and a design of the management programs.

Section 10 Administration and Management of the System


The National Integrated Protected Area System is hereby placed under the control and
administration of the Department of Environment and Natural Resources. For this
purpose, there is hereby created a division in the regional offices of the Department to
be called the Protected Areas and Wildlife Division in regions where protected areas
have been established, which shall be under the supervision of a Regional Technical
Director, and shall include subordinate officers, clerks, and employees as may be
proposed by the Secretary, duly approved by the Department of Budget and
Management, and appropriated for by Congress. The Service thus established shall
manage protected areas and promote the permanent preservation, to the greatest extent
possible of their natural conditions.

To carry out the mandate of this Act, the Secretary of the DENR is empowered to
perform any and all of the following 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 this 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 purposes 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 disbursement or other property
in the interest of the NlPAS, its activities, or its services;
j. To call on any agency or instrumentality of the Government as well as academic
institutions, non-government organizations and the private sector as may be
necessary to accomplish the 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 building and other
structures to be constructed in protected areas and the material 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
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.

Section 11 Protected Area Management Board

A Protected Area Management Board for each of the established protected area shall be
created and shall be composed of the following: the Regional Executive Director under
whose jurisdiction the protected area is located; one (1) representative from the
autonomous regional government, if applicable; the Provincial Development Officer;
one (1) representative from the municipal government; one (1) representative from each
barangay covering the protected area; one (1) representative from each tribal
community, if applicable; and, at least three (3) representatives from non-government
organizations/local community organizations, and if necessary, one (1) representative
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 accordance with the general management strategy.
The members of the Board shall serve for a term of five (5) years without compensation,
except for actual and necessary traveling and subsistence expenses incurred in the
performance of their duties. They shall be appointed by the Secretary of the DENR 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 by the head of such LGU, except for the
Provincial Development Officer who shall serve ex officio;
b. A member from non-government organizations 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; and
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 (1) of them to be the
Chairman. Vacancies shall be filled in the same manner as the original
appointment.

Section 12 Environmental Impact Assessment

Proposals for activities which are outside the scope of the management plan for
protected areas shall be subject to an environmental impact assessment as required by
law before they are adopted, and the results thereof shall be taken into consideration in
the decision-making process. No actual implementation of such activities shall be
allowed without the required Environmental Compliance Certificate (ECC) under the
Philippine Environment Impact Assessment (EIA) system. In instances where such
activities are allowed to be undertaken, the proponent shall plan and carry them out in
such manner as will minimize any adverse effects and take preventive and remedial
action when appropriate. The proponent shall be liable for any damage due to lack of
caution or indiscretion.

Section 13 Ancestral Lands and Rights Over Them

Ancestral lands and customary rights and interest arising shall be accorded due
recognition. The DENR shall prescribe rules and regulations to govern ancestral lands
within protected areas: Provided, That the DENR shall have no power to evict
indigenous communities from their present occupancy nor resettle them to another area
without their consent: Provide, however, That all rules and regulations, whether
adversely affecting said communities or not, shall be subjected to notice and hearing to
be participated in by members of concerned indigenous community.

Section 14 Survey of Energy Resources

Consistent with the policies declared in Section 2, hereof, protected areas, except strict
nature reserves and natural parks, may be subjected to exploration only for the purpose
of gathering information on energy resources and only if such activity is carried out
with the least damage to surrounding areas. Surveys shall be conducted only in
accordance with a program approved by the DENR, and the result of such surveys shall
be made available to the public and submitted to the President for recommendation to
Congress. Any exploitation and utilization of energy resources found within NIPAS
areas shall be allowed only through a law passed by Congress.

Section 15 Areas Under the Management of Other Departments and Government


Instrumentalities
Should there be protected areas, or portions thereof, under the jurisdiction of
government instrumentalities other than the DENR, such jurisdiction shall, prior to the
passage of this Act, remain in the said department or government instrumentality;
Provided, That the department or government instrumentality exercising
administrative jurisdiction over said protected area or a portion thereof shall coordinate
with the DENR in the preparation of its management plans, upon the effectivity of this
Act.

Section 16 Integrated Protected Areas Fund

There is hereby established a trust fund to be known as Integrated Protected Areas


(IPAS) Fund for purposes of financing projects of the System.

The IPAS may solicit and receive donations, endowments, and grants in the form of
contributions, and such endowments shall be exempted from income or gift taxes and
all other taxes, charges or fees imposed by the Government or any political subdivision
or instrumentality thereof.

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. Taxed 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; and
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 PAMBs, in the amounts authorized by the DENR.

Section 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 in force and other
pertinent information, together with recommendations.

Section 18 Field Officers

All officials, technical personnel and forest guards employed in the integrated protected
area service or 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 and make arrests in accordance with the
rules on criminal procedure for the violation of laws and regulations relating to
protected areas. Persons arrested shall be brought to the nearest police precinct for
investigation.

Nothing herein mentioned shall be construed as preventing regular enforcers and


police officers from arresting any person in the act of violating said laws and
regulations.

Section 19 Special Prosecutors

The Department of Justice shall designate special prosecutors to prosecute violations of


laws, rules and regulations in protected areas.

Section 20 Prohibited Acts

Except as may be 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;
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);
e. Damaging and leaving roads and trails in a damaged condition;
f. Squatting, mineral locating, or 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 or unsanitary conditions refuse or debris, or depositing in
ground or in bodies of water; and
i. Altering, removing destroying or defacing boundary marks or signs.

Section 21 Penalties

Whoever violates this Act or any rules and regulations issued by the Department
pursuant to this Act or whoever is found guilty by a competent court of justice of any of
the offenses in the preceding section shall be fined in the amount of not less than Five
thousand pesos (P5,000) nor more than Five hundred thousand pesos (P500,000),
exclusive of the value of the thing damaged or imprisonment for not less than one (1)
year but not more than six (6) years, or both, as determined by the court: Provided,
That, 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: Provided, further, That 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: Provided, finally, That
the DENR may impose administrative fines and penalties consistent with this Act.

Section 22 Separability Clause

If any part or section of this Act is declared unconstitutional, such declaration shall not
affect the other parts or section of this Act.

Section 23 Repealing Clause

All laws, presidential decrees, executive orders, rules and regulations inconsistent with
any provisions of this Act shall be deemed repealed or modified accordingly.

Section 24 Effectivity Clause

This Act shall take effect fifteen (15) days after its complete publication in two (2)
newspapers of general circulation.

Approved,
Neptali A. Gonzales
President of the Senate
Ramon V. Mitra
Speaker of the House of Representatives
This Act which is a consolidation of House Bill No. 34696 and Senate Bill No. 1914
was finally passed by the House of Representatives and the Senate on February 6, 1992.
Anacleto D. Badoy, Jr.
Secretary of the Senate
Camilo L. Sabio
Secretary General, House of Representative
Approved: June 01, 1992
Corazon C. Aquino
President of the Philippines
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Acknowledgement: Text from unspecified source.

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last updated 1st August 1998


Asia-Pacific Centre for Environmental Law
Faculty of Law
National University of Singapore
© 1998

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