NIPAS law (RA 7586)
NIPAS law (RA 7586)
NIPAS law (RA 7586)
Section 1 Title
This Act shall be known and referred to as the National Integrated Protected Areas
System Act of 1992.
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
For purposes of this Act, the following terms shall be defined as follows:
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;
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;
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:
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.
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).
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.
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.
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 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:
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.
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.
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.
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.
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.
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.
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:
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.
If any part or section of this Act is declared unconstitutional, such declaration shall not
affect the other parts or section of this Act.
All laws, presidential decrees, executive orders, rules and regulations inconsistent with
any provisions of this Act shall be deemed repealed or modified accordingly.
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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