Republic Act 7586: NIPAS Act of 1992

• Republic Act 7586 provides for the establishment and management of the National Integrated Protected Areas System (NIPAS), defining its scope, coverage, and other related purposes.
• Approved on June 1, 1992
• Presided over by President Corazon C. Aquino

Title

• This act is known as the "National Integrated Protected Areas System Act of 1992".

Declaration of Policy

• Acknowledges the impact of human activities like resource exploitation on nature.
• Recognizes the importance of biodiversity protection, ecological balance, and natural resource conservation.
• Ensures the perpetual existence of native plants and animals for present and future Filipinos, via an integrated system of protected areas.
• Establishes NIPAS, covering outstanding environmental and biological areas, including land, wetland, and marine ecosystems.
• Encourages cooperation among national government agencies, local government units (LGUs), private organizations, and local communities
• Protected areas should balance conservation, biological diversity, and sustainable development.

Categories of Protected Areas

• Categories of protected areas include:
  • Strict Nature Reserve
  • Natural Park
  • Natural Monument
  • Wildlife Sanctuary
  • Protected Landscapes and Seascapes
  • Resource Reserve
• Natural Biotic Areas are also included.
• Other categories can be established by law, convention, or international agreements where the Philippines is a signatory.

Definition of Terms

• NIPAS is defined as the classification and administration of all designated protected areas to maintain ecological processes, life support systems, genetic diversity, sustainable resource use, and natural conditions.
• Protected Area refers to identified portions of land and water set aside because of their unique physical and biological significance.
• Buffer zones are identified areas outside and immediately adjacent to protected areas needing special development control to avoid harm.
• Indigenous cultural community denotes a group sharing common bonds (language, customs, traditions) and who have occupied, possessed, and utilized a territory since time immemorial.
• National Park is a forest reservation characterized by natural wilderness, withdrawn from exploitation except under an approved management plan, to conserve the area or preserve scenery and wildlife.
• Natural Monument is a smaller area that is focused on protection of nationally significant natural features and their unique characteristics.
• Natural Biotic Area is an area set aside to allow societies living in harmony with the environment to adopt modern technology at their own pace
• National Park is a large area protected for scientific, educational, and recreational use.

Protected landscape/seascape

• Areas of national significance, marked by the harmonious interaction of man and land: Provide opportunities for public enjoyment through recreation and tourism within the context of the local lifestyle

Resource Reserve

• Extensive, relatively isolated, and uninhabited areas designated to protect natural resources for future use and prevent development activities.

Strict Nature Reserve

• An area possessing outstanding ecosystems, features, and/or species of flora and fauna of national and scientific importance maintained to protect nature and for scientific study.

Definition of Terms

• Tenured migrant communities are communities within protected areas that have occupied the land for five years before the area's designation and depend on it for subsistence.
• Wildlife Sanctuary comprises an area guaranteeing natural conditions to protect nationally significant species, groups of species, or biotic communities.

Establishment and Extent of the System

• NIPAS includes existing national parks, wildlife sanctuaries, fish sanctuaries, and other protected areas declared before this Act.
• The DENR must submit a map and legal description of each protected area to Congress within one year.
• Copies of records, maps, and legal descriptions are publicly accessible at DENR Regional Offices (PENROs) and Community Environment and Natural Resources Offices (CENROs).
• Within three years, the DENR must study and review each protected area. The study must include:
  • Survey of forest occupants
  • Ethnographic and resource profile studies
  • Land use and background studies
• At least 30 days before hearings, DENR must publish a notice in a newspaper, hold public hearings, and consult with LGUs, national agencies and NGOs
• DENR makes recommendations to the President, who can issue a proclamation. Only Congress has the final authority to approve or reject designations.
• The DENR Secretary can propose additional areas if they are ecologically, biologically, and anthropologically significant.
• If a protected area no longer meets the criteria, Congress can pass a law to modify or remove its designation. After removal, the area may be transferred to another agency for a different use.

Buffer Zones

• Buffer zones are established around protected areas.
• They are regulated but may allow controlled development
• Management plans include buffer zone conservation strategies.

Management Plans

• A general management planning strategy guides individual management plans for each protected area.
• The strategy ensures conservation and sustainable use techniques.

Key Components of Management Plans:

• Zoning and Buffer Zone Management
• Habitat Conservation and rehabilitation
• Biodiversity Management
• Community Organizing,
• Socioeconomic and Scientific Research
• Site-Specific Policy Development
• Pest Management and Fire Control

Additional Management Requirements

• Individual management plan must be prepared by at least three experts.
• Background Information & Field Inventory: Documenting existing natural resources.
• Assessment of Assets and Limitations: Evaluating challenges and conservation opportunities.
• Regional Interrelationships: How the protected area connects with surrounding ecosystems
• Management Zoning: Dividing the area into specific zones for protection, tourism, and resource use.
• Boundary Review: Verifying physical and legal boundaries to prevent encroachments.
• Management Program Design: Creating long-term action plans.

Administration and Management of the System

• The NIPAS is under the control of the Department of Environment and Natural Resources (DENR)
• A Protected Areas and Wildlife Division (PAWD) is created in DENR Regional Offices, supervised by a Regional Technical Director.

The DENR Secretary has the power to

• Conduct Studies & Classification of protected areas.
• Adopt/enforce land-use and zoning plans.
• Review/approve management plans.
• Coordinate with agencies/organizations
• Submit Annual Report to President & Congress
• Regulate building & infrastructure
• Promulgate rules and regulations.
• Delegate powers/deputize field officers.
• Impose/collect NIPAS fees.
• Manage human settlements within protected areas.
• Standardize NIPAS Symbols & Signage
• Establish public utilities
• Issue Administrative Fines & Penalties
• Enter into contracts & agreements.
• Accept donations & grants
• Perform Other Functions as Directed by the President
• Create policies to enforce the NIPAS Act.
• Charge reasonable fees for activities benefiting from protected areas.
• Enforce fines for violations of conservation rules.
• Collaborate with private entities
• Receive funds for NIPAS conservation

Protected Area Management Board

• A Protected Area Management Board (PAMB) is created for each protected area.
• The PAMB is responsible for budget allocation, planning, protection, and administration.
• Board decisions are made by majority vote

Composition of PAMB

• Regional Executive Director (RED) of DENR (Chairperson)
• Representative from the Autonomous Regional Government (if applicable)
• Provincial Development Officer
• Representative from the Municipal Government
• Representative from each Barangay covering the protected area
• Representative from each Tribal Community (if applicable)
• At least three representatives from NGOs/local community organizations
• Representative from other relevant government agencies (necessary)

Responsibilities of PAMB

• Allocate budgets
• Approve funding proposals.
• Plan/manage protection strategies. Ensure public participation.
• Enforce conservation policies.
• PAMB members serve a five-year term without salary, except for reimbursement of travel and subsistence expenses.
• The DENR Secretary appoints the following members of the PAMB:
  • One representative from each LGU (down to the barangay level)
  • Three representatives from local NGOs
  • The DENR Regional Executive Director (RED) is an ex officio member.
• The RED serves as the Chairman of the PAMB.
• The DENR Secretary designates a RED as Chairperson if multiple REDs involved.
• Needed additional government agencies involved in protected area management are appointed by DEP

Environmental Impact Assessment

• Any proposed activity outside the approved management plan of a protected area must undergo an Environmental Impact Assessment (EIA).
• Results of the EIA must be considered in decision-making.
• Securing an Environmental Compliance Certificate (ECC) is a must. The proponent must:
  • Minimize environmental damage
• Take preventive and remedial actions
• Be held legally responsible

Ancestral Lands and Rights Over Them

• Recognizes ancestral lands and the customary rights of indigenous communities.
• The DENR is has the authority to regulate ancestral lands inside protected areas.
• All regulations affecting Indigenous communities must undergo public notice and hearing, and must allow members of the indigenous communities to participate in discussions

Survey for Energy Resources

• Protected areas (except strict nature reserves and natural parks) may be explored for energy resources for data-gathering.
• Any energy resource survey must have minimal environmental damage and be approved by the DENR and must follow a program.
• All survey results must be made public and submitted to the President
• Exploitation and utilization of energy resources within protected areas is prohibited unless specified by law.

Areas Under the Management of Other Departments and Government Instrumentalities

• Protected areas under the jurisdiction of other agencies remain under their control.
• These agencies must coordinate with DENR in preparing management plans.

Integrated Protected Areas Fund

• Establishes a trust fund called the Integrated Protected Areas Fund (IPAF):
• Fund may receive donations, taxes, proceeds, industries, and other income
• Funds are to be used for protection, maintenance, administration, and management only for NIPAS areas.
• DENR directly manages and disburses funds

Annual Report to Congress

• The DENR Secretary must submit an annual report that should include:
  • The status of protected areas under NIPAS
  • Existing regulations and policies
  • Other relevant information regarding the management and protection of NIPAS areas.
  • Recommendations for improving the system.

Field Officers

• DENR officials, technical personnel, forest guards are authorized on making arrests.
• Deputized personnel by DENR/PAMB have authority to arrest.
• Arrested individuals must be brought in to the nearest police precinct for investigation.
• Regular law enforcement officers can arrest violators

Special Prosecutors

• The DOJ must assign special prosecutors to handle cases.
• Special prosecutors will focus on prosecuting offenders who violate or ensure efficient action against environmental law violators.

Prohibited Acts

• The Prohibited Acts are illegal unless under allowed specific regulations.
  • Hunting, destroying, disturbing or mere possession of any plants or animals without permit
  • Use of motorized equipment without permit
  • Mutilating/destroying objects of natural beauty
  • Damaging and leaving roads and trails
  • Squatting mineral locating, land occupying
  • Constructing/maintaining any kind of structure with unsanitary conditions
  • Altering, removing, destroying, or defacing boundary marks or signs

Penalties for Violations

• Violators will face fines, imprisonment, or both as determined by the court.
• Violations can range from range from 尹5,000 to $500,000 and 1 year to 6 years, depending on the severity.
• The offender must restore/compensate for damage.
• Eviction from the protected area if illegally occupying the land.
• Forfeiture of all collected materials/tools/equipment.
• the president or manager will be held liable for the actions of employees if the offender is a company or an organization
• DENR may impose administrative fines and penaltie

Separability Clause

The document states if any part of a section of this Act is declared unconstitutional, the declaration shall not affect the other parts of the sections in this Act.

Repealing Clause

• The act says any existing laws, presidential decrees, and executive orders that are inconsistent with this Act are repealed

Effectivity Clause

• The act takes effect 15 days after its complete publication in two newspapers of general circulation.