Republic Act No 11038 "National Integrated Protected Areas System (NIPAS) Act of 1992"
Republic Act No 11038 "National Integrated Protected Areas System (NIPAS) Act of 1992"
Republic Act No 11038 "National Integrated Protected Areas System (NIPAS) Act of 1992"
11038
An Act Declaring Protected Areas and Providing for Their Management, Amending for This Purpose Republic Act No. 7586,
Otherwise Known as the "National Integrated Protected Areas System (NIPAS) Act of 1992" and for Other Purposes
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 "Expanded National Integrated Protected Areas System Act of 2018" .
Section 2. Section 2 of Republic Act No. 7586 is hereby amended to read as follows:
"Sec. 2. Declaration of Policy. - Cognizant of the profound impact of human 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 for 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 to conserve and protect our natural heritage; that effective administration of these areas is possible only through
cooperation among the national government, local governments, concerned nongovernment organizations, private organizations, and
local communities; that the use and enjoyment of these protected areas much 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 ecologically
rich and unique areas and biologically important public lands that are habitats of rare and threatened species of plants and animals,
biogeographic zones and related ecosystems, whether terrestrial, wetland or marine, all of which shall be designated as 'protected
areas'. The System shall recognize conservation areas and the management regimes being implemented by local government units
(LGUs), local communities and indigenous peoples (IPs).
"The State shall ensure the full implementation of this Act, the mobilization of resources for the institutional mechanisms herein
established, and the full scientific and technical support needed for the conservation of biodiversity and the integrity of the
ecosystems, culture and indigenous practices."
(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
old growth forests identified before the effectivity of this Act or still to be identified, 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.
"(a.1.) Establishment as Protected Areas. - Aside from the areas already declared as protected areas through acts of Congress, the
following parcels of land and/or bodies of water are hereby established as protected areas within the classification of national park
pursuant to the Philippine Constitution:
"The DENR, with the assistance of other government agencies, if necessary, shall delineate and demarcate on the ground the
boundaries of each protected area which shall not be modified except by an act of Congress.
"(a.2.) The Remaining Initial Components. - Within three (3) years from the effectivity of this Act, the DENR shall undertake the
following activities in preparation for the establishment of the remaining initial components as protected areas through an act of
Congress:
Any initial component that does not satisfy the abovementioned requirements shall be disestablished pursuant to Section 7 of this
Act.
"(b) All DENR records pertaining to said protected areas, including maps and technical 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) and Protected Area Management Offices (PAMOs) where protected
areas are located;
"(c) The DENR shall conduct a suitability assessment for each of the proposed protected area. If found suitable for inclusion in the
System according to the categories established in Section 3 hereof, a report containing the following items shall be submitted to the
president as soon as the study is completed, to wit:
"(1) A Protected area occupants survey;
"(2) An ethnographic study;
"(3) A protected area resource profile;
"(4) Land and water use plans; and
"(5) Other background studies.
"(d) In the conduct of public consultation, the DENR shall:
"(1) Notify the public of proposed action through publication in a newspaper of general circulation and such other means including
notices to the stakeholders that will likely be affected within the respective localities, thirty (30) days prior to the public consultation;
"(2) Conduct public consultation at locations near the proposed protected area;
"(3) Invite all local government units (LGUs) in the affected areas, national agencies concerned, people's organizations (POs) and
nongovernment organizations (NGOs) and request for corresponding postion papers; and
"(4) Prepare recommendations based on the views and comments gathered from public consultation;
"(e) Upon receipt of the recommendations of the DENR, the President shall issue a proclamation establishing the proposed protected
areas and providing for measures for their protection until the time when Congress shall have enacted a law finally declaring the
recommended areas as part of the System; and
"(f) Upon completion of the appropriate review, the President shall recommend to the Senate and the House of Representatives the
designations of protected areas ot reclassification of each area."