AN ACT ESTABLISHING MT. KANLA-ON LOCATED IN THE CITIES OF BAGO
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AN ACT ESTABLISHING MT. KANLA-ON LOCATED IN THE CITIES OF BAGO
Republic Act No. 9154
August 11, 2001
Case Overview and Summary
Summary of Mt. Kanla-on Natural Park (MKNP) Act of 2001Policies and Objectives
• Declares the policy of the State to ensure the protection and conservation of Mt. Kanla-on's biological resources, including its communities and their culture, through sustainable and participatory development. (Section 2)
• Defines key terms such as bioprospecting, commercial, exotic species, indigenous cultural communities/indigenous peoples (ICCs/IPs), natural park, non-government organization (NGO), non-renewable resources, Protected Area Management Board (PAMB), Protected Area Superintendent (PASu), protected species, and tenured migrant. (Section 3)
Declaration and Scope
• Declares and establishes Mt. Kanla-on in the Island of Negros as a protected area under the category of a natural park, with boundaries and an approximate total land area of 24,388 hectares. (Section 4)
• Establishes a buffer zone of 169 hectares for geothermal energy exploration, development, and utilization, subject to conditions. (Section 5)
Management, Management Plan, and Zoning
• Vests the management and administration of the MKNP with the PAMB, with the management of zones to be consultative and participatory. (Section 6)
• Requires local government units to participate in the management through representation in the PAMB and ensure consistency of local ordinances with the Act and Management Plan. (Section 7)
• Mandates the preparation of a Management Plan within one year, containing provisions such as a 30-year applicability period, key management issues, goals and objectives, site management strategies, zoning, management programs, mechanisms for protecting ICCs/IPs and tenured migrants, sustainable livelihood activities, and regulations. (Section 8)
• Requires the establishment of zones within the MKNP, considering protection, conservation, tenurial concerns, and livelihood concerns of communities, with demarcation and mapping involving communities and stakeholders. (Section 9)
Institutional Mechanisms, Roles, and Functions of Management
• Establishes the PAMB as the policymaking body, with its composition, term of office, and meeting requirements specified. (Section 10)
• Outlines the functions of the PAMB, including issuing rules and regulations, permits, approving projects and plans, deputizing individuals for enforcement, accepting donations, coordinating with agencies, and retaining legal counsel. (Section 11)
• Establishes the Office of the PASu within the DENR, headed by the PASu, with specified qualifications and functions such as preparing the Management Plan, serving as the PAMB Secretariat, hiring personnel, enforcing laws, and monitoring activities. (Section 12)
Ancestral Lands/Domains and Tenured Migrants
• Recognizes the rights of ICCs/IPs to their ancestral lands and domains, subject to existing property rights, and their traditional property regimes. (Section 13)
• Defines tenured migrants and provides for the issuance of tenurial instruments over occupied areas, not exceeding 3 hectares, with conditions and limitations on transferability. (Section 14)
Prohibited Acts
• Specifies prohibited acts within the MKNP, such as hunting, collecting, or possessing wild plants or animals without a permit, cutting or removing forest products without a permit, introducing exotic species, engaging in kaingin or causing forest fires, with corresponding fines of not less than ₱5,000 but not more than ₱500,000 and imprisonment of not less than 6 years and 1 day but not more than 12 years. (Section 15A)
• Lists additional prohibited acts, such as violating the Management Plan, vandalizing natural formations, dumping deleterious substances, using motorized equipment without a permit, grazing livestock for commercial purposes, occupying land without a permit, and conducting bioprospecting without a permit, with corresponding fines of not less than ₱5,000 but not more than ₱250,000 and/or imprisonment of not less than 6 months but not more than 6 years, and restoration and rehabilitation of damage. (Section 15B)
• Imposes penalties on public officers who fail to prosecute violators, with a fine of not less than ₱100,000 but not more than ₱500,000 and/or imprisonment of not less than 6 months but not more than 6 years, and perpetual disqualification from public office. (Section 15C)
• Increases penalties for offenses involving protected species to imprisonment of not less than 12 years and 1 day but not more than 20 years and a fine of not less than ₱500,000 to ₱1,000,000, in addition to accessory penalties such as eviction, payment of damages, and forfeiture of equipment and resources. (Section 15D)
• Allows the PASu or deputized personnel to arrest without a warrant and seize tools, equipment, and resources used in committing offenses, and file necessary charges. (Section 15F)
• Requires the designation of a special prosecutor by the Department of Justice within 30 days to handle cases of violation in the MKNP. (Section 16)
Proceeds and Fees
• Establishes the Integrated Protected Areas Fund (IPAF) to finance projects of the system, with income derived from fees, proceeds from permitted sale and export of flora and fauna, lease of multiple-use areas, contributions from industries and facilities, grants, and donations. (Section 17)
• Specifies the allocation of the IPAF, with 25% for the national government's support of the National Integrated Protected Areas System and 25% for the local government units comprising the MKNP. (Section 17)
Existing Facilities
• Requires existing commercial facilities within the MKNP with a total capitalization of not less than ₱100,000 to submit a sworn statement containing information about their potential impact, emissions, resource extraction, and future plans within 90 days. (Section 18)
• Allows the PAMB to determine whether the existence and operation of such facilities will be detrimental to the MKNP and prescribe conditions for their operation, with penalties for non-compliance. (Section 18)
Utilization of Resources
• Allows the use of resources derived from the MKNP by tenured migrants and ICCs/IPs for domestic needs or subsistence, except for protected species or when detrimental to the ecosystem. (Section 19)
• Permits livelihood activities requiring the use of resources from the MKNP when sustainable, consistent with the Management Plan, and upon prior PAMB approval, with only non-timber products allowed for livelihood purposes. (Section 19)
• Prohibits the exploration, exploitation, or utilization of non-renewable resources within the MKNP for commercial purposes or by non-tenured migrants or non-ICCs/IPs. (Section 19)
• Requires prior PAMB approval and compliance with the Management Plan and Environmental Impact Statement (EIS) System for commercial exploitation of water resources within the MKNP. (Section 19)
Transitory and Miscellaneous Provisions
• Requires the DENR Secretary to include the implementation of the Act in its program, with funding charged against the IPAF and appropriations under the annual General Appropriations Act. (Section 20)
• Mandates a liberal construction of the Act's provisions in favor of tenured migrants and ICCs/IPs and with due consideration to biodiversity protection, with the NIPAS Act as suppletory. (Section 21)
• Includes a separability clause. (Section 22)
• Provides for transitory provisions, including the retention of the incumbent PAMB members and staff until a new PAMB is convened within 3 months, and the preparation of Implementing Rules and Regulations within 3 months. (Section 23)
• Repeals or modifies inconsistent laws, proclamations, rules, and regulations. (Section 24)
• Requires the translation and publication of the Act in various languages and posting in conspicuous places, with the Act taking full force and effect 15 days after the last publication and posting. (Section 25)
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Mt. Kanla-on Natural Park
protected area
natural park
biodiversity
conservation
indigenous cultural communities
indigenous peoples
tenured migrants
geothermal energy
buffer zone
management plan
zoning
Protected Area Management Board
ancestral lands
prohibited acts
penalties
Integrated Protected Areas Fund
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AN ACT ESTABLISHING MT. KANLA-ON LOCATED IN THE CITIES OF BAGO
Republic Act No. 9154
•August 11, 2001
Republic of the PhilippinesCONGRESS OF THE PHILIPPINESMetro Manila
Eleventh Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand.
REPUBLIC ACT NO. 9154 August 11, 2001
AN ACT ESTABLISHING MT. KANLA-ON LOCATED IN THE CITIES OF BAGO, LA CARLOTA, AND SAN CARLOS AND IN THE MUNICIPALITIES OF LA CASTELLANA AND MURCIA, ALL IN THE PROVINCE OF NEGROS OCCIDENTAL, AND IN THE CITY OF CANLAON AND MUNICIPALITY OF VALLEHERMOSO, BOTH IN THE PROVINCE OF NEGROS ORIENTAL, AS A PROTECTED AREA AND A PERIPHERAL AREA AS BUFFER ZONE PROVIDING FOR ITS MANAGEMENT, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE ITITLE, POLICIES AND OBJECTIVES
Section 1. Title. - This Act shall be known as the Mt. Kanla-on Natural Park (MKNP) Act of 2001.
Section 2. Statement of Policy. - Considering the diversity of Mt. Kanla-on's biological resources and its aesthetic, socio-cultural, economic and ecological importance to the Island of Negros, it is hereby declared the...
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