AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF NATIONAL INTEGRATED PROTECTED AREAS SYSTEM

Case Overview and Summary

Title: National Integrated Protected Areas System Act of 1992

Declaration of Policy (Section 2):
- Establish a comprehensive system of integrated protected areas to secure the perpetual existence of native plants and animals for present and future generations.
- Recognize the ecological values of these areas and the need for effective administration through cooperation among government, local communities, and organizations.

Categories of Protected Areas (Section 3):
- Strict nature reserve
- Natural park
- Natural monument
- Wildlife sanctuary
- Protected landscapes and seascapes
- Resource reserve
- Natural biotic areas
- Other categories established by law or international agreements

Definitions (Section 4):
- Defines terms such as "National Integrated Protected Areas System (NIPAS)", "protected area", "buffer zones", "indigenous cultural community", "national park", "natural monuments", "natural biotic area", "natural park", "protected landscapes/seascapes", "resource reserve", "strict nature reserve", "tenured migrant communities", and "wildlife sanctuary".

Establishment and Extent of the System (Section 5):
- Designates existing protected areas as initial components of the System.
- Requires the DENR to submit maps and legal descriptions of each protected area within one (1) year.
- Requires the DENR to study and review each area for suitability within three (3) years, conduct public hearings, and make recommendations to the President.
- The President shall issue proclamations designating recommended areas as protected areas and send recommendations to Congress for final declaration.

Additional Areas and Disestablishment (Sections 6 and 7):
- Allows for the integration of additional areas with outstanding features and biological diversity.
- Provides for the disestablishment or modification of boundaries of protected areas through an act of Congress.

Buffer Zones (Section 8):
- Requires the establishment of peripheral buffer zones to protect the protected areas from harmful activities.

Management Plans (Section 9):
- Requires a general management planning strategy and individual management plans for each protected area.
- Management plans must include background information, resource inventory, objectives, zoning, boundaries, and management programs.

Administration and Management (Section 10):
- Places the NIPAS under the control and administration of the DENR.
- Establishes a Protected Areas and Wildlife Division in regional offices.
- Outlines the powers and responsibilities of the DENR Secretary in managing the System.

Protected Area Management Board (Section 11):
- Establishes a Protected Area Management Board for each protected area, composed of representatives from government agencies, local governments, indigenous communities, and non-government organizations.
- The Board shall decide on budget allocations, funding proposals, planning, and general administration of the area.

Environmental Impact Assessment (Section 12):
- Requires an environmental impact assessment for activities outside the scope of the management plan before implementation.
- Proponents shall minimize adverse effects and take preventive and remedial actions.

Ancestral Lands and Rights (Section 13):
- Recognizes ancestral lands and customary rights of indigenous communities within protected areas.
- The DENR shall prescribe rules and regulations governing ancestral lands, with the consent of indigenous communities.

Survey for Energy Resources (Section 14):
- Allows exploration for energy resources in protected areas, except strict nature reserves and natural parks, with minimal damage and approval from the DENR.
- Exploitation and utilization of energy resources shall be allowed only through a law passed by Congress.

Areas Under Other Departments (Section 15):
- Departments or government instrumentalities with jurisdiction over protected areas shall coordinate with the DENR in preparing management plans.

Integrated Protected Areas Fund (Section 16):
- Establishes a trust fund for financing projects of the System, which may receive donations, endowments, and grants.
- Incomes generated from the operation of the System shall accrue to the Fund.

Annual Report to Congress (Section 17):
- Requires the DENR to report annually to the President and Congress on the status of the System, regulations, and recommendations.

Field Officers and Special Prosecutors (Sections 18 and 19):
- Authorizes field officers to investigate, search, and make arrests for violations of laws and regulations related to protected areas.
- Requires the Department of Justice to designate special prosecutors to prosecute violations.

Prohibited Acts (Section 20):
- Lists prohibited acts within protected areas, such as hunting, dumping waste, using motorized equipment without a permit, damaging natural or cultural objects, squatting, constructing structures without a permit, and altering boundary marks.

Penalties (Section 21):
- Violators shall be fined not less than Five thousand pesos (P5,000) nor more than Five hundred thousand pesos (P500,000), and/or imprisoned for not less than one (1) year but not more than six (6) years.
- Additional penalties may include restoration, eviction, and forfeiture of collected resources and equipment.
- The DENR may impose administrative fines and penalties.

Separability Clause (Section 22)
Repealing Clause (Section 23)
Effectivity Clause (Section 24)