Expanded National Integrated Protected Areas System Act of 2018

Case Overview and Summary

Summary of Republic Act No. 11038 (Expanded National Integrated Protected Areas System Act of 2018):

Declaration of Policy (Section 2):
- Recognizes the importance of protecting and maintaining biodiversity and natural resources.
- Establishes the National Integrated Protected Areas System (NIPAS) to conserve ecologically rich areas and habitats of rare species.
- Promotes sustainable development and cooperation among stakeholders.

Definition of Terms (Section 4):
- Defines key terms related to protected areas, biodiversity, and natural resources.

Establishment and Extent of the System (Section 5):
- Designates specific areas as initial components of NIPAS, including national parks, wildlife sanctuaries, and protected landscapes.
- Requires the DENR to delineate and demarcate boundaries of protected areas.
- Allows for the addition of new areas to NIPAS through a prescribed process.

Buffer Zones (Section 8):
- Allows the DENR Secretary to designate buffer zones around protected areas for additional protection.

Management Plan (Section 9):
- Requires the formulation of a management plan for each protected area within one year of establishment.
- Promotes the adoption of innovative management techniques and harmonization with other plans.

Administration and Management (Section 10):
- Places NIPAS under the control and administration of the DENR.
- Outlines the powers and responsibilities of the DENR Secretary in managing the system.

Protected Area Management Board (PAMB) (Section 11):
- Establishes a PAMB for each protected area, composed of representatives from various sectors.
- Outlines the composition, appointment process, and terms of PAMB members.

Powers and Functions of the PAMB (Section 11-A):
- Outlines the powers and functions of the PAMB, including overseeing management, approving plans and policies, allocating financial resources, and recommending policy changes.

Protected Area Management Office (PAMO) (Section 11-B):
- Establishes a PAMO headed by a Protected Area Superintendent (PASU) for each protected area.
- Outlines the duties and responsibilities of the PASU in managing and administering the protected area.

Environmental Impact Assessment (EIA) (Section 12):
- Requires proponents of development projects with potentially significant adverse impacts to secure an Environmental Compliance Certificate (ECC).

Ancestral Domains and Customary Rights (Section 13):
- Recognizes and respects ancestral domains and customary rights of indigenous communities.
- Promotes coordination between traditional leadership and government agencies.

Energy Resources (Section 14):
- Allows exploration for energy resources within protected areas for data gathering purposes only.
- Prohibits the development and operation of non-renewable energy projects in strict nature reserves and natural parks.
- Allows renewable energy projects with conditions and requirements.

Areas under Other Departments (Section 15):
- Maintains the jurisdiction of other government instrumentalities over protected areas under their management, with DENR oversight.

Integrated Protected Area Fund (IPAF) (Section 16):
- Establishes the IPAF to finance projects and operations of protected areas.
- Outlines the sources of income for the IPAF and the distribution of funds.
- Exempts grants, bequests, and donations to the IPAF from donor's tax.

Prohibited Acts and Penalties (Sections 20-21):
- Lists prohibited acts within protected areas, such as poaching, illegal logging, pollution, and unauthorized construction.
- Outlines penalties for violations, including fines ranging from ₱200,000 to ₱5,000,000 and imprisonment from 1 to 12 years, depending on the offense.

Existing Rights and Facilities (Sections 22-24):
- Protects existing property and private rights within protected areas, subject to harmonization with the Act.
- Provides for the assessment and management of existing facilities within protected areas.

Special Uses and Local Government Units (Sections 25-26):
- Allows special uses within protected areas, subject to conditions and fees.
- Outlines the participation and responsibilities of local government units in protected area management.

Reporting, Appropriations, and Oversight (Sections 27-31):
- Requires reporting on the status and conditions of protected areas.
- Provides for appropriations for the implementation of the Act.
- Establishes a Joint Congressional Oversight Committee to monitor the implementation.

Implementing Rules and Regulations (IRR) and Transitory Provisions (Sections 32-33):
- Requires the DENR to prepare the IRR within 6 months of the Act's effectivity.
- Provides transitory provisions for the cessation of resource utilization permits within protected areas until management plans are in effect.