Naga-Kabasalan Protected Landscape Act

Case Overview and Summary

Summary of the Naga-Kabasalan Protected Landscape Act

Declaration of Policy (Section 2)
- Declares the policy of the State to secure the perpetual existence of native plants and animals through protected areas under the National Integrated Protected Areas System (NIPAS).
- Recognizes the richness of biological resources in Naga and Kabasalan, and declares a parcel of land in these municipalities as the Naga-Kabasalan Protected Landscape (NKPL) with the category of protected landscape.
- Ensures the conservation, protection, management, and rehabilitation of the NKPL through cooperation among government, NGOs, private entities, and local communities.

Definition of Terms (Section 3)
- Defines key terms such as buffer zones, conservation, indigenous cultural communities/indigenous peoples, national park, protected area, protected landscape, and tenured migrants.

Classification and Coverage (Sections 4 and 5)
- Classifies the NKPL as a national park under the Constitution.
- Describes the specific boundaries and area (5,505.45 hectares) of the NKPL.

Buffer Zones (Section 6)
- Allows the DENR Secretary, upon recommendation of the PAMB, to designate buffer zones around the NKPL for additional protection.

Protected Area Management Board (PAMB) (Section 7)
- Establishes the PAMB to oversee the management of the NKPL within 90 days of the Act's effectivity.
- Specifies the composition of the PAMB, including representatives from government agencies, LGUs, NGOs, IPs, academic institutions, and the private sector.

Powers and Functions of the PAMB (Section 8)
- Lists the powers and functions of the PAMB, including approving policies, plans, and programs; allocating financial resources; setting fees and charges; issuing rules and regulations; monitoring and assessing performance; and recommending the appointment of the Protected Area Superintendent (PASu).

Protected Area Management Office (PAMO) (Section 9)
- Establishes the PAMO, headed by the PASu, to manage the day-to-day operations of the NKPL.
- Outlines the duties and responsibilities of the PASu, including preparing management plans, enforcing laws and regulations, issuing permits and clearances, collecting fees and charges, and reporting to the PAMB and DENR.

Naga-Kabasalan Protected Landscape Integrated Protected Area Fund (NKPL-IPAF) (Section 10)
- Establishes the NKPL-IPAF trust fund to finance projects of the NKPL and NIPAS.
- Specifies the sources of income for the fund, including fees, proceeds, lease of multiple-use areas, and contributions.
- Allocates 75% of revenues to the Protected Area-Retained Income Account (PA-RIA) for the NKPL, and 25% to the general fund for NIPAS projects.
- Allows the fund to be augmented by grants, donations, and endowments.

Appropriations (Section 11)
- Requires the DENR Secretary to include the implementation of this Act in the Department's program and funding in the annual General Appropriations Act.

Implementing Rules and Regulations (Section 13)
- Requires the DENR Secretary to issue implementing rules and regulations within 90 days of the Act's effectivity, in consultation with LGUs and concerned agencies.

Separability Clause (Section 14)
- Includes a separability clause to ensure the remaining provisions remain in effect if any part is held unconstitutional or invalid.

Repealing Clause (Section 15)
- Repeals or modifies any laws, decrees, executive orders, rules and regulations inconsistent with this Act.

Effectivity (Section 16)
- Specifies that the Act shall take effect 15 days after its publication in the Official Gazette or a newspaper of general circulation.