Tirad Pass Protected Landscape Act

Case Overview and Summary

Summary of the Tirad Pass Protected Landscape Act

Establishment and Declaration of Policy (Sections 1-6):
- Declares a parcel of land in Ilocos Sur as the Tirad Pass Protected Landscape (TPPL), a protected area under the National Integrated Protected Areas System (NIPAS).
- Recognizes the area's biological and ecological importance, and aims to conserve and protect it through sustainable development principles.
- Defines key terms such as "buffer zones", "conservation", "indigenous cultural communities (ICCs)/indigenous peoples (IPs)", "national park", "protected area", "protected landscape", and "tenured migrants".
- Provides the specific boundaries and coverage of the TPPL, comprising around 7,507.60 hectares.
- Allows the establishment of buffer zones around the TPPL for additional protection.

Management Mechanisms (Sections 7-9):
- Establishes a Protected Area Management Board (PAMB) within 90 days to oversee the TPPL's management, with representatives from various government agencies, LGUs, NGOs, IPs, and other stakeholders. (Section 7)
- Outlines the powers and functions of the PAMB, including approving policies, plans, and programs; allocating financial resources; setting fees and charges; resolving conflicts; and monitoring compliance. (Section 8)
- Creates a Protected Area Management Office (PAMO) headed by a Protected Area Superintendent (PASu) to handle the day-to-day management, protection, and administration of the TPPL. (Section 9)
- Specifies the duties and responsibilities of the PASu, such as preparing management plans, enforcing laws and regulations, issuing permits and clearances, and collecting fees and charges. (Section 9)

Proceeds and Fees (Section 10):
- Establishes the Tirad Pass Protected Landscape Integrated Protected Area Fund (TPPL-IPAF) to finance projects for the TPPL and NIPAS.
- Outlines the sources of income for the TPPL-IPAF, including fees from permitted sale and export of flora and fauna, lease proceeds, contributions from benefiting industries, and other fees.
- Allocates 75% of revenues to the Protected Area-Retained Income Account (PA-RIA) for the TPPL's protection, maintenance, administration, and management.
- Allocates the remaining 25% of revenues to a special account in the National Treasury for financing NIPAS programs and projects.

Transitory and Miscellaneous Provisions (Sections 11-16):
- Requires the DENR Secretary to include the implementation of this Act in the Department's program and secure funding through the annual General Appropriations Act. (Section 11)
- Provides for the suppletory application of the NIPAS Law (Republic Act No. 7586, as amended by Republic Act No. 11038) to this Act. (Section 12)
- Requires the DENR Secretary to issue implementing rules and regulations within 90 days, in consultation with LGUs and concerned agencies. (Section 13)
- Includes a separability clause and a repealing clause for inconsistent laws, decrees, and issuances. (Sections 14-15)
- Sets the effectivity date of the Act to 15 days after its publication in the Official Gazette or a newspaper of general circulation. (Section 16)