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NATIONAL INTEGRATED PROTECTED AREA SYSTEM ACT  TENURED MIGRANT COMMUNITIES are communities

OF 1992 (NIPAS) within the protected areas which have actually and
Republic Act 7586 continuously occupied such areas for 5 years before the
designation of the same as protected areas in accordance with
this act and are solely dependent therein for subsistence,
 Purpose: to secure the perpetual existence of all native plants  WILDLIFE SANCTUARY comprises an area which assures
and animals through the establishment of a comprehensive the natural conditions necessary to protect nationally
system of integrated protected areas. significant species, group of species, biotic communities or
 It classifies all the designated protected areas to maintain physical features of the environment where these may require
essential ecological processes and life-support systems, to specific human manipulation for their perpetuation.
preserve genetic diversity, to ensure sustainable use of
resources found therein, and to maintain their natural Note: The Tañon Strait, pursuant to Proclamation No. 1234, was set
conditions to the greatest extent possible. aside and declared a protected area under the category of protected
seascape.
DECLARATION OF POLICY
 No energy resource exploitation and utilization may be done
1. The law declares it as a policy of the state to secure for the in a protected seascape without a law for the purpose.
Filipino people of present and future generations the  RESIDENT MARINE MAMMALS vs. REYES, the court
perpetual existence of all native plants and animals through held that while PD 87 is sufficient to satisfy the requirement
the establishment of a comprehensive system of integrated of a general law, the absence of the two conditions required
protected areas within the classification of national park as by Sec. 4, Art 12 of the 1987 Constitution, to wit:
provided for in the constitution. 1. That the president be a signatory to Service
Contract-46; and;
Note: NIPAS act is aimed at overall biodiversity conservation, 2. That Congress be notified of such contract.
although “biodiversity” is not defined in the act or in its
implementing rules and regulations of 1992 (NIPAS IRR). The act Service contract involving the exploitation, development
focuses on habitant and ecosystem-related conservation, identifying and utilization of our natural resources are of paramount
forests, watersheds, coastal zones, coral reefs and other such areas interest to the present and future generations. Hence,
that represent a wide variety of ecosystems. safeguards were put in place to insure that the guidelines
set by law are meticulously observed and likewise to
NIPAS act takes into account irreplaceable areas with eradicate the corruption that may easily penetrate
unique natural characteristics and culturally important areas. departments and agencies by ensuring that the president has
authorized or approved of these service contracts herself.
CATEGORIES OF PROTECTED AREAS, to wit:
Note: Calauit Island, Busuanga, Palawan, declared a game preserve
1. Strict nature reserve; and wildlife sanctuary but later proclaimed by the President as an
2. Natural park; ancestral land belonging to the Indigenous Cultural Community of
3. Natural monuments; Tagbanua as their private but community property.
4. Wildlife sanctuary;
5. Protected landscape ad seascapes; ESTABLISHMENT AND EXTENT OF THE SYSTEM
6. Resource reserve;
7. Natural biotic areas; and  Section 5(a) of RA 7586 provides that the establishment and
8. Other categories established by law, conventions or operationalization of the system shall involve the following:
international agreements to which the Philippine a. All areas or islands in the PH proclaimed, designated or
government is a signatory. set aside, pursuant to a law, presidential decree,
presidential proclamation or executive order as a national
DEFINITION OF TERMS (just read the others) to wit: park, game refuge, bird and wildlife sanctuary,
wilderness area, strict nature reserve, watershed,
 NIPAS is the classification and administration of all mangrove reserve, fish sanctuary, natural and historical
designated protected areas to maintain essential ecological landmark, protected and managed landscape/seascape as
processed and life-support systems, to preserve genetic well as identified virgin forests before the effectivity of
diversity, to ensure sustainable use of resources found therein, the act are hereby designated as initial components of the
and to maintain their natural conditions to the greatest extent system. The initial components of the system shall be
possible. governed by existing laws, rules and regulations, not
 PROTECTED AREAS refers to the identified portions of land inconsistent with this act.
and water set aside by reason of their unique physical and  Buffer Zones – for each protected area, peripheral buffer
biological significance, managed to enhance biological zones shall be established to protect the same from activities
diversity and protected against destructive human that will directly and indirectly harm it. Buffer Zones shall
exploitation. include public and private lands. The DENR shall exercise the
 BUFFERS ZONES identified areas outside the boundaries of same authority over buffer zones in the same manner as
and immediately adjacent to designated protected areas that protected areas.
need special development control in order to avoid or  Management Plans – there shall be a general management
minimize harm to the protected area. planning strategy to serve as a guide in formulating individual
 PROTECTED LANDSCAPES/SEASCAPES are areas of plans for each protected area.
national significance which are characterized by the
harmonious interaction of man and land while providing Management Plans must contain the following:
opportunities for public enjoyment through recreation and
tourism within the normal lifestyle and economic activity of 1. An individual management plan prepared by three
these areas. experts;
2. Basic background information; 3. Use of any motorized equipment without a
3. Field inventory of the resources within the area; permit from the management board;
4. An assessment of assets and limitation; 4. Mutilating, defacing or destroying objects of
5. Regional interrelationships natural beauty or objects of interest to cultural
6. Particular objectives for managing the area; communities (of scenic value);
7. Appropriate division of the area into management zones; 5. Damaging and leaving roads and trails in a
8. A review of the boundaries of the area; and damaged condition;
9. A design of the management programs. 6. Squatting, mineral locating, or otherwise
occupying any land;
ADMINISTRATION AND MANAGEMENT OF THE SYSTEM 7. Constructing or maintaining any kind of
structure, fences or enclosures, conducting any
 The NIPAS has been placed under the control and business enterprise without a permit;
administration of the DENR. 8. Leaving in exposed or unsanitary conditions
 The DENR secretary is empowered to perform the following refuse or debris, or depositing in ground or in
acts (see pg. 399-400 for the enumeration) bodies of water; and
 PROTECTED MANAGEMENT BOARD 9. Altering, removing destroying or defacing
o Composition- regional executive director, a boundary marks or signs.
representative from the autonomous regional
government (if applicable), provincial Note: Bataan Natural Park is inalienable – the illegal possession or
development officer, one representative each sale of rights of portions thereof is prohibited under the IRR of
from the municipality government, barangay NIPAS Act.
covering the protected area and tribal community
(if applicable), three representative from non-
government organizations/local community
organizations; and one representative each from
other departments or national government
agencies involved in protected area management.
o Term: shall serve for a term of 5 years without
compensation EXCEPT for actual travelling and
subsistence expenses incurred in the performance
of their duties.
o They shall be appointed by the DENR
Secretary.

ENVIRONMENTAL IMPACT ASSESSMENT

 Proposals for activities which are outside the scope of the


management plan for protected areas shall be subject to an
environmental impact assessment before they are adopted, and
the results thereof shall be taken into consideration in the
decision-making process.
 No actual implementation of such activities shall be allowed
without the required Environmental Compliance Certificate
(ECC) under the Philippine Environmental Impact Assessment
System (ELA).
 Ancestral Lands and Rights Over Them- the DENR shall
prescribe rules and regulations to govern ancestral lands within
protected areas. However, the DENR shall have NO POWER
to neither evict indigenous communities from their present
occupancy nor resettle them to another area without their
consent.
 No exploitation and utilization of energy resources found
within NIPAS shall be allowed unless through a law passed by
the Congress.

PROHIBITED ACTS

 Except as may be allowed by the nature of their categories and


pursuant to rules and regulations governing the same, the
following acts are prohibited within the protected areas, to
wit:

1. Hunting ,destroying , disturbing or mere


possession of any plants or animals or products
derived therefrom without a permit from the
Management Board;
2. Dumping of any waste products detrimental to
the protected area, or to the plants and animals
or inhabitants therein;

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