Mts.

Iglit - Baco Natural Park Northern Sierra Madre Natural Park

Republic Act No. 11038

Expanded National Integrated Protected
Areas System Act of 2018 and its Implementing Rules and Regulations

RULES ON SPECIAL USES AND

ALLOWABLE PROJECTS AND
INFRASTRUCTURES IN
PROTECTED AREAS
Sec. 12, 14 ,24, and 25 By Reneo Vicente

Turtle Islands Wildlife Sanctuary Apo Reef Natural Park

 Session Objectives

1) Enumerate and discuss the different facilities,

infrastructures and projects that may be allowed in PAs;

2) Understand the considerations, requirements and other

provisions on Special Uses;

3) Understand how the SAPA fee is computed; and

4) Internalize the roles of PASus relevant to Special Uses.

OUTLINE
Allowable
Considerations for
Uses SU

Other
Provisions
on SU Provisions on
Energy
Resources

SPECIAL Additional
USES Requirements

EIS

Existing
Facilities
SAPA
Rate

Penalties and
surcharges
• Jan 31, 2011. SAPA was suspended meantime that DAO 2007-17
is being reviewed to provide uniform set of guidelines for the
determination of user’s fee.
• Sept. 16, 2016, DAO 2016-24 was issued providing the rates of
fees for entrance and use of facilities and resources in PAs.
• After so many attempts, the SAPA was finally lifted on March 15,
2018
• July 18, 2018 the processing for new SAPA applications were
withheld until further notice.
• RA 11038 and its IRR provided broader safety measures for the use
of SAPA
• August 1, 2019, ASSB signed a memo advising REDs to accept and
process new SAPA applications in view of the ENIPAS and its IRR.
• August 7, 2019, the suspension on the processing of new SAPA
application was lifted.
 What are the Allowable Special Uses?
DAO 2008-26
Activities and/or developments such as
ecotourism,
camp sites,
communication,
transmission,
scientific monitoring stations/facilities,
irrigation canals or waterways,
rights of way,
aquaculture,
agro-forestry and forest plantations,
Shall be allowed in the multiple use and buffer
zones of the protected areas provided they are
consistent with the CPHPL Management Plan.
Section 14, ENIPAS Act
Renewable energy projects and exploration for
energy resources
DAO 2019-05
Activities and/or development interventions that
may be allowed in designated portions of
protected areas subject to the payment of user
fee. This may include but not be limited to:
 hotels, resorts and other tourism facilities
 communication facilities
 large scale power generation projects and
transmission lines
 large scale agriculture and aquaculture
projects.
Excluded from the coverage are activities and development
interventions in titled properties, areas already covered by
foreshore and miscellaneous leases as well as Forest Land
Use Agreements/Forest Land Use Agreements for Tourism
issued by the DENR, and other regular uses of protected
areas as indicated in the protected area management plan.
 Current Status of SAPA
Region Name of PA Name of Holder Approved Project Type SAPA Fee (PhP)
Area
CAR Upper Agno SN Aboitiz Power- 88,481 Ambuklao Hydro Electric 425,000.00/year
River Basin Benguet, Inc.(formerly sq.m. Power Plant (AHEPP)
Resource SN Aboitiz Power Hydro,
Reserve Inc.)
Lower Agno SN Aboitiz Power- 89,887m2. Binga Hydro Electric Power 430,000.00/year
Watershed Benguet, Inc.(formerly Plant (BHEPP)
Forest SN Aboitiz Power Hydro,
Reserve Inc.)
3 Masinloc- Alpha Water and Realty 170,025 Unloading jetty, small craft 15,000.00/month
Oyon Bay Services Corporation sq.m jetty, discharge channel and
Marine (AWRSC) reclaimed land
Reserve Alpha Waters and Realty 40.55 ha. Cooling water discharge 152,699.20/month
Services Corporation canal/circulating water
(AWRSC) intake pipe
Bataan Westshore Dev't. Corp. 277.50 ha.Ecotourism Cultural Project 100,000/yr for first 5 yrs (2008-2012)
National Park 200,000/yr for the 6th-10th year (2013-
2017
300,000/yr for the 11th -15th year (2018-
2022)
450,000/yr for the 16th-20th year (2023-
2027)
675,000/yr for the 21st-25th year (2028-
2032)
 Current Status of
Region
SAPA
Name of PA Name of Holder ApprovedProject Type SAPA Fee (PhP)
Area
4-A Marikina CARE Foundation, 201 ha Forest Plantation not specified
Watershed Inc.
Reservation
Buenavista Digitel Mobile 256 sq.m. Sun Cellular's Transmitter 4,000.00/ month
Protected Philippines, Inc. Tower
Landscape (DMPI)
7 Tanon Strait Southwestern 62,886 Seaport facility 6.894M/yr
PS Cement
Corporation
10 Initao- Provincial 5000 sq.mTreetops and Boardwalk 10.00/head/visitor share of the
Libertad PLS Government of Project IPAF from the LGU
Misamis Oriental
Mt. Malindang Highland Stone 11,700 sq. Highland Stone Chapel Php 4,212/ yr and Php 10 per
Natural Park Chapel m Adventure Park visitor
11 Mt. Apo Energy Development 3 ha. Mindanao Geothermal 9,000/yr
Natural Park Corporation Production Field/ (re-
injection pad) within Buffer
Zone, Parcel 2 of MANP
Energy Devtelopment10.66 ha KL-5RD Development 33,000/yr
Corporation Project/(Reinjection
Pipeline(s)/Corridor(s)/Ener
gy Support Zone, Buffer
Zone/ Parcel 2 , MANP
 Considerations on Special Uses

 Special uses may be allowed within PA except

in Strict Protection Zones and Strict
Nature Reserve. (Sec 25)

 The activity shall not be detrimental to

ecosystem functions and biodiversity, and
cultural practices and traditions. (Sec 25)

 Management plan is in effect. (Sec

33)
 Considerations on Special Uses

 SAPA may be issued subject to

compliance with the requirements of
the PAMP, the EIS System, the payment
of annual Development Fee (Rule 25.1) and
sufficient bond (Rule 25.13)
 SAPA may be issued only in PAs
where management zones have
been identified and delineated.
(Rule 25.2)

No SAPA shall be issued in ancestral

domains without the FPIC of the
affected ICCs/IPs. (Rule 25.2)
 Considerations on Special Uses

 The DENR, upon the

recommendation of the PAMB, may
impose such additional terms and
conditions as it finds relevant to the
specific use and development
involved, taking into consideration
the environmental impact
particularly on the biodiversity
therein, of such use and development.
(Rule 25.3)
 Other Provisions on Special Use
 Maximum initial term of SAPA is 25 years,
renewable for an additional period not
exceeding 25 yrs . (Rule 25.10)
 All SAPAs shall undergo periodic review &
evaluation every 5 yrs. (Rule 25.11)
 Existing facilities and infrastructures that are
consistent with the PAMP shall require a SAPA.
MOAs issued by the DENR prior to the
effectivity of the ENIPAS Act shall be
converted into SAPA upon satisfactory
compliance with the requirements. (Rule 25.4)
 Other Provisions on Special Use

 Tenure agreements such as FLA, FLUA, FLAgT and

miscellaneous lease agreements shall only be
converted to SAPA upon expiration of the term
& satisfactory compliance with the
requirements. (Rule 25.4)
 The DENR shall henceforth cease to issue
concessions, licenses, permits, clearances,
compliance documents or other instruments that
allow utilization of resources within the PA until
the management plan shall have been put into
effect. (Sec. 33)
 All existing land use and resource use permits shall be reviewed and
shall not be renewed upon their expiration unless consistent with
the management plan and approved by the PAMB.
 Other Provisions on Special Use

Rule 25.13 The proponent shall post a rehab/performance bond in the form of
surety bond or cash equivalent to 25% of the rehab cost per the dev’t. plan, to be
posted w/in 30 working days from the commencement of the project.
 The bond shall be released to the proponent after the satisfactory rehab of the
affected areas.
 The sufficiency of the bond shall be determined by the PAMO with the
assistance of BMB and approved by the PAMB taking into account the cost of
rehab, resource valuation and ecosystem services of the PA. The PAMB thru the
PASU shall review sufficiency of the rehab plan & bond every 5 yrs.

 The bond shall be deposited in a government depository bank of the DENR. The
bond shall be used solely for remediation, compensation, and rehabilitation.

 Every five (5) years, the PAMB, through the PASu, shall review the sufficiency of
the rehabilitation plan and bond, and as necessary, require the update thereof.
 Other Provisions on Special Use

Rule 25.12 par. 2. For existing SAPA issued before the effectivity of the ENIPAS
Act, the PAMB, through the PASu, shall notify in writing, and require all SAPA
holders to prepare and submit a rehabilitation plan within six (6) months from
receipt of notice.

Rule 25.14 Assignment or transfer of rights & obligations over an area, in

whole or part shall be in accordance with R&R and approval of the DENR. This
shall be treated as new application subject to compliance with the SAPA
requirements unless the transferee confirms and undertakes all the obligations
of the transferor.

Rule 25.18 If the SAPA is not renewed, the area shall be rehabilitated or
restored by the SAPA holder in accordance with the rehabilitation plan.
 Other Provisions on Special Use

Rule 25.19 Upon expiration, non-renewal or cancellation of SAPA, all

structures /improvements shall, at the option of the DENR, be forfeited in
favor of the DENR or require holder to remove same at their expense. In
both cases, holder shall undertake rehab measures in accordance with the
approved rehab plan.
 Provisions on Energy Resources
Section 14
 Exploration for energy resources may be allowed in PAs
only for the purpose of gathering data & information
and activity is carried out w/ least damage to the
surrounding area.
 Surveys for non renewable energy projects shall be
conducted only in accordance with a program approved
by the DENR.
 Development and operation of non-renewable energy
projects are prohibited in areas categorized as Strict
Nature Reserves and Natural Parks.
 Renewable energy projects may be allowed within the PA
with the concurrence of the DENR Secretary if outside SPZ
and subject to bond and EIA.
 Provisions on Energy Resources

Rule 14.2 Exploration of ER may be conducted only under the

following conditions: 1) not in Strict nature reserves & SPZ; 2)
sole purpose is to gather data & information; 3) carried out w/
least damage to surrounding area; 4) PAMB clearance is issued
(majority vote of members)

Rule 14.3 Renewable energy Projects may be allowed in PAs under

the conditions: 1) Outside SPZ; 2) PAMB clearance; 3) EIA; 4)
PAMB Resolution by majority vote; 4) concurrence of DENR
Secretary; 4) remittance of sufficient bond
 Provisions on Energy Resources

Rule 14.5 Conditions for conduct of surveys for non-renewable

energy projects: 1) PAMB clearance; 2) in accordance with a
program approved by the DENR; 3) survey results made available
to the public & submitted to the President who shall make
recommendations to Congress.

Rule 14.6 Conditions for development & operation of non-

renewable energy projects: 1) Not located in strict nature
reserves, natural parks, & SPZ; 2) PAMB resolution that project is
not detrimental to environment & PA with recommendations for
consideration of the Secretary; 3) undertaken pursuant to
Congressional Legislation; 4) continuing compliance to
environmental laws, rules & regulations.
 Provisions on Energy Resources

Rule 14.7 For energy projects of national significance, PAMB

clearance to be issued within 30 days upon receipt of documentary
requirements; other projects to be approved in accordance with PAMB
Manual of Operations.

Rule 14.8 Any exploration, survey or energy project in a PA that

shares common areas with CADT/CALC areas shall require an FPIC
and a Certification of Precondition from the NCIP.

Rule 14. 9 The DENR And DOE shall determine, among others,
the standard thresholds, rates and revenue-sharing scheme from
the operations of energy projects.
 Additional Requirements for SAPA
application
1) Rehabilitation plan - shall be submitted by the proponent for areas
covered & affected by SAPA (Rule 25.12)
 Failure to submit rehab plan within prescribed period shall result
to suspension or non-renewal of the SAPA. Suspension to be
lifted upon submission of the rehab plan & other requirements of
the PAMB. (for existing ones)
 The rehabilitation plan shall ensure the enhancement of the
ecosystem, taking into account the principles of biodiversity, and the
objectives of the PAMP.
 The DENR thru BMB shall issue guidelines on the form &
substance of the rehab plan.
2) Payment of rehabilitation bond
3) Conduct of FPIC, as necessary
 Existing Facilities within the PA

Rule 24.1 Within 6o days, the RED shall submit report on the
inventory and assessment of existing facilities to include
descriptions, geotagged photos, recommendations in the form
prescribed by BMB. The DENR Regional Office shall maintain a
database, which shall be updated at least every five (5) years.
 Status of Submission of Facilities
REGION PROTECTED AREA
Mt. Kanlaon Natural Park
Sibalom Natural Park
6 Sagay Marine Reserve
Northern Negros Natural Park
Northwest Panay Peninsula Natural Park
Central Cebu Protected Landscape
Olango Island Wildlife Sanctuary
7 Alburquerque-Loay-Loboc Protected
Landscape and Seascape
Chocolate Hills Natural Monument
REGION PROTECTED AREA
Cuatro Islas Protected Landscape and Seascape
Lake Danao Natural Park
Mahagnao Volcano Natural Park
Guiuan Marine Resource Protected Landscape
8
and Seascape
Biri Larosa Protected Landscape and Seascape
Calbayog-Pan-as Hayiban Protected Landscape
Samar Island Natural Park

Rajah Sikatuna Protected Landscape

Panglao Island Protected Seascape
Talibon Group of Islands Protected
Landscape and Seascape
Camotes Island Protected Landscape and
Seascape
Tañ on Strait Protected Seascape
Apo Island Protected Landscape &
Seascape
Balinsasayao Twin Lakes Natural Park
 Existing Facilities within the PA
Rule 24.3 In cases of actually detrimental facilities, or facilities that may
become detrimental in the future
 PASU to issue written show cause order to owners of facilities
 The owner shall be imposed a daily fine of P50,000 if the
existence of same and its future operation will be detrimental to
the PA.
 Within 15 calendar days from receipt of reply or failure to reply,
PASu shall submit recommendations to the RED who shall
issue written order within 15 days from receipt of the PASu’s
recommendations.
 Continuous violation for 30 days, and the accumulation of a total
fine of P500,000 shall cause the cessation of operation,
forfeiture or demolition of the facility by the PAMB thru the PASu,
at the cost of the owner.
 Existing Facilities within the PA

 Rule 24.2 Unauthorized facilities within the Strict

Protection Zones shall be subject to closure and
demolition by Court Order or LGU Demolition Order
pursuant to duly enacted ordinances .

 Rule 24.4 Structures found within the 40-meter easement,

measured from the high water mark of any natural body of
water, shall be demolished, unless proven necessary protect
the shoreline, and mitigate habitat destruction. For these
purposes, the existence of structures in easements shall be
governed by guidelines issued by the DENR.
 Environmental Impact Assessment

Section 12. Environmental Impact Assessment (EIA). - Considering that

PAs are ECAs, the proponent of development projects and activities
with potentially significant adverse impacts as determined by the
EMB, whether or not these projects or activities are included in the
PAMP, shall secure an ECC…: Provided, That for development projects and
activities that are not environmentally critical, an IEE shall be undertaken
instead of a full-blown EIA. No project or activity may be undertaken by
any project proponent without prior clearance from the PAMB. The DENR
shall require the submission of the PAMB clearance, among others, before
issuing an ECC to a project proponent.

No actual implementation of such activities shall be allowed without the

required ECC. Violations of environmental laws, rules and regulations,
including those under the EIA System, shall be penalized accordingly.
 Environmental Impact Assessment

Rule 12.1 All development projects or activities, whether proposed

by the government or the private sector, and whether or not in the
PAMP, shall require a PAMB clearance thru majority vote of the
members
Rule 12.2 The PAMB clearance shall include endorsement for the
EMB Reg. Office to determine whether the dev’t. project or activity
is eligible for a CNC or should undergo scoping process under the
EIS system.

An ECC shall be required prior to the commencement of the project

whether an IEE or a full-blown EIA.
 USER FEE

Section 25. Special

ANNUAL Uses
SAPA RATEWithin Protected Areas.
The
5% PAMB may recommend the issuance of tenurial instrument
of the highest
subject
and most to recent
compliance to ECC and payment of corresponding user
zonal
fee value of to five percent (5%) of the zonal value of commercial
equivalent Rehabilitation
commercial land bond
land within
within the nearest barangay or municipality
the nearest
1% value of Php5,000 where the project
equivalent to
improvement Administrative
isbarangay
locatedormultiplied by as the area
premium.
of development plus one percent
25% of the(1
municipality fee
%) value of improvement as premium. rehabilitation
multiplied by the area cost.
of dev’t. (in m2)
 USER FEE

 For non-profit projects of government agencies

and/or instrumentalities, only a one-time
Development Fee shall be paid, payment
scheme of which shall be agreed upon with the
agencies concerned.

 For water supply and renewable energy

projects of national significance, the
proponent shall pay a one-time development
fee, and an annual fee equivalent to
PhP7,200.00 per hectare and to be increased
cumulatively by 10% every year.
 USER FEE

 The Development Fee shall accrue to the IPAF

(Rule 25.6) including the Admin fee (Rule 25.9)

 The proponent shall present its proof of

payment of the initial Development Fee to
the DENR, through the PASu, who shall
release the SAPA to the proponent, upon
confirmation of payment. (Rule 25.4)

 BMB shall review the rates of DF

every 5 yrs. (Rule 25.8 )
 Sample BIR zonal valuation

Sample BIR zonal valuation

 SAMPLE COMPUTATION

Project description
 Pumped-storage Hydropower Project certified by the DOE as Energy Project of National
Significance (EPNS)
 Project location: inside Upper Marikina River Basin Protected Landscape
 Project area: 530 hectares
 Project Cost is P30B
 The highest zonal valuation of the nearest commercial zone is Php1,700/m2

1. Compute the 5% 2. Compute 1% of the Development cost

a) Get the 5% of Php1,700/m2
1700 x 0.05 = P85/m2
b) Convert area into square meters
530 has. x 10,000 m2/ha = 5,300,000m2
c) Multiply the results
5,300,000 x 85 = P450,500,000
P30B x 0.01 = P300,000,000
3. Add solutions 1 and 2
P300M + P450.5M = P750M
4. Succeeding annual fee until year 5
530 hectares x P7,200/ha. = P3,816,000
 PENALTIES & SURCHARGES (Rule 25.7)

1) Failure to pay on or before the due date shall be

subject to monthly surcharge of 8.33% of the
annual Development Fee.

2) Failure to pay for at least 1 year shall be subject to

surcharges of 100% of the annual Development
Fee for every year of non-payment, provided that, a
fraction of a year beyond 1 year shall be counted as
a full year. Such non-payment shall also cause the
suspension of the SAPA, and the SAPA holder's
receipt of revenue-sharing allocation proceeds, if
applicable.
 Grounds for suspension of SAPA
Upon finding any violation of the terms and conditions of the SAPA, or
the proponent's failure to comply with applicable laws, rules,
regulations, and guidelines, the RED, upon the recommendation of the
PAMB, may issue a NOV, requiring the proponent to show cause why the
SAPA should not be revoked or cancelled. [Rule 25.15 (3)]
The SAPA may be summarily suspended by the DENR for any of the
following grounds: (Rule 25.17)

 Failure to pay the annual Development Fee within six (6) months
from the date it is due until such fees and applicable surcharges are
paid in full;
 In case of imminent danger to life or property,
until such danger is removed, or appropriate
measures are taken by the proponent.
 Grounds for revocation or cancellation of
SAPA
The SAPA may be revoked or cancelled by the DENR based on any of the
following grounds: (Rule 25.16)
 Misrepresentation, fraud or deliberate omission of
fact/s, made in connection with the application for
and in the SAPA which may materially alter or affect
the facts, terms, and conditions therein set forth;
 Violation of the terms and conditions of the SAPA, the
ECC, the PAMB Clearance, or other permits issued by
the government;

 Failure to comply with applicable laws, rules,

regulations and guidelines;
 Grounds for revocation or cancellation of
SAPA
The SAPA may be revoked or cancelled by the DENR based on any of the
following grounds: (Rule 25.16)

 Failure, without justifiable cause, to exercise the privilege granted under

the SAPA within one (1) year from its issuance;
 Non-payment of the annual Development Fee for two (2) consecutive
years without justifiable cause.
Upon notice and at the expiration of a 30-day grace period within
which to settle unpaid Development Fees, the PASu shall cause the
reopening of the subject area to new applications for special use
projects. (Rule 25.7)
 Bankruptcy or closure of operations; and
 When national interest requires the summary cancellation, as
determined by the DENR.
SAPA Application Procedure
THANK YOU …