PRRD signs expanded NIPAS, ECERF Act
A landmark law declaring 94 other protected areas under government protection and management and imposing heavy penalties to violators has been signed by President Duterte.
Republic Act (RA) No. 11038
or the "Expanded National Integrated Protected Areas System (NIPAS) Act of 2018," mobilizes government resources to conserve and protect these ecologically rich and unique areas within the classification of national park.
"It is hereby recognized that these areas, although distinct in features, possess ecological values that may be incorporated into a holistic plan to conserve and protect our natural heritage," the law read.
“The use and enjoyment of these protected areas must be consistent with the principles of biological diversity and sustainable development,” it added.
Among the huge new protected areas are Tañon Strait in Cebu and Negros Islands (534,589.05 hectares), TicaoBurias Pass in Albay, Masbate and Sorsogon provinces (414,244 has.), Samar Island Natural Park in Samar (335,105.57 has.), Siargao Island in Surigao del Norte (283,974.77 has.), Turtle Island Wildlife Sanctuary in Tawi-Tawi (242,958.29 has.), and Sarangani Bay in General Santos City (210,887.69 has.).
Other protected areas are Ninoy Aquino Parks and Wildlife Center in Quezon City, Taal Volcano in Batangas and Cavite, Chocolate Hills Natural Monument and Panglao Island Protected Seascape in Bohol, Mt. Mayon Natural Park in Albay, Bulusan Volcano Natural Park in Sorsogon, and Hinulugang Tatak in Rizal.
Prior to the signing of the law, at least 113 protected areas have been declared through presidential proclamations but only 13 are supported by legislation under the NIPAS.
Under the law, the NIPAS will be placed under the control and supervision of the Department of Environment and Natural Resources (DENR) through the Biodiversity Management Bureau.
The Protected Area Management Board will also be created for each of the protected area to approve and oversee its management plan. The board, which includes representatives from the DENR, Congress, local government, and private sector, will also allocate funds for the management plan, set fees and charges, among others.
Prohibitions RA 11038 also mandates the Justice department to appoint special prosecutors to prosecute violations of laws, rules and regulations in protected areas.
Prohibited in the protected areas are poaching and disturbing any wildlife; hunting, taking, collecting any wildlife or byproducts; cutting, gathering or removing timber without permit; possessing or transporting any timber, forest products, wildlife or by-products; using any fishing gear and practice that destroys marine life; and dumping toxic chemical, untreated sewage or animal waste.
Other prohibited acts in the protected areas are engaging in "kaingin" or any manner causing forest fires; damaging and leaving roads and trails; littering; possessing or using blasting caps or explosives; occupying or dwelling any public land; building any structure, fence or enclosure, conducting any business enterprise without permit; and purchasing or leasing lands.
Any person violating the law face fines ranging from 150,000 to 15 million and prison terms of six to 12 years.
The conviction of a government official for any violation of the law shall carry the accessory penalty of perpetual disqualification from public office.
ECERF Aside from the expanded NIPAS act, the President also signed into law Republic Act No. 11039 creating the Electric Cooperatives Emergency and Resiliency Fund (ECERF) which will provide support to electric cooperatives (ECs) affected by calamities, recognizing that the absence of electric service after a fortuitous event is a national security.
The State, through the ECERF will provide financial assistance to electric cooperatives in the form of grants for disaster mitigation, disaster preparedness, and restoration or rehabilitation of damaged facilities that are readily accessible.
The ECERF will be managed and administered by the National Electrification Administration (NEA).
An initial fund of 1750 million shall be taken from the National Disaster Risk Reduction and Management (NDRRM) Fund and will be released to the NEA Quick Response Fund for proper disbursements to qualified ECs.
In case of deficiency in the fund, the NEA shall seek for the allocation of a supplementary budget from the NDRRM Fund, subject to the President's approval.
The body can also receive donations in the form of funds, materials, or equipment which are intended for the restoration or rehabilitation of the EC's damaged infrastructures. (With a report from Argyll Cyrus B. Geducos)