Strategic Environmental Plan (SEP) for Palawan Act (No. 7611)

AUGUST 3, 1992 r I OFFICIAL GAZETTE MGA BATAS REPUBUKA [REPUBLIC ACTS] 5051 Begun and held in Metro Manila, on Monday, the twenty second day of July, nineteen hundred and ninety-one. H. No. 19576 REPUBLIC ACT No. 7611 AN ACT ADOPTING THE STRATEGIC ENVIRON . MENTAL PLAN FOR PALAWAN, CREATING THE ADMINISTRATIVE MACHINERY FOR ITS IMPLEMENTATIQN, CONVERTING THE PALA WAN INTEGRATED AREA DEVELOPMENT PROJECT OFFICE TO ITS SUPPORT STAFF, PROVIDING FUNDS THERJEFOR, AND FOR OTHER PURPOSES Be it enacted; by the Senete and House of Representatives of the Philippines in Congress assembled: CHAPTER. I GENERAL PROVISIONS SECTION 1. Title.-This Act shall he known as the "Strategic Environmental Plan (SEP) for Palawan Act." SEc. 2. Declamtion of Policy.-It is hereby declared the policy of the State to protect, develop and conserve its 'natural resources. Toward this end, it shall assist and support the implementation of plans, programs and projects formulated to preserve and enhance the environment, and at the same time pursue the socioeconomic development goals of the country. It shall support and promote the sustainable develop ment goals for the provinces through proper conservation, utilization and development of natural resources to provide optimum )'lields on a continuing basis. With specific reference to forest resources, the State shall pursue and implement forest conservation and protection through the imposition of a total commercial logging ban as herein after provided. It shall also adopt the necessary measures leading to the creation of -an institutional machinery including, among others. fiscal and financial programs to ensure the effective and efficient implementation of environmental plans programs and projects. ' It shall also promote and encourage the involvement of all sectors of society and maximize people participation 5052 OFFICIAL GAZETTE VOL. 88, No. 31 in natural resource management, conservation and protect ion. SEC. 3. Definition (if Te1·ms.-As used in this Act, the following terms are defined as follows: (1) "Palawan" refers to the Philippine province com posed of islands and islets located 7°47' and 12°22' north latitude and ll'l°O()' and 119°51' east longitude, generally bounded by the South China Sea to the northwest and by the Sulu Sea to the east; (2) "Sustainable development" means the improvement in the quality of life of the present and future generations through the complementation of development arid environ mental protection activities; (3) "Natural resources" refers to life-support systems such as the sea, coral reefs, ·soil, lakes, rivers, streams, and forests as well as useful products found therein such as minerals, wildlife, trees and other plants, including the aesthetic attributes 'OI scenic sites that are not man-made; (4) "Tribal land areas" refers to the areas comprising both land and sea that are traditionally occupied by the cultural minorities; (5) "Environmentally critical areas" refers to terrestrial, aquatic and marine areas that need special protection and conservation measures as they are ecological ly, fragile; (6) "Participatory processes" means the involvement of all the key sectors of development, from the grassroots to the policy-making bodies of the National Government, in providing the values- and ideas from which strategic development and environmental protection action can come about; (7) "Conservation" refers to the wise use of natural resources that assures regeneration and replenishment for continuous benefit; (8) "Ecology" refers to the life-sustaining interrelation ships and interactions of organisms with each other and with their physical surroundings; (9) "Commercial logging" refers to the cutting, felling or destruction of trees' from old growth and residual forests for the purpose of selling or otherwise disposing of the cut or felled logs for profit; (10) "SEP" refers to the Strategic Environmental Plan discussed in Section 4 of this Act; (11) "'ECAN" refers to the Environmentally Critical Areas Network as provided in Section 7 of this Act; and AUGUST 3, 1992 OFFICIAL GAZETTE 5053 (12) "EMES" refers to the Environmental Monitoring and Evaluation System provided in Section 13 of this Act. CHAPTER II STRATEGIC ENVIRONMENTAL PLAN ADOPTION, PHILOSOPHY AND LEGAL EFFECTS SEC. 4. Straieqie Environmental Plan.-A comprehen sive framework for the sustainable deve.opment of Pala wan compatible with protecting and enhancing the natural resources and endangered environment of the province is hereby adopted. Such framework shall be known as the Strategic Environmental Plan for Palawan hereinafter referred to as SEP, and shall sene to guide the local government of Palawan and the government agencies eon cerned in the formulation and implementation of plans, programs and projects affecting said province. SEC. 5. Strategic Environmental Plan (SEP) Philoso phy.-The SEP shall have, as its general philosophy, the sustainable development of Palawan, which is the improve ment in the quality of life of its people in the present and future generations through the use of complementarv activities of development and conservation that protect life-support ecosystems and rehabilitate exploited areas to allow upcoming generations to sustain development" growth, It shall have the following features: (1) Ecological viability-s-The physical and biological cyc'es that maintain the productivity of natural ecosys .. terns must always be kept intact; (2) Social acceptability-The people themselves, through participatory processes, should be fully committed to sup port sustainable development activities by fostering equity in access to resources and the benefits derived from them; and (3) Integrated approach-This allows for a holistic view of problems and issues obtaining in the environ ment as well as opportunities for coordination and shar ing that will eventually provide the resources and political will to actually implement and sustain SEP activities. SEC. 6. Legal Effects.-The SEP shall serve as the framework to guide the government agencies concerned in the formulation and implementation of plans, programs and projects affecting the environment and natural re sources of Pa'awan, It shall therefore be incorporated in the Regional Development Plan of Region IV as part of said plan. All local governments in Palawan and the con 5054 OFFICIAL GAZETTE VOL. 88, No. 31 cerned national and regional government agencies operat ing therein shall coordinate and a.ign their projects and thecorresponding budgets with the projects, programs and policies of the Sgp, as administered and implemented by an administrative machinery hereinafter created. SEC. 7. Environmentellu Criiicai Arcos Network (EGAN) .-The SEP shall establish a graded system of protection and development control over the whole of Palawan, including its tribal lands, forest, mines, agri cultural areas, settlement areas, small islands, mangroves, coral reefs, seagrass beds and the surrounding sea. This shall be known as the Environmentally Critical Areas Net work, hereinafter referred to as ECAN, and shall serve as the main strategy of the SEP. 'J'he ECAN shall ensure the following: (1) Forest conservation and protection through the im position of a total commercial logging ban in all areas of maximum protection and in such other restricted use zones as the Palawan Council for Sustainable Development as hereinafter created may provide; (2) Protection of watersheds; (3) Preservation of biological diversity; (4) Protection of tribal people and the preservation of their culture; '- 5) Maintenance of. maximum sustainable yield; (6) Protection of the rare and endangered species and their habitat; (7) Provision of areas for environmental and ecological research, education and training; and (8) Provision of areas for tourist and recreation, SEC. 8. Main Gomponents.-The areas covered by the ECAN shall be classified into three (3) main components: (1) Terrestial-The terrestrial component shall consist of the mountainous as well as ecologically important low hills and lowland areas of the whole province. It may be further subdivided into smaller management components: (2) Coastal/marine area-This area includes the whole coastline up to the open sea. This is characterized by active fisheries and tourism activities; and (3) Tribal ancestral lands.-These are the areas tr,, diticnally occupied by the cultural communities. SEC. 9. Terrestial Component: Management Scheme and z.onat'~on.-The terrestrial component may be further sub divided into smaller management components for a more efficient supervision. These management components, in AUGUST 3, 1992 OFFICIAL GAZETTE 5055 turn, shall each be further subdivided into the following zones: (1) Area of maximum protection or core zone-This zone shall be fully and strictly protected and maintained free of human disruption. Included here are all types of natural forest which include first growth forest, residual forest and edges of intact forest, areas above one thousand (1,000) meters elevation, peaks of mountains or other areas with very steep gradients, and endangered habitats .nd habitats of endangered and rare species. Exceptions, however, may be granted to traditional uses of tribal com munities of these areas for minimal and soft impact '~'athering of forest species for ceremonial and medicinal purposes. (2) Buffer zone-This area permits regulated use and may' be further subdivided into three (3) sub-zones: (a) Restricted use area. Generally surrounds the core zone and provides a protective barrier. Limited and non consumptive activities may be allowed in this area; (b) Controlled use area. Encircles and provides the outer barrier to the core and restricted use areas. Con trolled forest extraction, like the collecting of minor forest products, and strictly controlled logging and mining may be allowed; and (c) Traditional usc area. Edges of intact forests where traditional land use is already stabilized or is being stabilized. Management and control shall be carried out with the other supporting programs of the SEP. (3) Multiple/manipulative use area-This is the area where the landscape has been modified for different forms of land use such as intensive timber extraction, grazing and pastures, agriculture and infrastrncture development. Control and management shall be strictly integrated with the. other supporting programs of the SEP and other similar programs of the Government. SEC. 10. Coastal/MOIrine Zone.-A different and simpli fied scheme of management and zonation shall be applied to this component due to its geographical characteristics, critical nature, and patterns of resource use. Equitable access to the resource and management responsibility by the local community shall be the underlying management philosophy of this component. (1) Core zone-This area shall be designated free from any human activity. This includes sanctuaries for rare and endangered species, selected coral reefs, seagrass and mangrove ecosystem reserves. 035593-2 0056 OFFICIAL GAZETTE VOL. 88, No. 31 (2) Multiple use zone-Aside from being the develop ment area, this zone also serves as the buffer zone where fishery, mariculture, recreation, rehabilitation of small is iands and mangrove ecosystem, education and research are allowed. SEC. 11. Tribal Ancestrnl Lamds.-These areas, tra ditionally occupied by cultural minorities, comprise both land and sea areas. These shall be treated in the same graded system of control and prohibition as in the others abovementioned except for stranger l\tIlphasis in cultural considerations. The ·SEP, therefore, shall define a special kind of zonation to fulfill the material and cultural needs of the tribes using consultative proeesses and cultural mapping of the ancestral lands. CHAPTER III MANAGEMENT OF RESOURCES OUTSIDE OF THE"ECOLOGICALLY CRITICAL AREAS SEC. 12. 2'v!anagemento! Resources Outside 0/ the Eco logically C1'iticalArea.s.-The SEP shall provide for the management of resources outside of the ECAN and shall include coastal resources, resources of the catchment areas, timber and mines, development in the lowlands, and settle ments areas. It shall also pro-vide for tourism planning. CHAPTER IV SUPPORT MECHANISMS SEC. IS. Environment Monitoring and Evaluation Sys tem. (EMES) .-In order to monitor achievement of its goals, the SEP shall establish an Environmental Monitor ing and Evaluation System (EMES) which shall ensure a systematic and reHable means of data generation for the various concerns of the SEP. It shall measure changes in environmental status, identify adverse environmental trends and crisis areas, recommend solutions, 8'11lSeSS the implementation of the SEP, and suggest! measures to make the SEP more responsible to the changing needs. SEC. 14. Em)ironm.ental R,esearch.-The SEP shall pro vide for ~ system of research so that additional information for accurate planning as well as.data to solve new problems in the implementation of the SEP shall be supplied. As such, the SEP'a researches shall not be confined to the physical and biological features of. the environment, achieved through surveys, monitoring, resouree assessments and research into processes, but shall also extend to policius and socioeconomic questions. AUGUST 3, 1992 OFFICIAL GAZETTE 5057 SEC. 15. Environmental E<lucatiQ1t and Extension.-The SEP shall design an environmental information and edu cation designed to gradually wean the people away from destructive practices and shall recommend practical ways as an alternative. Training programs for the nongovernmental organi zations (NGOs), business sector representatives, and com munity leaders shall be organized. This may establish linkages between the NGOs, community leaders, sector representatives and the staff of line agencies' development communication or public information section and, at the same time, be used to plan out a comprehensive public information drive. Simultaneously, community organizing shall be enhanced to reinforce non-formal approaches, complementing regular environment/science courses in the school. CHAPTER V ADMINISTRATIVE MACHINERY FOR THE IMPLEMENTATION OF THE SEP SEC. 16. Palawan Council for Sustainable Development; of the Strategic Environmental Plan shall be exercised by The governance, implementation and policy direction the herein created Palawan Council for Sustainable De velopment (PCSD), hereinafter referred to as the Council, which shall be under the Office of the President. It shall be composed of the Members of the House of Representa tiyes representing the Province of Palawan, the Deputy Director General of the National Economic and Develop ment Authority, the Undersecretary of Environment and Natural Resources, the Undersecretary for Special C.oncerns of the Department of Agriculture, the Governor of Palawan, the Mayor of Puerto Princesa City, the President of the Mayor's League of Palawan, the President of the Provincial Chapter of the Liga ng maa Barangay, the Executive Director of the Palawan Council for Sustainable Develop ment Staff'as provided in Section 20 of this Act, and such other members from the public or private sectors as the majority of the Council may deem necessary. The Council shall elect, from among its members, a Chairman and a Vice-Chairman. SEC; 17. Quorum.-A majority of the members of the Council shall constitute a quorum for the conduct of busi ness. SEC. 18. Compensation.-The members of the Council shall be entitled to per diems and allowances in accordance 5058 OFFICIAL GAZETTE VOL. 88, No. 31 with existing laws in the performance of their duties and in carrying out the business of the Council. The per diems shall be in the amount of Five hundred pesos (P500) for every meeting: Provided; That the per diems collected do not exceed the equivalent of per diems for four (4) meetings in a month. SEC. 19. Potoers umd Functions.-In order to success fully implement the provisions of this Act, the Council is hereby vested with the following powers and functions: (t) Formulate plans and policies as may be necessary to carry out the provisions of this Act; (2) Coordinate with the local governments to ensure that the latter's plans, programs and projects are aligned with the plans, programs and policies of the SEP; (3) Call on any department, bureau, office, agency or instrumentality of the Government, and on private entities and organizations for cooperation and assistance in the performance of its functions; (4) Arrange, negotiate for, and accept donations, grants, Q,'ifts, loans, and other fundings from domestic and foreign sources to carry out the activities and purposes of the SEP; (5) Recommend to theCongress of the Philippines such matters that may require legislation in support of the objectives of the SEP; (6) Delegate any or all of its powers and functions to its support staff, as hereinafter provided, except those which by provisions of law cannot be delegated; (7) Establish policies and guidelines for employment on the basis of merit, technical competence and moral character and prescribe a compensation and staffing pattern; (8) Adopt, amend and rescind such rules and regulations and impose penalties therefor for the effective imple mentation of the SEP and the other provisions of this Act; (9) Enforce the provisions of this Act and other exist ing laws, rules and regulations similar to or complementary with this Act; (10) Perform related functions which shall promote the development, conservation, management, protection, and utilization of the natural resources of Palawan; and (11) Perform such other powers and functions as may be necessary in carrying out its functions, powers, and the provisions of· this Act. SEC. 20. Conversion of Palauxm Integrated Area Develop ment Project Office (PIADPO) to the Pslauxm Council for Sustainable Development Stafl.-The Palawan Inte AUGUST 3, 1992 OFFICIAL GAZETTE 5059 grated Area Development Project Office, hereinafter referred to as PIADPO, is hereby converted to the Palawan Council for Sustainable Development Staff which shall serve as the regular professional support staff of the Council and shall provide the machinery to coordinate the policy and functions, implement programs, and organize such services as may be required by the Council in the exercise of its functions. It shall be independent of any other department or agency of the Government other than the herein provided Council. All the applicable powers, functions, personnel, complement, staff, appropriations, records, equipment, property, funds, and other assets of the PIADPO, as well as all its obligations and liabilities, are hereby transferred to the Palawan Council fbr Sustain able Development Staff. The incumbent Director of the PIADPO shall be the Executive Director of thePalawan Council for Sustainable Development Staff and shall lead all its operations, there after the Executive Director shall be appointed by the members of the Council. He shall also be ex-officio member of the Council. CHAPTER VI APPROPRIATIONS AND FINAL PROVISIONS SEC. 21. Appropriati()nB.-The amount necessary to carry out the provisions of this Act shall be charged to the current fiscal year appropriations of the PIADPO. Thereafter, such 'Sums as may be necessary shall be included in the annual General Appropriations Act. SEC. 22. Separability Clause.-If any of the provisions of this Act shall be declared unconstitutional, the other provisions of this Act shall remain valid. SEC. 23. Repealisu; Clause.-All laws, decrees, orders, rules and regulations or parts thereof contrary to or inconsistent. with the provisions of this Act are hereby repealed or modified accordingly. SEC. 24. Effectivity Clause.-This Act shall take effect upon its approval. Approved, June 19, 1992.