The law amends old version of the law, RA 7586, or the National Integrated Protected Areas System (Nipas), which promotes and strengthens the management of protected areas in the Philippines, and protect and conserve the country’s rich biodiversity against various threats.
Under the new law, the protected areas was increased from 13 to 107 that includes the 1,620.65 hectares “Buhi Wildlife Sanctuary” composed of Lake Buhi (1,596 has.), lakelets Manapao (4.43.has), Macoao (1.93 has.) and KatƏgday (4.27.has.) and lake Maydanao (14.46 has.). A protected area that was established by a law can only be disestablished by another law. Hence, it is given stronger protection against potentially destructive development projects that has besieged some protected areas on top of imposing a stricter penalty and higher fines against violators of the law.
The law also mandates the creation of the Protected Area Management Board (PAMB) with the following composition: DENR Regional Director as Chairman and Governor, Congressman, Mayor, Punong Barangay of where the protected area is located, 3 representatives from CSOs, 1 representative from Indigenous People (IP), 1 representative from academic institution and 1 representative from private sector. In addition, Senator who is duly registered resident of the city or municipality where the protected area is located. PAMB will set policies and strategies to effectively implement the law.
Aside from PAMB, an office will be established to be headed by the Protected Area Superintendent (PASU) and be responsible for the execution of the policies set by the PAMB. One of the functions of PASU is to issue permits and clearances for activities that implement the management plan and other permitted activities in the protected area. The DENR is also mandated to cease issuance of concessions, licenses, permits, clearances and other compliance documents that will allow utilization of resources within a protected area, until a management plan is put into full effect.
Assistant Regional Technical Director Alan L. Leuterio of DENR Region V, hailed the signing of the law although apologizes for not consulting the Sangguniang Bayan of Buhi and the municipality as well.
“It is already a law and whether we like it or not, we will implement it” Leuterio said during the SB committee on environment hearing held on SB Session Hall in Buhi, Camarines Sur last September 24.
Leuterio also affirmed that the purpose of the law is to protect and conserve the “Sinarapan” at Lake Buhi and other bodies of water within the Buhi Wildlife Santuary.
“We are now in the process of validating the exact boundaries of the area declared as protected area thru technical survey that will be facilitated by Chief Josie Columna of the DENR Survey Division. The result of the survey will served as the boundaries and technical description of the Buhi Wildlife Sanctuary under the Implementing Rules and Regulations (IRR) of the law, “ Leuterio said.
Aside from the survey, DENR will conduct series of consultation to affected sector like fish culture operators, indigenous people, transport group and other stakeholders and seeking to harmonize all laws covering the protected area such as the ancestral domain Law, watershed proclamation, among others.
According to E-NIPAS, the DENR is given 6 months upon signing of the law to issue the IRR to operationalize its implementation.
Last September 25, 2018, a gathering of all stakeholders on the “Forum on Strengthening Partnerships for E-NIPAS” held at Seda Vertis North in Quezon City, Rep. Josephine Ramirez-Sato of Occidental Mindoro, a principal author of the original bill in the House of Representatives, said in a statement that the E-Nipas increases the budget for protected areas, from P65 million per year to possibly P535 million, an increase of approximately 823 percent in the annual General Appropriations Act.
Under the measure, any person found guilty for violating any provision of this law be punished with an administrative fine ranging from P50,00.00 to P5,000,000.00 and requires to cause the rehabilitation and restoration works as determined by court. The conviction of public officer or officer of the law whether from the LGU or any national government agency for any violation of the act, shall carry the accessory penalty of perpetual disqualification from public office.
BUHI ARCHIVE 