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7611
AN ACT ADOPTING THE STRATEGIC ENVIRONMENTAL PLAN FOR
PALAWAN, CREATING THE ADMINISTRATIVE MACHINERY FOR ITS
IMPLEMENTATION, CONVERTING THE PALAWAN INTEGRATED AREA
DEVELOPMENT PROJECT OFFICE TO ITS SUPPORT STAFF, PROVIDING
FUNDS THEREFOR, AND FOR OTHER PURPOSES
CHAPTER I
GENERAL PROVISIONS
SECTION 1. Title. This Act shall be known as the "Strategic Environmental Plan
(SEP) for Palawan Act."
SEC. 2. Declaration of Policy. It is hereby declared the policy of the State to
protect, develop and conserve its natural resources. Towards 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 development goals for the provinces
through proper conservation, utilization and development of natural resources to
provide optimum yields 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 hereinafter 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 in natural resource management, conservation and
protection.
SEC. 3. Definition of Terms. As used in this Act, the following terms are defined
as follows:
1. "Palawan" refers to the Philippine province composed of islands and
islets located 747' and 1222' north latitude and 11700' and 11951' east
longitude, generally bounded by the South China Sea to the northwest
and by the Sulu Sea to the east;
of mountains or other areas with very steep gradients, and endangered habitats
and habitats of endangered and rare species. Exceptions, however, may be
granted to traditional uses of tribal communities of these areas for minimal and
soft impact gathering 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 nonconsumptive activities may be
allowed in this area;
b. Controlled use area. Encircles and provides the outer barrier to the
core and restricted use areas. Controlled forest extraction, like the
collecting of minor forest products, and strictly controlled logging and
mining may be allowed; and
c. Traditional use 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 infrastructure 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/Marine Zone. A different and simplified 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 are shall be designated free from any human activity. This
includes sanctuaries for rare and endangered species, selected coral reefs,
seagrass, and mangrove ecosystem reserves.
1. Multiple use zone. Aside from being the development area, this zone also
serves as the buffer zone where fishery, mariculture, recreation, rehabilitation
of small islands and mangrove ecosystem, education and research are allowed.
SEC. 11. Tribal Ancestral Lands. These areas, traditionally 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
CHAPTER V
ADMINISTRATIVE MACHINERY FOR THE IMPLEMENTATION OF THE
SEP
SEC. 16. Palawan Council for Sustainable Development. The
governance, implementation and policy direction of the Strategic
Environmental Plan shall be exercised by the herein created Palawan Council
for Sustainable Development (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 Representatives representing the Province of
Palawan, the Deputy Director General of the National Economic and
Development Authority, the Undersecretary of Environment and Natural
Resources, the Undersecretary for Special Concerns 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 mga Barangay, the Executive Director of the Palawan
Council for Sustainable Development 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 ViceChairman.
SEC. 17. Quorum. A majority of the members of the Council shall
constitute a quorum for the conduct of business.
SEC. 18. Compensation. The members of the Council shall be entitled to
per diems and allowances in accordance 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. Powers and Functions. In order to successfully implement the
provisions of this Act, the Council is hereby vested with the following powers
and functions:
1. 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, gifts, loans, and
other funding from domestic and foreign sources to carry out the
activities and purposes of the SEP;
5. Recommend to the Congress of the Philippines such matters that may
require legislation in support of the objectives of the SEP;
Delegate any or all of its powers and functions to its support staffs, as hereinafter
provided, except those which by provisions of law cannot be delegated;
1. Establish policies and guidelines for employment on the basis of merit,
technical competence and moral character and prescribe a compensation
and staffing pattern;
2. Adopt, amend and rescind such rules and regulations and impose
penalties therefor for the effective implementation of the SEP and the
other provisions of this Act;
3. Enforce the provisions of this Act and other existing laws, rules and
regulations similar to or complementary with this Act;
4. Perform related functions which shall promote the development,
conservation, management, protection, and utilization of the natural
resources of Palawan; and
5. Perform such other powers and functions as may be necessary in
carrying out its functions, powers, and the provisions of this Act.
The areas covered by ECAN shall be classified into the following (3) main components to further
reclassifications and rezoning based on actual surveys or scientific studies and after due consideration
of other existing laws similar to or complimentary with the RA 7611 such as RA 7586, otherwise known
as National Integrated Protected Areas System Act of 1992. (1) Terrestrial component which 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
which includes the whole coastline up to the open sea. This is characterized by active fisheries and
tourism activities; and (3) Tribal ancestral lands which are traditionally occupied by the cultural
communities.
Management Scheme and Zonation of terrestrial component may be further subdivided into smaller
management components for a more efficient supervision into the following zones:
(1) Area of maximum protection or core Zone which shall be fully and strictly protected and maintained
free of human disruption. It includes all type of natural forest to 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 and habitats of
endangered and rare species. Exceptions, however, may be granted to traditional uses of tribal
communities of these areas for minimal and soft impact gathering of forest species for ceremonial and
medicinal purposes.
(2) Buffer zone which 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
nonconsumptive activities may be allowed in this area; b) Controlled use area which encircles and
provides the outer barrier to the core and restricted use area. Controlled forest extraction like
collecting of minor forest products, and strictly controlled logging and mining may be allowed; and c)
Traditional use area. Edges of intact forests where traditional land use is already stabilized or is being
carried out with the other supporting programs of the SEP.
(3) Multiple/manipulative use area. This area where the landscape has been modified for different
forms of land use such as intentive timber extraction, grazing and pastures, agricultural and
infrastructure development. Control and management shall be strictly integrated with other
supporting programs of the SEP and other similar programs of the Government.
As discussed in a previous blog entry, the SEP Act of Palawan, or the Republic Act 7611: Strategic Environment Plan
(SEP) for Palawan Act, is the national law that is the basis for determining and regulating the various investment and
development activities that may be proposed to be put up in Palawan. The function of implementing the provisions of
this law has been mandated to the Palawan Council for Sustainable Development (or the PCSD).
In December 2007, a PCSD resolution (PCSD Resolution 07-344) was passed enjoining the Department of
Environment and Natural Resources (DENR) to allow SEP Clearance for projects in Palawan prior to the issuance of
Environmental Compliance Certificate (ECC) as an exception to DENR Memorandum Circular No. 2007-08. DMC
No. 2007-08, with an approval date of July 2007, was specifically circulated to streamline the requirements for ECC
or CNC (Certificate of Non-Coverage) applications with the DENR. A particular provision of the said circular reads:
No permits and/or clearances issued by other National Government Agencies of Local Government Units shall be
required in the processing of ECC or CNC applications.
Thus, PCSD Resolution 07-344 circumvents the simplifying intention of an earlier circular of a national regulatory
government agency, adding another environmental requirement, the SEP Clearance, prior to approval and set-up of
development or investment projects in Palawan. Although the wording of the PSCD resolution is in the form of a
suggestive request the PCSD resolution does not impose on the DENR to require an SEP Clearance for Palawan
projects; the DENR can be argued to be of the same footing, if not higher, as a government agency vis--vis the
PCSD in actual practice, an SEP Clearance is being demanded as a pre-requisite for approval of ECC or CNC.
The requirements for an SEP Clearance may vary, depending on the type and magnitude of development or
investment project being proposed. The requirements, however, generally fall under the following types: (a) EIS
(Environmental Impact Statement) or IEE (Initial Environmental Examination) reports; (b) development plan
documents (may include maps, ownership certificates, zoning certificates); and (c) endorsement or certification
documents from various groups or identified stakeholders. The EIS and IEE reports are themselves needed for the
ECC application process. The development plan documents are usually requirements for other related permits (e.g.
business permits). The endorsement or certification documents are the potentially complex requirements, as these
may involve public consultations and discussions with various groups and stakeholders (e.g. local barangay councils,
interest groups, homeowners association), before finally obtaining resolution or agreement of any of these groups for
allowing the proposed project.
Triple I Consulting, Inc. accepts inquiries regarding environmental permitting in the Philippines and concerns for doing
business in Palawan.
THE
ENVIRONMENTAL
PALAWAN
STRATEGIC
PLAN FOR
R[/av_dropcap1]epublic Act 7611 otherwise known as the Strategic Environmental Plan (SEP) for
Palawan Act is a landmark legislation which had brought together multisectoral efforts in effecting a
serious and sustained agenda that will provide for the continued existence of a unique ecological system
not found in any part of the world.
The SEP is a pioneering work which spells out, with the strength and vigor of the law and the
corresponding administrative machinery, how sustainable living can be done now, inspite of the many
fora around the world which has so far produced volumes of documents but very little in terms of positive
action for the environment.
The law declares that it is the policy of the State to protect, develop and conserve the countrys natural
resources by supporting the implementation of plans, programs and projects formulated to preserve and
enhance the environment while pursuing socio-economic goals. The policy, as declared, implies the
inclusion of areas other than Palawan which can be subjected to the sustainable development activities
appropriate for the people and the natural environment in which they live.
It is also the task of the State to support and promote sustainable development through proper
conservation, utilization and development of natural resources to provide optimum yields on a continuing
basis. To this end, forest conservation and protection will be pursued by the State through the imposition
of total commercial logging ban.
An institutional machinery shall also be put up by the State with the proper fiscal and financial capability to
ensure the effective and efficient implementation of the environmental programs. While the State initiates
these fundamental activities, it is explicit in the law that the people shall be encouraged to participate in all
the activities leading to the realization of the goals of SEP.
SEP Philosophy
SEPs overall philosophy calls for the sustainable development of the province of
Palawan through the improvement in the quality of life of its people in the present and
future generations. This improvement shall be achieved through the complementary
activities of development and conservation that will protect the ecosystem and
rehabilitate exploited areas.
Ecological Viability
The physical and biological cycles that maintain the productivity of the natural
ecosystem must be kept intact.
Social Acceptability
Through participatory processes, the people shall be fully committed to support
sustainable development activities by fostering equity in access to resources and the
benefits derived from them.
Integrated Approach
Problems and issues in the environment shall be viewed in the holistic way. Through
this approach, opportunities for coordination and sharing will eventually provide the
resources and the political will to implement and sustain SEP activities.
The SEP shall put into effect a graded system of protection and development control
in the province of Palawan. This graded system encompasses tribal lands, forests,
mines, agricultural areas, settlement areas, small islands, mangrove, coral reefs,
seagrass beds and the surrounding sea.
ECAN, as the main strategy of SEP is implemented out in the following manner:
The terrestrial zone consists of mountains, ecologically important low hills and
lowland areas in the whole province.
The core zone is the area of maximum protection and shall be free of human
disruption. This includes all types of natural forest above the elevation of 1,000 meters
including first growth residual forest and edges of intact forest, endangered habitats
and habitats of endangered and rare species. Tribal communities may be allowed entry
into the core zone to enable them to gather forest products for ceremonial and
medicinal purposes.
The buffer zone permits regulated use. The buffer consists of a restricted use area,
which serves as the protective barrier to the core zone; a controlled use area wherein
limited extractive activities are allowed and the traditional use area where land use has
already been stabilized.
The multiple/manipulative use area where the landscape has been modified and
development activities have taken roots.
Coastal/Marine Zone
This area includes the whole coastline and the open sea where active fishing and
tourism activities are carried out. Equitable access to the resources and management
responsibility by the local community shall be the underlying management philosophy
for the coastal / marine zone.
The core zone which shall be free from any human activity includes sanctuaries of
rare and endangered species, selected coral reefs, seagrass and mangrove ecosystem
reserves.
The multiple use zone is the development area and serves as the buffer zone to the
core. Fishery, mariculture, recreation, rehabilitation of small islands and mangrove
ecosystem, education and research are allowed in this area.
Tribal Ancestral Lands
These areas shall be treated along the same system of control and prohibition in the
terrestrial and coastal/marine zones but a special cultural consideration shall be
applied to the traditional inhabitants using consultative processes and cultural
mapping.
Support Mechanisms
Environmental Monitoring and Evaluation System
The EMES ensures a systematic and reliable means of data generation for the various
concerns of SEP. It shall measure changes in the environmental status, identify
adverse environmental trends and crisis areas, recommend solutions, assess the
implementation of SEP, and suggest measures to make SEP more flexible to changing
needs.
Environmental Education and Extension