Republic of the Philipp ines
Department of Environment and Natural Resources
Yisayas Avenue, Diliman, Qu1.:zon City
Tel Nos. (632) 929-66-26 to 29 •(632) 929-62-52
929-66-20 to 29 •929-66-33 to 35
-
929-70 -~ 1 lo 43
fJUL 2 5 2007
DENR ADMINISTRATIVE ORDER)
No. 2007 - _JJ_
SUBJECT: RULES AND REGULATIONS GOVERNING SPECIAL
USES WITHIN PROTECTED AREAS
Pursuant to RA 7586 otherwise known as the National Integrated Protected Areas
System (NIPAS) Act of 1992 and its Implementing Rules and Regulations, the following
rules and regulations governing special uses within protected areas are hereby
promulgated:
Section 1. Basic Policy. The policy of the State provides for the conservation
of biodiversity and sustainable development in protected areas to maintain essential
ecological processes and life support systems.
The effective management of protected areas should encourage cooperation
between and among stakeholders to manage and develop the appropriate zones of
protected areas through special use agreements.
Section 2. Objectives. This Order shall set forth in detail the guidelines for
the processing and issuance of special use agreements within protected areas.
Specifically, this Order shall have the following objectives:
2.1 To provide access and economic opportunities to indigenous peoples,
tenured migrant communities and other stakeholders of protected areas
thereby contribute in the reduction of poverty incidence;
2.2 To optimize the special uses of protected areas consistent with the
principles of sustainable development and biodiversity conservation in
cooperation with the stakeholders;
2.3 To guide the development of the appropriate zones of protected areas in
accordance with their management objectives; and
2 .4 To earn revenues for the sustainability of protected areas management:
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Let's Go Green
Section 3. Definition of Terms. For the purpose of this Order, the following
terms shall mean as follows:
3.1 Special Uses - include activities and introduction of development as
mentioned in Section 5 of this DAO and consistent with the Protected
Area Management Plan (PAMP).
3.2 Special Use Agreement in Protected Areas (SAPA)- a binding instrument
between the DENR through the PAMB as the first party, and a second
party as defined in Section 7 hereof.
3 .3 Ecotourism - is a form of sustainable tourism within a natural and cultural
heritage area where community participation, protection and management
of natural resources, culture and indigenous knowledge and practices,
environmental education and ethics, as well as economic benefits are
fostered and pursued for the enrichment of host communities and the
satisfaction of visitors.
Section 4. Scope and Coverage. SAPA may be issued within protected areas
except in Strict Nature Reserves and shall be confined only to the management zones of
the protected area appropriate for the purpose.
The SAPA can be issued only in protected areas whose management zones have
been identified and delineated.
Section 5. Kinds of Special Uses. The following are the special uses, that may
be allowed, but not limited to, within protected areas, subject to the issuance of an
Environmental Compliance Certificate (ECC) and approval by the Secretary or his duly
authorized representative:
5.1 Ecotourism facilities
5.2 Camp Sites
5.3 Communication facilities
5.4 Transmission lines
5.5 Irrigation canals/waterways
5.6 Rights-of-way (such as: transmission lines, communication facilities, etc.)
5.7 Aqua culture
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5.8 Scientific Monitoring Stations (i.e. PAGASA, PHILVOLCS, etc.)
5.9 Agro-Forestry
5.10 Forest Plantation
Section 6. Duration of the SAPA. The SAPA may have duration of twenty-
five (25) years and may be renewed, subject to review and approval of the Secretary or
his authorized representative upon endorsement of the Protected Area Management
Board. After the expiration or non-renewal of the Agreement, all improvements and
structures in the area shall be donated/turned-over to the DENR.
Section 7. Who May Apply. The following may apply for SAPA:
7.1 Indigenous Peoples
7.2 Tenured Migrants
7.3 Local Government Units
7.4 Other Government Agencies (OGAs)
7.5 Other stakeholders (corporations, cooperatives, business entities, NGOs,
etc.)
The PAMB shall develop a set of criteria as guide for the selection of applicants.
Preference shall be given to IPs and tenured migrants in the issuance of the SAPA.
Section 8. Qualification of Applicants. The following may apply for SAPA:
For individual applicants;
8.1 A Filipino citizen of legal age
For Groups or Corporations or Associations;
8.2 An association, corporation, cooperative, partnership or a juridical person,
including non-government organizations at least sixty percent (60%) of the
capital of which is owned by Filipino citizens, whether private or public,
duly created and/or registered under Philippine laws.
Section 9. Application Requirements. The following are the requirements in
applying for SAPA:
9.1 General Requirements:
9.1.1 Duly accomplished application form;
9.1.2 Certified copy of birth certificate or any other evidence of Filipino
citizenship (for individuals) or ownership (for corporations);
9.1.3 Project description supported by maps and pictures of the proposed
area, development plan, timetable and description of activities
from preparation to project implementation. The description should
show sustainable management and development;
9.1.4 Proof of financial capability to manage and develop the area
applied for based on paid-up capital and/or collaterable real
properties;
9.1.5 Free and Prior Informed Consent (FPIC) of concerned IPs, as the
case maybe.
9.2 For Individual Applicants
9.2.1 For tenured migrant/s, a certification from the concerned Protected
Area Superintendent;
9.2.2 In case of application of qualified applicants other than the
PACBRMA holder within PACBRMA areas, a MOA between the
proponent and PACBRMA holder is necessary;
9.2.3 For IPs applying for areas outside their ancestral land/domain, a
certification from the Regional/Provincial NCIP that the applicant
is an IP living within the protected area.
9.3 For Groups/Corporations/Associations/Cooperatives/NGOs;
9.3.1 Copy of the SEC registration, Articles of Incorporation and By-
laws. A resolution of the governing board designating the
authorized representative of the said corporation, association or
partnership, if applicable;
9.3.2 Copy of the Resolution or Ordinance approved by the respective
Sangguniang Panlalawigan/Panlungsod/Bayan, if the applicant is a
Local Government Unit (LOU). It shall specify the authority of the
Local Chief Executive of the concerned LOU that she/he is
authorized to enter into a contract and she/he acts for and on behalf
of the LOU; and
9.3.3 For cooperatives, a Certificate of Registration with the Cooperative
Development Authority.
Section 10. Procedure in the Processing and Issuance of SAPA. The
following procedure shall be followed in the processing of application and issuance of
SAPA:
10.1 The application form (Annex A) together with all the necessary permits
and pertinent requirements as stated in Section 9 of this Order, shall be
filed with the Office of the concerned PASu who shall finish the review of
the application within ten (10) working days upon receipt thereof.
10.2 If found complete and in order, the application shall be referred to the
Protected Area Management Board (PAMB) for · deliberation and
subsequent recommendation for approval or disapproval. The P AMB
shall act on the application within fifteen ( 15) working days upon receipt
thereof;
The applicant shall also submit the project description to EMB for
technical scoping.
I 0.3 The RED upon the recommendation of the PAMB shall issue
clearance/disapproval of the application, within thirty (30) days upon
receipt thereof;
I 0.4 The PASu shall notify the applicant within seven (7) days of the result of
the deliberation. If the application is given clearance, the applicant should
obtain the result of the technical scoping from EMB;
I 0.5 The applicant should proceed with the preparation of the Comprehensive
Development and Management Plan (COMP) and together with the EIA
Report submit to EMB for the issuance of ECC;
10.6 The COMP and the ECC shall be submitted to the PAMB for review.
Once the COMP is approved, the Board shall pass a Resolution
recommending approval of the application for the SAPA;
10. 7 The Secretary or his authorized representative shall approve the SAPA;
and
I 0.8 The PASu shall inform the applicant.
The flow chart on the procedure for the issuance of SAPA is herein
attached as Annex B.
Section 11. Monitoring and Evaluation. The PAMB through the protected
area office (PAO) shall conduct regular monitoring and evaluation of the progress/status
of developments by the SAPA holder and submit monitoring reports to the PAMB Chair.
Section 12. Grounds for the Cancellation of the SAPA. The SAPA may be
cancelled by the Secretary or his authorized representative as recommended by the
PAMB for any of the following:
12.1 Violation or non-compliance with any of the terms and conditions
stipulated in the SAPA, the ECC and permits issued by other Government
agencies;
12.2 If the Agreement was obtained through fraud, misrepresentation or
omission of material facts existing at the time of filing of the application;
12.3 Abandonment of the area or failure to exercise the privilege granted within
the prescribed period of one (1) year from the issuance of the SAPA
without justifiable cause; (Include in the terms and conditions of the
Agreement);
12.4 Bankruptcy or closure of operation of the Corporation;
12.5 Violation of natural resources laws, rules and regulations;
12.6 When national interest so requires as determined by the DENR Secretary;
12. 7 In cases of force majeure resulting to the non-performance of any of the
obligations of the SAPA holder, the latter shall notify the DENR within
thirty (30) days from the occurrence of such events, including a statement
describing the force majeure and its effect upon the SAPA holder's ability
to comply with the terms and conditions of the Agreement. The DENR
and SAPA holder shall then discuss the actions to be taken within
mutually agreed schedule but not to exceed 30 days after such notice.
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Section 13. Transfer. A SAPA holder may transfer the Permit or any rights
therein or any assets used therewith, if authorized by the Secretary, and if:
13.1 The SAPA has been in existence for at least three (3) years;
13 .2 The SAPA holder has been faithfully complying with all the terms and
conditions of the SAPA, including implementation of the COMP;
13 .3 The transferee has all the qualifications and none of the disqualifications
to hold a SAPA; and
13.4 The transferee shall assume all the obligations and responsibilities of the
transferor specified in the SAPA, COMP and ECC.
Section 14. Penalties.
Violations of the provisions of this Order shall be
penalized in accordance with applicable laws, rules and regulations.
Section 15. Transitory Provisions. All ·existing permits, agreements,
contracts or leases shall be respected until their expiration. Henceforth, holders of such
permits may apply for SAPA, if applicable, in accordance with this Order.
Section 16. Repealing Clause. This Order repeals Section 3 of DAO 2004-28
entitled, "Rules and Regulations Governing the Use of Forestlands for' Tourism
Purposes" and all other issuances inconsistent herewith.
Section 17. Separability Clause. In case any portion or provision of this
Order is declared unconstitutional or invalid, the other portions or provisions hereof
which are not affected shall continue in full force and effect.
Section 18. Effectivity. This Administrative Order shall take effect fifteen
(15) days after its publication in a newspaper of general circulation and upon
acknowledgement of receipt of a copy thereof by the Office of the National
Administrative Register (ONAR).
DAOSAPAMay-16-07/Usec Borje's comments/ Lynette ~-..~~
",::"s:- NIIJMllJRAI.REllOURCES
IN REPL'1111&, PLS CITE:
SENR07-011912
Publicatioa: Mala.ya
August 31 , 2007 I1 IIIIIIIIIIIIIUIII
Recistratiea: UP Law C~ater
September 03 1 2007
7
Annex A. Application Form
Rep•blic of the Philippines
Department of Environment and Namral Reso•rces
Region _ __
Name of Protected Area: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Application No.: _ _ _ _ _ _ __ Date Filed: _ _ _ _ _ __
Status: New: Renewal:
Name of Applicant: _ _ _ _ _ -_-_-_ _ate_Expired: _ _ _ _ _ __
_ _ _ _ _ _ _ __
Address:
-----------------------
Tel. No.:._ _ _ _ _ _ _ E-mail Add:._ _ _ _ _ _ _ _ _ _ __
Type of Applicant:
Indigenous People
Tenured Migrant
Local Government Unit
Other Government Agency
Other Interested Party
Type of Special Use Applied for (Pis. tick appropriate box/es):
Ecotourism
Camp Sites
Communication
Transmission Lines
Irrigation Canals/Agriculture
Rights.-of-Way
Aqua culture
Monitoring Stations
Other Special Uses (Pis. specify)
Brief Description of Special Use Applied for:
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TERMS AND CONDITIONS OF THE SAPA
The following are the minimum terms and conditions that the SAPA holder
should observe and comply with:
1. Shall confine their development activities within the area specified in the
Agreement.
2. Shall pay the users fee prescribed by the Management Board.
3. Shall, within six (6) months from the issuance of the Agreement, delineate
and mark on the ground the boundaries of the area covered by the same
under the supervision of the PASU. The SAPA holder shall preserve at all
times such markers and other natural landmarks indicative of the
boundaries of the area under the Agreement.
4. Shall protect the area from destructive activities including forest fires,
illegal fishing, unlawful entry, and unauthorized gathering of resomces,
among others.
5. Shall submit to the PAMB an annual report of accomplishments indicating
management and development activities undertaken in accordance with its
Comprehensive Development and Management Plan (COMP).
6. Shall not impede, obstruct or in any manner, prevent the passage of
legitimate stakeholders and/or other protected area users and the public.
7. Shall secure prior approval of the PAMB on any changes in the
management, ownership or capital stock of the company or corporation or
transfer of a majority of the stock or shares of the company or corporation.
Failure to do so without justifiable cause shall be sufficient ground for the
cancellation of the SAPA.
8. Shall at all times comply with the conditions set forth in the ECC and
permits for the project issued by other Government agencies.
9. Abandonment of the area or failure to exercise the privilege granted within
the prescribed period of one (1) year from the issuance of the SAPA
without justifiable cause.
10. The DENR and/or PAMB may impose additional terms and conditions in
the SAPA, which are deemed, fit under the circumstances, consistent with
the existing rules, laws and regulations.
SAPA Agreement formc7
ATTACHMENTS:
For tenured migrant/s, a certification from the concerned CENRO;
For IPs, a certification from the Regional/Provincial NCIP that the
applicant is an IP living within the protected area;
For Government official or employee, a written permission from the
Department Secretary or head of the agency concerned;
For an individual applicant, a certified copy of birth certificate or any
other evidence of Filipino citizenship;
For a corporation, association or partnership, a copy of the SEC
registration, Articles of Incorporation and By-laws, and a resolution of
the Governing Board designating the authorized representative of the
said corporation, association or partnership;
For a cooperative, a certificate of registration with the Cooperative
Development Authority;
In case of application of non-tenured migrants within PACBRMA
areas for activities not included in the CRMP, a MOA between the
proponent and PACBRMA holder;
Indicative Development Plan; .
Proof of financial capability to manage and develop the area applied
for based on paid-up capital and/or collaterable real properties;
A certified copy of the applicant's Income Tax Returns for the past
five (5) years. In case the applicant has been in existence for less than
five years, the Income Tax Return(s) since its registration shall be
submitted;
If the applied protected area is within the Province of Palawan, a
clearance/authorization from the Palawan Council for Sustainable
Development (PCSD) pursuant to RA 7611 (Strategic Environmental
Plan for Palawan);
Free and Prior Informed Consent (FPIC) of concerned IPs and/or Prior
Informed Consent (PIC) of local communities and LGUs, when
necessary.
Checked and verified by: _ _ _ _ _ _ _ _ __
Printed Name and Signature
Date verified:
----------
2
ANNEX B. Flow Chart for the Processing of SAPA
APPLICANT PASU PAMB RED EMB SECRETARY
,.,-------·---- ... - - -------------·----------------- ------------~---------- - ----·----------~I
I
I
I
I
Files application; • Reviews requirements;
Project Description
submits requirements r - Checks status of area
- Endorses application
Deliberation
(30 days)
-,..
Clearance/
Disapproved I
(30 days)
(10 days) .
If w/ clearance, Informs
submit COMP and - Applicant (7 days) -
application for ECC
(90 days)
I
Submit application Reviews/
.
Deliberates
for ECC r
COMP& EIA
report
I
f approve. receives ECC Approves/
; Disapproves
t RevieWthe
1submit COMP & ECC
I -
COMP
'
II'
If approve Endorses approval I Issue the SAPA
recommend
Issuance of SAPA
- of SAPA "l
Receives SAPA l
1-
Informs
Applicant - I
c1/mydoc/sapa/flowchart2
