Comparative Legal Analysis of the NIPAS Law
The NIPAS Law and the Convention on Biological Diversity
of biological diversity and sustainable development.
The NIPAS Law and the Convention on Biological Diversity The Convention on Biological Diversity (CBD) is an international legally binding treaty with the following goals: (1) conservation of biological diversity (or biodiversity); (2) sustainable use of its components; and (3) fair and equitable sharing of benefits arising from genetic resources. Its objective is to develop national strategies for the conservation and sustainable use of biological diversity. It is often seen as the key document regarding sustainable development. The Convention was opened for signature at the Earth Summit in Rio de Janeiro on 5 June 1992 and entered into force on 29 December 1993.
n In emphasizing biodiversity conservation
and sustainable development, the NIPAS Act mandates the adoption of a co-management approach. Under Section 11 of the law, each established PA is to be administered by the PAMB led by the Regional Executive Director (RED) of the Department of Environment and Natural Resources (DENR) Other members of the PAMB include representatives from the LGU concerned, local tribal communities where needed, local-based people’s organizations (POs) and non-government organizations (NGOs).
n With such a diverse composition, the
PAMB is expected to come up with sitespecific strategies and policies in all matters pertaining to the protection, planning, and administration of each established protected area. To this end, the PAMB shall adopt and be guided by a management plan/manual. 6 Any proposals for activities or projects to be implemented within a specific PA which is not covered by the management plan for the same shall be subjected to an environmental impact assessment 7 in order to mitigate possible negative environmental effects.
Likewise, the NIPAS Act governs the protection of wildlife species and their habitats through the establishment and management of protected areas in the country. The Act was passed for the protection of outstandingly remarkable areas and biologically important public lands that are habitats of rare and endangered species of plants and animals representative of biogeographic zones and related ecosystems. The salient points of the NIPAS law
n The NIPAS Act of 1992 or Republic Act (RA) No. 7586 is a landmark Philippine legislation which allows government to pinpoint and/ or classify public land and water areas with outstanding biological diversity as well as anthropological significance. One of the end goals of this law is to conserve and preserve the country’s natural heritage through the establishment and management of a comprehensive system of integrated protected areas that is consistent with the principles
Salient points of the NIPAS Law
n Section 3 categorizes protected areas, the
bases of which among others are other categories established by law, conventions or international agreements which the Philippine Government is a signatory.
Section 9, RA 7586 Section 12, RA 7586
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An In-Depth Review of the Nipas Law and Related Statutes on the Establishment and Management of Protected Areas in the PhilippineS
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