Dao 2007-17 (sapa)

Rules and Regulations governing Special Uses within Protected Areas

DAO 2007-17

I. Definition of Terms Section 3

Special Uses

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Include activities and introduction of development consistent with the Protected Area Management Plan (PAMP)

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Kinds of Special Uses: (subject to issuance of ECC and Secretary’s apprve 

A. Ecotourism Facilities

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B. Camp Sites

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C. Communication Facilities

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D. Transmission Lines

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E. Irrigation Canals/waterways

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F. Rights of Way (i.e. transmission lines, comm. Lines, etc.)

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G. Aqua culture

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H. Scientific Monitoring Stations (PAGASA, PhiVolcs, etc.)

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I. Agro-Forestry

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J. Forest Plantation

Special Use Agreement in Protected Areas (SAPA)

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A binding instrument between the DENR through the PAMB as the first party, and a second party, who may be the following:  Indigenous Peoples (IPs)*  Tenured Migrants*  Local Government Units (LGUs)  Other Government Agencies (OGAs)  Other stakeholders (corporations, cooperatives, business entities, NGOs, etc.)

* Given preference in in the issuance of SAPA

 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.

Ecotourism

II. SCOPE, COVERAGE, DURATION Section 4 and Section 6

SCOPE and COVERAGE, DURATION

 except in Strict Nature Reserves, SAPA may be issued within PAs whose management zones have been identified and delineated and confined only to management zones of the PA appropriate for the purpose.  Duration may be for 25 years and may be renewed, subject to review and approval of the Secretary or his/her authorized representative UPON PAMB endorsement.  After expiration or non-renewal, all improvements and structures in the area shall be donated/turn-over to the DENR.

III. REQUIREMENTS Section 8 and Section 9

QUALIFICATIONS (Applicants)

For individuals: • Filipino and of legal age For juridical entities (groups, corp., associations): • Duly created and/or registered under Phil. laws • And for corporations, NGOs: at least 60% of its capital is owned by Filipino citizens, whether private or public

 General Requirements: 1.Accomplished application form 2. Copy of birth certificate or any other evidence of Filipino citizenship or ownership

APPLICATION REQUIREMEN TS

3. project description with supporting maps and pictures of proposed area, development plan, timetable and description of activities (from preparation to proj. implementation). 4. proof of financial capability to manage and develop the area based on paid-up capital and/or collaterable real properties. 5. Free and Prior Informed Consent (FPIC) of concerned IPs.

For individuals: APPLICATION REQUIREMEN TS

for tenured migrant/s, a certification from the concerned PASu

for IPs applying for areas outside their ADs/land, a certification from the Regional/Provincia l NCIP that the applicant is an IP living within the PA

In case of qualified applicants other than PACBRMA holder within PCBRMA areas, a MOA between proponent and PACBRMA holder

APPLICATION REQUIREMEN TS

For juridical entities (groups, corp., associations):

For corporations, partnerships, associations, a copy of SEC registration, Articles of Incorporation, and By-laws. Board Resolution designating the authorized representative, if applicable.

for LGUs, copy of the SP/SB Resolution or Ordinance authorizing the local chief executive to contract for the purpose.

for cooperatives, a Certificate of Registration with the Cooperative Development Authority.

IV. SAPA APPLICATION PROCEDURE Section 10

PROCEDURE

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SUBMISSION: Application form with permits and other requirements filed with the PASu. Applicant shall also submit the project description to EMB for technical scoping

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INITIAL REVIEW: PASu shall finish the review of the application within 10 working days from receipt

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REFERRAL: If complete and in order, PASu shall refer the application to the PAMB for deliberation and approval/disapproval. PAMB shall act on the application within 15 working days from receipt.

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RESOLUTION: RD, upon PAMB recommendation, shall issue clearance/disapproval of the application within 30 days from receipt

PROCEDURE

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NOTIFICATION: PASu shall inform applicant within 7 days, the result of the deliberation. If cleared, the applicant should get the result of the technical scoping from the EMB.

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PREPARATION: Applicant should prepare and submit the Comprehensive Development and Management Plan (CDMP) together with the EIA Report to EMB for issuance of ECC.

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REVIEW: The CDMP and ECC shall be submitted to PAMB for review.

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RECOMMENDATION: Once the CDMP is approved, PAMB shall pass a Resolution recommending approval of the SAPA application

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APPROVAL: The Secretary of representative shall approve

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NOTICE: PASu shall inform the applicant

V. CANCELLATION OF SAPA Section 12

CANCELLATION GROUNDS:

1. violation or noncompliance of terms and conditions of the SAPA, ECC and other government permits

2. agreement was obtained through fraud, misrepresentation or omission of material facts EXISTING at the time of application

3. abandonment or failure to exercise the privilege granted within the period of 1 year from issuance of SAPA without just cause

4. bankruptcy or closure of operation (corporation)

5. violation of natural resources laws, rules and regulations

6. national interest requires as determined by the Secretary

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7. in case of FORCE MAJEURE, resulting to the non-performance of obligations by SAPA holder. 

SAPA holder shall notify the DENR within 30 days from occurrence of such events, including a statement describing the force majeure and its effects upon the SAPA holder’s ability to comply with the Agreement.

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The DENR And SAPA holder shall discuss actions to be taken within mutually agreed schedule but not exceeding 30 days after notice.

CANCELLATIO N GROUNDS:

VI. OTHER

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The PAMB through the PA Office shall conduct regular monitoring and evaluation of the progress/status of developments by the SAPA holder and submit monitoring reports to the PAMB Chair.

MONITORING AND EVALUATION

TRANSFER OF PERMITS  Transfer of permits / rights / assets used therewith is allowed if authorized by the Secretary, AND upon compliance with the following: 1. SAPA has been in existence for AT LEAST 3 years 2. SAPA holder has been faithfully complying with all the terms and conditions of the SAPA including implementation of the CDMP 3. transferee shall assume all the obligations and responsibilities of the transferor specified in the SAPA, CDMP and ECC.