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Rules and Regulations

governing Special Uses


within Protected Areas DAO 2007-17
I. Definition of Terms
Section 3
 Include activities and introduction of development
consistent with the Protected Area Management Plan
(PAMP)
 Kinds of Special Uses: (subject to issuance of ECC and
Secretary’s apprve
 A. Ecotourism Facilities
 B. Camp Sites
 C. Communication Facilities
Special  D. Transmission Lines

Uses  E. Irrigation Canals/waterways


 F. Rights of Way (i.e. transmission lines, comm. Lines, etc.)
 G. Aqua culture
 H. Scientific Monitoring Stations (PAGASA, PhiVolcs, etc.)
 I. Agro-Forestry
 J. Forest Plantation
Special Use Agreement in Protected
Areas (SAPA)

 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
Ecotourism
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.
II. SCOPE, COVERAGE,
DURATION
Section 4 and Section 6
 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.
SCOPE and
COVERAGE,  Duration may be for 25 years and may be

DURATION 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
3. project description with supporting maps
and pictures of proposed area, development
APPLICATION plan, timetable and description of activities
REQUIREMEN (from preparation to proj. implementation).
TS 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
for IPs applying
REQUIREMEN In case of
for areas outside
qualified
their ADs/land, a
TS for tenured
certification from
applicants other
migrant/s, a than PACBRMA
the
certification from holder within
Regional/Provincia
the concerned PCBRMA areas, a
l NCIP that the
PASu MOA between
applicant is an IP
proponent and
living within the
PACBRMA holder
PA
For juridical
entities (groups,
corp.,
APPLICATION associations):
For corporations,
REQUIREMEN partnerships,
associations, a
for LGUs, copy of the
TS copy of SEC
registration, Articles
SP/SB Resolution or
for cooperatives, a
Certificate of
Ordinance
of Incorporation, and Registration with the
authorizing the local
By-laws. Board Cooperative
chief executive to
Resolution Development
contract for the
designating the Authority.
purpose.
authorized
representative, if
applicable.
IV. SAPA APPLICATION
PROCEDURE
Section 10
 SUBMISSION: Application form with permits and
other requirements filed with the PASu. Applicant
shall also submit the project description to EMB
for technical scoping
 INITIAL REVIEW: PASu shall finish the review of
the application within 10 working days from
receipt

PROCEDURE  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.
 RESOLUTION: RD, upon PAMB recommendation,
shall issue clearance/disapproval of the
application within 30 days from receipt
 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.
 PREPARATION: Applicant should prepare and
submit the Comprehensive Development and
Management Plan (CDMP) together with the EIA
Report to EMB for issuance of ECC.
PROCEDURE  REVIEW: The CDMP and ECC shall be submitted
to PAMB for review.
 RECOMMENDATION: Once the CDMP is
approved, PAMB shall pass a Resolution
recommending approval of the SAPA application
 APPROVAL: The Secretary of representative
shall approve
 NOTICE: PASu shall inform the applicant
V. CANCELLATION OF
SAPA
Section 12
CANCELLATION GROUNDS:

2. agreement was 3. abandonment or


1. violation or non-
obtained through fraud, failure to exercise the
compliance of terms
misrepresentation or privilege granted within
and conditions of the
omission of material the period of 1 year
SAPA, ECC and other
facts EXISTING at the from issuance of SAPA
government permits
time of application without just cause

4. bankruptcy or closure 5. violation of natural 6. national interest


of operation resources laws, rules requires as determined
(corporation) and regulations by the Secretary
 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
CANCELLATIO
effects upon the SAPA holder’s ability to comply
with the Agreement.
N GROUNDS:
 The DENR And SAPA holder shall discuss actions
to be taken within mutually agreed schedule but
not exceeding 30 days after notice.
VI. OTHER
 The PAMB through the PA Office shall
conduct regular monitoring and MONITORING
evaluation of the progress/status of
developments by the SAPA holder and AND
submit monitoring reports to the PAMB
Chair. 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.