Existing Facilities within the Protected Area.
SEC. 20. Existing Facilities within the Protected Area. — Existing facilities within the protected area shall be inventoried and assessed by the PAMB in accordance with the objectives of this Act. Within thirty (30) days from the effectivity of this Act, unless extended by the PAMB, all commercial facilities existing within the boundaries of the protected area with a total capitalization exceeding One hundred thousand pesos (P100,000.00) shall submit to the PAMB through the Protected Area Superintendent the following information:
Environmental Impact Assessment and/or Environmental Management Plan;
Environmental Compliance Certificate, if any; and
Developmental Plan, if any.
Failure to submit the required information shall constitute a violation of this Act. Based on its submission, the PAMB, with the assistance of the DENR shall assess such facility and its future plan and operation vis-a-vis the objectives of this Act. The PAMB may prescribe conditions for the operation of the facility to ensure that it does not contradict protected area management objectives. If any of such conditions are violated, a fine of Five thousand pesos (P5,000.00) for every day of violation shall be imposed. If the fine reaches the total amount of Five hundred thousand pesos (P500,000.00), regardless of duration; the PAMB, through the Protected Area Superintendent and deputizing other government entities, shall cause the cessation and demolition of the facility at the cost of its owners.
The removal of existing facilities which provide basic services and amenities to the public shall require the concurrence of the LGU consistent with the responsibility of the local government to its constituents.
Existing facilities allowed to remain within the protected area may be charged a reasonable fee, subject to DENR approval pursuant to Section 10(f) of the NIPAS Act by the PAMB based on the extent of its impact on the environment and biodiversity.
Utilization of Non-renewable Resources.
SEC. 21. Utilization of Non-renewable Resources. — Any exploration, exploitation or utilization of non-renewable resources within the protected area shall not be allowed.
Environmental Impact Assessment System.
SEC. 22. Environmental Impact Assessment System. — Existing laws, rules and regulations relating to Environmental Impact Assessment shall be applicable to projects and activities intended in the protected area. The issuance of the Environmental Compliance Certificate or its exemption shall be coordinated with the PAMB.
Partnership among Government, Non-government Organizations and People's Organizations.
SEC. 23. Partnership among Government, Non-government Organizations and People's Organizations. — For the purpose of attaining the objectives of this Act, all government agencies, non-government organizations, people's organizations and their personnel shall continuously foster and develop a strong and true partnership.
All non-government organizations, people's organizations and private entities implementing any park conservation, protection and development program must be accredited by the LGUs and the DENR.
Roles of Local Government Units and National Agencies in the Protected Area.
SEC. 24. Roles of Local Government Units and National Agencies in the Protected Area. — LGUs and relevant national agencies shall be represented in the PAMB and shall have the following roles:
Apprise their respective constituents, office, and sector on activities and programs for the protected area;
Ensure consistency in the implementation of all activities in the protected area;
Retain their ordinance-making powers over the protected area and shall consider the Management Plan and the rules and regulations adopted by the PAMB in their legislative agenda relating to biodiversity, conservation, protection and sustainable development;
In the formulation of their development plan, LGUs shall consider the protected area management plan for Mt. Apo Protected Area to be prepared by the PAMB;
Assist the PAMB in the implementation of the overall park programs, including but not limited to the imposition, collection and utilization of park fees, enforcement of policies, rules and regulations and other similar park activities;
Accredit people's organizations, non-government organizations and other entities and groups involved in activities within the protected area; and
Provide the PAMB with relevant information and data for the effective management of the protected area.
Public Service Utilities, Projects.
SEC. 25. Public Service Utilities, Projects. — All existing and future development projects of public service utilities involving water services, communication facilities, power and energy generation, public security, health and education services and other facilities which will promote public welfare, shall be implemented within areas designated/approved by the PAMB and other appropriate government agencies.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
