An Act Declaring the Balanga Wetland and Nature Park Located in Barangay Tortugas, City of Balanga, Province of Bataan as a Responsible, Community-Based Ecotourism Zone and Appropriating Funds Therefor

Seventeenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand eighteen.

REPUBLIC ACT No. 11365

An Act Declaring the Balanga Wetland and Nature Park Located in Barangay Tortugas, City of Balanga, Province of Bataan as a Responsible, Community-Based Ecotourism Zone and Appropriating Funds Therefor

Be it enacted by the Senate and House of Representatives of the Philippine Congress assembled:

Section 1. Short Title. -This Act shall be known as the "Balanga Wetland and Nature Park Responsible Ecotourism Act".

Section 2. Declaration of Policy. -The State is mandated to promote a tourism industry that is ecologically sustainable, responsible, participative, culturally sensitive, economically viable, and equitable for the local community. Towards this end, the Balanga Wetland and Nature Park (BWNP) is hereby declared a special ecotourism zone. It shall be accorded priority development by the Department of Environment and Natural Resources (DENR), Department of Tourism (DOT), Department of Public Works and Highways (DPWH), and the Tourism Infrastructure and Enterprise Zone Authority (TIEZA) and shall be subject to the rules and regulations governing the development of ecotourism zones provided in the national ecotourism strategy jointly issued by the DENR and the DOT.

Section 3. Objectives. -Pursuant to the above declaration of policy, the State shall endeavor to accomplish the following:

Section 4. Definition of Terms. -As used in this Act:

Section 5. Balanga Wetland and Nature Park Ecotourism Zone. -The BWNP located in Barangay Tortugas, City of Balanga, Province of Bataan is hereby declared as a responsible, community-based ecotourism zone. It shall be accorded priority development by the DOT, DENR, DPWH, and the TIEZA and shall be subject to the rules and regulations governing the development of ecotourism zones provided in the national ecotourism strategy jointly issued by the DENR and the DOT.

Section 6. Scope and Coverage. -The BWNP, which shall cover an area of one hundred fifty-three thousand five hundred seventy-eight (153,578) square meters of mangrove forest and one hundred eighty-seven thousand five hundred (187,500) square meters of foreshore land, is hereby declared an ecotourism zone. Its boundaries shall be as follows:

Beginning at a point marked 1, being N 35°55′ E, 335.73 meters from MBM 1, Balanga Cadastre, Bataan.

to the point of beginning containing an area of one hundred fifty-three thousand five hundred seventy-eight (153,578) square meters, more or less.

(b) Foreshore Land

Beginning at a point marked "1" on the map, being N 46° 59′ E, 565.88 meters from MBM #1, Balanga Cadastre, Bataan.

to the point of beginning containing an area of one hundred eighty-seven thousand five hundred (187,500) square meters, more or less.

The metes and bounds of the BWNP shall be indicated on maps and/or nautical charts. Any modification of the coverage of this Act due to such factors as changing ecological situation, new scientific or archaeological findings, or discovery of traditional boundaries not previously taken into account shall be made through an act of Congress, after consultation with the concerned government agencies.

Section 7. Establishment of a Buffer Zone. -There shall also be established buffer zones surrounding the BWNP for the purpose of providing extra protection around the area, where restrictions shall apply and communities can assist in repealing threats to the BWNP. Such buffer zones shall be managed according to the ecotourism development and management plan formulated pursuant to this Act.

Such buffer zone shall be included in the ecotourism development and management plan of the BWNP: Provided, That no build up or reclamation detrimental to the biodiversity in the BWNP shall be done within the designated buffer zone. The Council shall exercise its authority over the designated buffer zone.

Section 8. Balanga Wetland and Nature Park Ecotourism Development and Management Plan. -The DENR and the DOT, in coordination with the DPWH and the TIEZA, shall jointly assist the Balanga Wetland and Nature Park Development Council, herein created, in the formulation of the ecotourism development and management plan for the BWNP that shall be complemented by a set of guidelines for a responsible, community-based ecotourism. The ecotourism development and management plan shall ensure the preservation of the eco-park and shall include the following components:

The process of developing the ecotourism development and management plan for the BWNP shall be participatory, from the bottom up, with the framework to be provided by the DOT and the DENR, in consultation with the Balanga Wetland and Nature Park Development Council herein created.

In order to protect the mangrove forest in the BWNP, the foreshore areas shall not be leased to any private entity.

Section 9. Formation of the Balanga. Wetland and Nature Park Development Council.— A multi-sectoral council to be known as the "Balanga Wetland and Nature Park Development Council", hereinafter referred to as the Council, shall be created. It shall be composed of the following members:

The ex officio members of the Council by virtue of their elective or appointive government positions as specified in the immediately preceding subparagraphs (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), and (l) shall serve for the duration of their respective terms of office in their respective elective or appointive government positions.

The members of the Council specified under subparagraphs (m), (n), and (o) of this Section shall be elected by the ex officio members of the Council in a transparent and fair selection process. They shall each serve a term of three (3) years and may be reappointed for another term.

The members of the Council shall serve without compensation, except for the actual and necessary travelling and subsistence expenses incurred in the performance of their duties, either in their attendance in meetings of the Council or in connection with other official business authorized through a resolution of the Council, subject to existing rules and regulations. Each member shall have the full capacity and accountability for decisions binding to the member’s sector.

The members of the Council duly elected or appointed prior to the effectivity of this Act shall continue their term until the expiration of their term or appointment. Thereafter, members of the Council shall be appointed in accordance with the provisions of this Act: Provided, That at least forty percent (40%) of the members of the Council shall be women pursuant to Republic Act No. 9710 or "The Magna Carta of Women".

A member of the Council may be removed for any of the following grounds:

The local government of the City of Balanga shall provide a Secretariat for the Council including the funding necessary to cover the expenses for the performance of its official functions and activities.

Section 10. Functions and Responsibilities of the Council. -The Council shall be responsible for the following:

Section 11. Formulation of Guidelines and Standards. -The DENR and the DOT shall assist the Council in the formulation of local ecotourism standards ensuring that environmental protection is integrated in the development and management of the ecotourism plans.

The guidelines and standards shall:

Section 12. Coordination with National Agencies. -The DENR and the DOT shall closely coordinate with the Council, as well as the relevant regional offices of the Department of Labor and Employment (DOLE), Department of Public Works and Highways (DPWH), Department of Transportation (DOTr), Department of Agriculture (DA), Department of Education (DepEd), Department of Trade and Industry (DTI), Department of the Interior and Local Government (DILG), Philippine National Police (PNP), Maritime Industry Authority (MARINA) and other line agencies of the government in the implementation of this Act.

Section 13. Implementing Rules and Regulations. -Within thirty (30) days from the effectivity of this Act, the DENR and the DOT, in consultation with the Council, other concerned government agencies, and stakeholders, shall promulgate the necessary rules and regulations for the proper and effective implementation of this Act.

Section 14. Appropriations. - The Secretaries of the DENR, DOT, and DPWH and the Chief Operating Officer of the TIEZA shall include in their subsidy programs, support for the capital outlay requirements of the BWNP for the preliminary implementation of this Act and enhancement of the facilities of the ecotourism zone which shall be taken from the budget of their respective agencies for the current fiscal year.

The budgetary allocations for the succeeding years shall be included in the General Appropriations Act, subject to government audit.

Section 15. Separability Clause.— If, for any reason, any provision of this Act is declared unconstitutional or invalid, other provisions hereof which are not affected thereby shall continue to be in full force and effect.

Section 16. Repealing Clause.— All laws, decrees, executive orders, proclamations and administrative regulations, or parts thereof inconsistent herewith are hereby repealed or modified accordingly.

Section 17. Effectivity.— This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of general circulation or in the Official Gazette.

Approved,

(Sgd) GLORIA MACAPAGAL-ARROYO
Speaker of the House of Representatives

(Sgd) VICENTE C. SOTTO III
President of the Senate

This Act was passed by the Senate of the Philippines as Senate Bill No. 2228 on May 27, 2019, and adopted by the House of Representatives as an amendment to House Bill No. 8441 on May 29, 2019.

(Sgd) DANTE ROBERTO P. MALING
Acting Secretary General
House of Representatives

(Sgd.) MYRA MARIE D. VILLARICA
Secretary of the Senate

(Sgd) RODRIGO ROA DUTERTE
President of the Philippines

Approved: August 8, 2019.