By FAY SIMMONS

Tribune Business Reporter

jsimmons@tribunemedia.net

THE Attorney General yesterday said reforms to the Bahamas Protected Area Fund (BPAF) Act will strengthen institutional capacity and allow monies already allocated to conservation agencies to be released.

Speaking in the Senate, Ryan Pinder KC said the legislative changes will enhance the management of marine protected areas (MPAs) by increasing the operational capacity of both government and non-government entities involved in marine conservation.

He said the amendments will also bring The Bahamas in line with international best practices and remove legal barriers preventing the release of earmarked conservation funds.

“Approval of the amendment will enable the timely release of critical funds already allocated to several government agencies, including the Forestry Unit, and support the project’s broader execution. It will also facilitate the disbursement of community-based marine conservation grants, blue economy programs and capacity-building initiatives across the Family Islands,” said Mr Pinder.

“Most importantly, the amendment strengthens the project’s institutional foundation, promotes effective resource management and supports The Bahamas’ international conservation commitments.”

Mr Pinder added that the legislative changes are also critical to the successful execution of The Bahamas’ debt conversion programme, a strategic initiative that ties debt relief to measurable environmental and conservation outcomes. Under this model, a portion of national debt - already some $124m - is redirected toward funding climate and conservation projects, including the management of marine protected areas and other ecologically significant zones.

However, Mr Pinder noted that the current legal framework governing the Bahamas Protected Areas Fund (BPAF) imposes limitations on how the funds can be used, particularly prohibiting the use of resources for recurring operational expenses such as salaries and administrative costs. These constraints have become a barrier to building the internal capacity required to manage and implement large-scale conservation projects funded through the debt conversion arrangement.

“To facilitate the effective implementation of the Debt Conversion Project, particularly the disbursement of capacity-building funds, an amendment to The Bahamas Protected Areas Fund (BPAF) Act is required. The current legislation restricts BPAF from funding salaries and other routine expenditures, which directly impedes the project’s ability to strengthen institutional capacity. 

The proposed amendment would create a targeted exception to allow such funding under the project,” said Mr Pinder. 

He added that the amendments include changes to the governance structure of the BPAF, specifically relating to the tenure of government-appointed Board members. 

Under the current legislation, directors appointed by the Government are required to serve fixed four-year terms. 

However, the proposed amendment would provide greater flexibility by allowing two of these appointed directors to serve at the Government’s discretion, meaning they could be replaced or reappointed at any time, based on shifting policy priorities or strategic needs. 

Mr Pinder explained that this change is intended to promote consistency and alignment between government conservation goals and the oversight of BPAF operations. By mirroring the governance structure already granted to other key stakeholders - such as the Bahamas National Trust (BNT) and The Nature Conservancy - the Government would retain a level of responsive oversight in the fund’s decision-making processes.

The move is also expected to support stronger institutional accountability by ensuring that Board members reflect the current administration’s conservation agenda and priorities

“Additionally, the amendment seeks to enhance BPAF’s governance by permitting two of the Government’s appointed directors on the Board to serve at the Government’s discretion, rather than being limited to a fixed term of four years. This adjustment aligns with an existing allowance, as BNT and The Nature Conservancy already hold permanent representation on the Board,” said Mr Pinder.