Recommendations to the NIPAS Act
Below are proposed amendments to the NIPAS Act. These encompass existing provisions that are likely to strengthen the Act (as basis for effective management of PAs) if aptly amended. These proposed amendments assume that pertinent regulatory measures shall be accordingly strengthened as well. These proposed amendments were identified from an assessment of the Act from three (3) angles: 1. “Law-to-law”, or how the stipulations of the NIPAS Act relating to the 10 critical factors of management effectiveness were found to be consistent with, weakened, or boosted by other pertinent and related laws; 2. “Law-to-science”, or how the language and legal constructions of the NIPAS Act relating to the 10 critical factors of effectiveness, were found to be consistent with the empirical findings of field studies of PA management effectiveness, in the 6 PAs earlier assessed by the Silliman Team and German students as well as findings from elsewhere in the Philippines; 3. “Law-to-policy”, or to how the language and spirit of the NIPAS Act as a whole, and of its provisions pertinent to the 10 critical factors of effectiveness, can be properly and sufficiently executed through executive and administrative orders, regulations and issuances, given existing constitutional prescriptions and jurisprudence on the functions and powers of the Executive Branch and of its agencies. The following amendments and revisions to the NIPAS Act of 1992 in red might be proposed:
Provide a clear criteria of what characteristics areas should have to be included within the NIPAS The NIPAS Act does not clearly set the criteria as to what characteristics areas should have to be included within the system. By providing a minimum set of criteria in order for the policy makers to determine which areas should be included within the System, any vagueness in the law on the extent and coverage of the System will be averted and eliminated. This will further strengthen the enforcement of the law. Hence, it is recommended that Section 5 of NIPAS Act be amended as follows. Section 5 Establishment and Extent of the System -- The unique biodiversity and human-biodiversity interactions in an area shall be the main consideration in the determination of areas for inclusion in the NIPAS. These areas must be
An In-Depth Review of the Nipas Law and Related Statutes on the Establishment and Management of Protected Areas in the Philippines
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