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Dr. Niraj Sharma, ScientistDr. Niraj Sharma, ScientistCentral Road Research Institute (CRRI)Central Road Research Institute (CRRI)

New Delhi, 110 020New Delhi, 110 020Email: neeraj.crri @ nic.inEmail: neeraj.crri @ nic.in

“ “ Issues Related to Forest & Wildlife Issues Related to Forest & Wildlife Clearance”Clearance”

( June 20( June 20thth, 2013), 2013)

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““Forest Clearance” Forest Clearance”

[[As per the Provisions ofAs per the Provisions ofThe Forest ( Conservation) Act (1980) The Forest ( Conservation) Act (1980)

(Including Forest (Conservation) (Including Forest (Conservation) Rules(2003Rules(2003)] )]

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Forest Cover in India

• Forest and tree cover of the country ~78.29 million Forest and tree cover of the country ~78.29 million hectares, ~ 23.81% of the geographical area hectares, ~ 23.81% of the geographical area

• India’s forest cover declined, maximum loss in AP(281 India’s forest cover declined, maximum loss in AP(281 kmkm22).).

• While, 15 States have registered aggregate increase of While, 15 States have registered aggregate increase of 500 km500 km2 2 in their forest, Punjab leading with 100 kmin their forest, Punjab leading with 100 km22, ,

• 12 States and Union Territories, mainly from the northeast, 12 States and Union Territories, mainly from the northeast, have shown a decline of 867 kmhave shown a decline of 867 km22

• MP has the largest forest cover in the country at 77,7700 MP has the largest forest cover in the country at 77,7700 kmkm2 2 followed by Arunachal Pradesh at 67,410 kmfollowed by Arunachal Pradesh at 67,410 km22

• In terms of % of forest cover w.r.t. total geographical area, In terms of % of forest cover w.r.t. total geographical area, Mizoram tops (90.68%) followed by Lakshadweep Mizoram tops (90.68%) followed by Lakshadweep (84.56%)(84.56%)

The Hindu, New Delhi, February 7, 2012

Forest survey of India Report, 2011Sources-

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• It is a Regulatory Act, not prohibitory.• The Act is an interface between conservation and

development.• Permits judicious and regulated use of forest

land for non-forestry purposes. • Prior approval of the Central Government is

essential for de-reservation of forest lands and / or diversion of forest lands for non-forestry purposes.

Main Features of Forest(Conservation) Act(1980)Main Features of Forest(Conservation) Act(1980)

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• In J&K diversion of forest land is done under In J&K diversion of forest land is done under J&K Forest (Conservation) Act, 1992J&K Forest (Conservation) Act, 1992

• During 1950-80, the rate of diversion of forest During 1950-80, the rate of diversion of forest land for non-forestry purposes was – land for non-forestry purposes was – 1,50,000 1,50,000 hectares per annum hectares per annum

• After enactment of the Forest Act (1980)After enactment of the Forest Act (1980), the , the rate of diversion of forest land for non-forestry rate of diversion of forest land for non-forestry purposes came down to purposes came down to about 35,000 ha per about 35,000 ha per annumannum

Main Features of Forest(Conservation) Act(1980) - Main Features of Forest(Conservation) Act(1980) - Contd.Contd.

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• To  Check Indiscriminate Diversion of Forest Land for Non-Forest Purposes- MoEF is Nodal Agency

• Clearance Under Act (Diversion of Forest Land for Non - Forest Purposes) is Difficult & Time Consuming

• Permission is Given by MoEF (Stage-1 & Stage-2) With Strict Conditions Including “Compensatory Afforestation”

• Cases to be Dealt Under Upto 5 ha : Regional Chief Conservator of Forest (RCCF)5-40ha : RCCF in Consultation with State Advisory

Group by Regional Office of MoEF (Clearance Issued by MoEF)

>40ha : Forest Advisory Committee FAC (by MoEF)

The Forest (Conservation) Act (1980) including Forest The Forest (Conservation) Act (1980) including Forest Conservation Rules (2003) Conservation Rules (2003)

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• ““Forest Clearance” is required for diversion of forest land for Forest Clearance” is required for diversion of forest land for non-forest activitiesnon-forest activities

• There is a Difference Between There is a Difference Between “NOC”“NOC” and and “Forest Clearance”“Forest Clearance”• Any developmental work on forest land is not allowed before Any developmental work on forest land is not allowed before

the handing over of forest land (Stage –II Clearance ) to the the handing over of forest land (Stage –II Clearance ) to the proponent by the concerned forest departmentproponent by the concerned forest department

• No Construction Work Should be Started even on those No Construction Work Should be Started even on those “stretches” of the Road alignment, which do not Pass Through “stretches” of the Road alignment, which do not Pass Through the Forest Areas, if the Project Involves Both Non-Forest Land the Forest Areas, if the Project Involves Both Non-Forest Land and Forest landand Forest land

• Any Road Project, Even if Passing Through Various Districts, is Any Road Project, Even if Passing Through Various Districts, is Considered as One ProjectConsidered as One Project

• MoEF Guidelines Needs to be Referred for the Same MoEF Guidelines Needs to be Referred for the Same • Violation may result Prosecution under the Provisions of Forest Violation may result Prosecution under the Provisions of Forest

(Conservation) Act(1980) and the Environment ( Protection) Act (Conservation) Act(1980) and the Environment ( Protection) Act ( 1986)( 1986)

The Forest Clearance - The Forest Clearance - Important Facts Important Facts

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• The Act Relates to Forest, Transit of Forest-Produce and Duty Levied on Timber and Other Forest- Produce

• Different States Made Amendments to Suit their Requirements

• Defines Forest, Reserved Forest (RF) and Protected Forest (PF)

• ‘Forest’ Means ‘an Extensive Tract of Land Covered with Trees and Undergrowth, Sometimes Intermingled with Pasture’

• The State Government May Constitute any “Forest” Land or Waste Land as RF or PF

The Indian Forest Act (1927) and AmendmentsThe Indian Forest Act (1927) and Amendments

Apr 21, 2023 CRRI 9

• ““Reserved Forest” and “Protected Forest” are Reserved Forest” and “Protected Forest” are Declared as such according to nature and extent of Declared as such according to nature and extent of human activities permitted in themhuman activities permitted in them

• ““Reserved Forest” - Rights to all activities like hunting, Reserved Forest” - Rights to all activities like hunting, grazing, etc are banned unless specific orders are grazing, etc are banned unless specific orders are issued otherwise, issued otherwise,

• ““Protected Forest” - Rights to all activities like hunting, Protected Forest” - Rights to all activities like hunting, grazing, etc in are allowed unless specific orders are grazing, etc in are allowed unless specific orders are issued otherwise. issued otherwise.

• ““Reserved Forests” and “Protected Forests” both are Reserved Forests” and “Protected Forests” both are declared by the respective State Governments declared by the respective State Governments

““Reserved Forests” and “Protected Forests” Reserved Forests” and “Protected Forests”

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Apr 21, 2023 CRRI 10

• Reserved Forests are often upgraded to status of Reserved Forests are often upgraded to status of “Wildlife Sanctuaries”, which in turn may be upgraded “Wildlife Sanctuaries”, which in turn may be upgraded to status of “National Parks”, to status of “National Parks”,

• Each category receiving a higher degree of protection Each category receiving a higher degree of protection and government funding and government funding

• For example, For example, Sariska National ParkSariska National Park was declared a was declared a Reserved forest in Reserved forest in 19551955, upgraded to the status of a , upgraded to the status of a Wildlife Sanctuary in Wildlife Sanctuary in 19581958, becoming a , becoming a Tiger Tiger ReserveReserve in in 19781978. Sariska became a National Park in . Sariska became a National Park in 19921992..

Contd.Contd.

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• Earlier, The Act was Applicable to PF , RF and “Deemed to be PF” only

• However, By its order of 1996, the Apex Court ( Hon’ble Supreme Court of India) has extended the provisions of the Act to all forests. irrespective of ownership (including ‘forests” as understood in the dictionary sense)

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Applicability of Forest (Conservation) Act (1980)

ForestForest

Oxford Dictionary has defined forest as

• “a large area covered chiefly with trees and undergrowth:a pine forest[mass noun]:a large tract of forest”

• Reserve ForestReserve Forest• Protected ForestProtected Forest• Linear Plantation (Declared as PF by the State Govt.)Linear Plantation (Declared as PF by the State Govt.)• Revenue Forest (Zudpi Jungle, Jangal Jhari, etc.)Revenue Forest (Zudpi Jungle, Jangal Jhari, etc.)• ““Mangroves in State of Maharastra” (Orders of Hon’be Mangroves in State of Maharastra” (Orders of Hon’be

Mumbai High Court )Mumbai High Court )• Area Adjoining Area Adjoining “Central Ridge Area in Delhi” “Central Ridge Area in Delhi” (RF??) (RF??)

Having Similar Having Similar “Morphological Features“Morphological Features” ” (Hon’ble (Hon’ble Supreme Court of India Order: May , 1986)Supreme Court of India Order: May , 1986)

• National Park, National Park, Wildlife Sanctuary, Wildlife Sanctuary, Conservation Conservation Reserve Reserve (Declared Earlier as RF/PF)(Declared Earlier as RF/PF)

• Wildlife Corridor (??)Wildlife Corridor (??)13

Applicability of Forest (Conservation) Act (1980)

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• Bombay Environmental Action Group (BEAG) filed PIL in Bombay Environmental Action Group (BEAG) filed PIL in Bombay High Court in Wake of July 2005 Deluge in MumbaiBombay High Court in Wake of July 2005 Deluge in Mumbai

• In October 2005, in Response to PIL, Hon’ble Bombay High In October 2005, in Response to PIL, Hon’ble Bombay High Court “Freezed the Destruction and Cutting of Mangroves in Court “Freezed the Destruction and Cutting of Mangroves in Maharashtra”Maharashtra”

• Court Ruled that Mangroves be “Mapped” and “Notified” as Court Ruled that Mangroves be “Mapped” and “Notified” as “Protected Forest” and Handed Over to Forest Department by “Protected Forest” and Handed Over to Forest Department by Aug. 2006- Aug. 2006- Ruling Was for Protection of Mangroves in Entire Ruling Was for Protection of Mangroves in Entire StateState

• After the Court Ruling, ~ 5,586 ha. of the 6,000 ha. of (~90%) After the Court Ruling, ~ 5,586 ha. of the 6,000 ha. of (~90%) of Mangroves Identified in Mumbai, Thane and Navi Mumbaiof Mangroves Identified in Mumbai, Thane and Navi Mumbai

• Mumbai alone has 1,534 hectares of MangrovesMumbai alone has 1,534 hectares of Mangroves

• Court also Issued Orders for Cessation of all Construction Activity Within 50m on all Sides of Mangroves Areas

Mangroves in Maharashtra Declared as PFMangroves in Maharashtra Declared as PF

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Forest Clearance Process- A Two Stage Process (I) First Stage Clearance• In-Principle ApprovalIn-Principle Approval• Conditions SpecifiedConditions Specified• Deposit NPV in CAMPA Fund (5.80 to 10.43 lakhs/ha) Deposit NPV in CAMPA Fund (5.80 to 10.43 lakhs/ha)

depending on legal status and density of forest. depending on legal status and density of forest. • Deposit Money for Compensatory Afforestation (CA)Deposit Money for Compensatory Afforestation (CA)• Certification from State Govt., Collector and Gram Certification from State Govt., Collector and Gram

Sabha Resolution for settlement/compliance Sabha Resolution for settlement/compliance of of Forest Right (Act) 2006.Forest Right (Act) 2006.

• Plant at Least Double the No. of Trees FelledPlant at Least Double the No. of Trees Felled• Provide land for land (not in Centrally Sponsored Provide land for land (not in Centrally Sponsored

Projects)Projects)• No activity Allowed Until No activity Allowed Until “Final Clearance”(Stage –II ”(Stage –II

Clearance) AccordeClearance) Accordedd• State can stipulate additional conditionsState can stipulate additional conditions

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Agencies Empowered to Grant Forest Clearance Agencies Empowered to Grant Forest Clearance for Diversion of Forest Landfor Diversion of Forest Land

• Upto 5 ha Upto 5 ha - Regional Offices of the MoEF as per Forest - Regional Offices of the MoEF as per Forest (Conservation) Rules, 2003 (Conservation) Rules, 2003

• > 5 ha and upto 40 ha > 5 ha and upto 40 ha - R.O., MoEF,to Process, - R.O., MoEF,to Process, Scrutinize and Forward Diversion Proposal Scrutinize and Forward Diversion Proposal (In (In Consultation State Forest Advisory Group)Consultation State Forest Advisory Group) to MoEF-HQ to MoEF-HQ along with their Recommendations along with their Recommendations

• > 40 ha > 40 ha --State Government/UT Administration to forward State Government/UT Administration to forward the proposal with recommendations to MoEF the proposal with recommendations to MoEF ((Scrutinized Scrutinized by Forest Advisory Committee)by Forest Advisory Committee)

• RO, MoEF RO, MoEF -- To Carry out Site Inspection, if Diversion is > To Carry out Site Inspection, if Diversion is > 100 ha or if there is any Violation Under FC (Act) (1980) or 100 ha or if there is any Violation Under FC (Act) (1980) or EPA (1986) for the Proposal/Project Under Implementation EPA (1986) for the Proposal/Project Under Implementation Stage/ CompletedStage/ Completed

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Second (II) Stage Clearance

• Final Approval ( Handing Over of the Land)Final Approval ( Handing Over of the Land)

• Deposition of fundsDeposition of funds

• Fulfillment/Compliances of Stipulated Fulfillment/Compliances of Stipulated ConditionsConditions

• Compliance of Forest Right (Act) 2006.Compliance of Forest Right (Act) 2006.

• Compensatory Afforestation (CA) Related Compensatory Afforestation (CA) Related Issues Issues

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Procedure for Obtaining “Forest Clearance as per the Forest (Conservation) Rules (2003) (Stage I Clearance)

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Form ‘A’

Area>40ha Along with recommendations of State/ UT govt.

Final approval

Scrutiny, Remarks, Recommendations

State Government/Union Territory Administration

(Concerned Secretary)(Part V)

MoEF (Competent Authority)

Chief Conservator of Forest or CoF of Regional Office of MoEF

Examine details, site inspection, and preparation of formal proposal

Regional Empowered Committee(State Advisory Groups)

Incomplete or deficient proposals to be returned to State Government

Recommendation of Principal Chief Conservator of Forest (Part IV)

Recommendations & Diversion Proposal

Area upto 5ha. Other than mining & regularization encroachment

Area 5-40ha including mining and encroachment proposals

Recommendations

Forest Clearance Granted

60 days

Scrutiny, Remarks, Recommendations

30 days

45 days

45 days

Proposal by user agency(Part I of Form A)

Deputy Conservator of Forest and Conservator of Forest (Part II & III)

(Part II & III)

Nodal Officer*

Returned if, incomplete

90 days

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Form-A for “Forest Clearance” (Form Seeking Approval under Section 2 of the proposal by the State Government and other Authorities)

Stage II Clearance (Physical handover of the Forest land)

Part-I

Part-II

Part-III

Part-IV

To be filled by User Agency

Details to be furnished: (i) Project Details, (ii) Purpose wise breakup of total land required, (iii)Details of displacement of people due to project, (iv)Whether clearance under EPA (1986) required, (v)Details of certificate/documents enclosed as required etc (Complete details of alternatives alignment examined especially in case of projects like roads, transmission lines etc.).

To be filled by concerned Deputy Conservator of Forest (DCF)

Details to be Furnished: (i) Location of project, (ii) Details of compensatory afforestration, (iii) Site inception report of DCP, (iv) Division/ District profile, (vi) Requirement of forest land by user agency is unavoidable & barest minimum for project, if no, give area item-wise details of alternatives examined (vi) Specific recommendations of the DCF for acceptance or otherwise, (vii) any work in violation of act has been done. If yes, details of same with period of work have done, action taken on erring officials & whether working violation is still in progress.

To be filled by Concerned Conservator of Forest

Details to be Furnished: (i) Whether sites, where forest land involved is located been inspected by concerned conservator of forest, if yes date of inspection & observations made in form of inception note to be enclosed, (ii) concerned conservator of forest agree with information given in Part-B and recommendations of deputy conservator of forest, (iii) recommendations of Concerned Conservator of Forest for acceptance or otherwise of proposal with detailed reasons.

To be filled by Nodal Officer or Principle Chief Conservator of Forest or Head of Forest Department

Details to be furnished: (i) Detailed opinion & specific recommendations of State Forest Department for acceptance of otherwise of the proposal with remarks.

To be filled by Secretary in charge of Forest Department or by any other Authorized officer of the State Government not below the rank of an Under Secretary

Details to be furnished: (i) Recommendations of State Government, (ii) adverse comments made by office or authority in Part II, or Part III or Part IV above should be specifically commented uponPart-V

Central Government (MoEF)

To be submitted by State Government (Complete Form with certificates along with clarification/guidelines given by MoEF)

Compliance Report by concerned State/ UT Govt.

Incomplete or deficient proposals to be returned to State Government

Stage I (In Principle Approval)

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• Provide for Preservation of Trees in NCR of Delhi• Restriction on Felling and Removal of Trees• Tree – “ Any Woody Plant Whose Branches Spring

from and are Supported Upon a Trunk , Which is not less than 5cm in dia. at a Height of 30cm and is not Less than 1m from Ground Level

• Girth Size Measured at 1.85m Above Ground Level

• Specifies Constitution of “Tree Authority” and “Tree Officer”

• Species “Compensatory Afforestation” (1:10) in Lieu of Trees Cut

The Delhi Preservation of Trees Act (1994)The Delhi Preservation of Trees Act (1994)

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““Prior Environmental Clearance”Prior Environmental Clearance” of of the Project, Which Also involves the Project, Which Also involves “Forest “Forest

Clearance”Clearance”

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• MoEF Clarification/Guidelines Dated Dec. 2MoEF Clarification/Guidelines Dated Dec. 2ndnd, 2009, March , 2009, March 3131stst, 2011 & May 18, 2011 & May 18thth, 2012, 2012

• Clarification/Revised Procedure Mainly for Mining Projects, Clarification/Revised Procedure Mainly for Mining Projects, However, Applicable to All Projects However, Applicable to All Projects Requiring EC Under Requiring EC Under EIA Notification, 2006 as Well As Forest Clearance (1980) EIA Notification, 2006 as Well As Forest Clearance (1980) (for Diversion of Forest Land for Non-Forestry Purposes)(for Diversion of Forest Land for Non-Forestry Purposes)

• Earlier, Both Clearances were Taken Independently of Each Earlier, Both Clearances were Taken Independently of Each OtherOther

• Under Revised Procedure Under Revised Procedure (MoEF OM Dated March 19(MoEF OM Dated March 19thth, , 2013)2013), “, “Forest Clearance” Has Been Delinked with “Prior Forest Clearance” Has Been Delinked with “Prior EC” for Linear ( I.e. Road/Highway) ProjectsEC” for Linear ( I.e. Road/Highway) Projects

• Clearance is Obtained) by the Project ProponentClearance is Obtained) by the Project Proponent

Consideration of Projects for Grant of “EC” Under EIA Consideration of Projects for Grant of “EC” Under EIA Notification, 2006 which Involve Forest Land – Notification, 2006 which Involve Forest Land – Procedure to Procedure to

be Followedbe Followed

Delinking Forest & Prior Environmental Delinking Forest & Prior Environmental Clearance for Linear ProjectsClearance for Linear Projects

Delinking Forest & Prior Environmental Delinking Forest & Prior Environmental Clearance for Linear ProjectsClearance for Linear Projects

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““Wildlife Clearance” Wildlife Clearance”

As per the Provisions ofAs per the Provisions ofThe Wildlife ( Protection) Act (1972)The Wildlife ( Protection) Act (1972)

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Protected Areas in India

• A network of 668 Protected Areas (PAs) has been established in India(Over 1,61,221.57 sq. kms.)- 4.90% of total geographic area.

• It comprises-– Wildlife Sanctuaries- 515– National Parks- 102– 47 Conservation Reserves and – 4 Community Reserves.

Source- Ministry of Environment & Forests

• No. of National Parks is highest for Madhya Pradesh and Andaman & Nicobar- 9 for each.

• No. of Wildlife Sanctuaries is highest for Andaman & Nicobar- 96, Maharashtra(35), HP(32).

• Conservation Reserves- Jammu & Kashmir (34)

• Community Reserves- Punjab (2).

Source- Ministry of Environment & Forests

Protected Areas in India

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• Vikramshila Gangetic Dolphin Vikramshila Gangetic Dolphin SanctuarySanctuary

• Declared on 22Declared on 22ndnd. August.1990. August.1990• Portion of Ganga River from Portion of Ganga River from

Sultanganj to Kahalgaon in Sultanganj to Kahalgaon in Bihar.Bihar.

Abohar Wildlife SanctuaryAbohar Wildlife Sanctuary

• Located 8 km. from Abohar city (Ferozepur, Punjab).Located 8 km. from Abohar city (Ferozepur, Punjab).

• First declared as Wildlife Sanctuary by Punjab First declared as Wildlife Sanctuary by Punjab Government on Government on 01-06-199301-06-1993 for five years and again in for five years and again in 20-8-9820-8-98 for a period of five years. for a period of five years.

• Final notification issued in Final notification issued in 07.9.200007.9.2000..

• Spreads over an area of 18650 hectares covering 13 Spreads over an area of 18650 hectares covering 13 revenue villages  in Ferozepur District.revenue villages  in Ferozepur District.

• Entire area of Sanctuary is  private or community owned Entire area of Sanctuary is  private or community owned land of 13 Bishnoi villages.land of 13 Bishnoi villages.

• Famous for Famous for Black BuckBlack Buck, Blue Bull , Blue Bull (Neel Gai(Neel Gai), ), Wild Boar Wild Boar and Porcupine and Porcupine

Govind Sagar Wildlife SanctuaryGovind Sagar Wildlife Sanctuary

• Located in the Districts of Bilaspur, Himachal Located in the Districts of Bilaspur, Himachal Pradesh Pradesh

• Constituted Out of the Bhakra Dam Reservoir , Constituted Out of the Bhakra Dam Reservoir , Administered by Bhakra Management BoardAdministered by Bhakra Management Board

• Notified on Notified on 55thth December 1962 December 1962, then , then Retortified on Retortified on 2727thth March 1974 March 1974, ,

• Famous Winter Refuge for the Famous Winter Refuge for the Migratory Migratory WaterfowlWaterfowl,Provides a Unique Attraction to ,Provides a Unique Attraction to This World Famous Wildlife Sanctuary This World Famous Wildlife Sanctuary

• Other than Other than FishesFishes, Sanctuary is also Home to , Sanctuary is also Home to Many Many ReptilesReptiles and and MammalsMammals

• Procedure for Obtaining “Prior Environmental Procedure for Obtaining “Prior Environmental Clearance” is Separate from “Wildlife Clearance” Clearance” is Separate from “Wildlife Clearance” Which is as per the Wildlife (Protection) Act (1972)Which is as per the Wildlife (Protection) Act (1972)

• ““Wildlife Clearance” Wildlife Clearance” “Not” “Not” a Prerequisite for a Prerequisite for obtaining “ Prior Environmental Clearance” [Refer obtaining “ Prior Environmental Clearance” [Refer OM of MoEF Dated Dec. 2OM of MoEF Dated Dec. 2ndnd, 2009), 2009)

• Both “Clearances” can be Processed “Concurrently” Both “Clearances” can be Processed “Concurrently” by the Project Proponent/User Agencyby the Project Proponent/User Agency

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The Wildlife (Protection) Act (1972)The Wildlife (Protection) Act (1972)

• ““Natural Park” & “Sanctuaries” - Natural Park” & “Sanctuaries” - Declared by Declared by State or Central Government’s Notification State or Central Government’s Notification

• ““Conservation Reserve”, “Community Reserve” Conservation Reserve”, “Community Reserve” and “Closed Areas” - and “Closed Areas” - Declared by State Declared by State Government Government

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The Wildlife (Protection) Act (1972)The Wildlife (Protection) Act (1972)

• Any industry or Other Developmental Activities Any industry or Other Developmental Activities (including Road and Highway Projects Requiring Prior (including Road and Highway Projects Requiring Prior EC , as per the Stipulated Threshold of EIA EC , as per the Stipulated Threshold of EIA Notification of Sept. 2006) Notification of Sept. 2006) Will requires Will requires “Wildlife “Wildlife Clearance”, Clearance”, if it is Proposed to be Located in or Within if it is Proposed to be Located in or Within 10 Km of any “Wildlife Sanctuary” or “National Park” 10 Km of any “Wildlife Sanctuary” or “National Park” as Notified Under the Wildlife (Protection) Act (1972). as Notified Under the Wildlife (Protection) Act (1972).

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Applicability of Wildlife (Protection) Act (1972)Applicability of Wildlife (Protection) Act (1972)

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• To abateTo abate unwanted killing of wild animals throughout the unwanted killing of wild animals throughout the year, State Government specifies in the notificationyear, State Government specifies in the notification any any area as area as “Closed Area”“Closed Area” for hunting for specified period for hunting for specified period

• State Government may declare area adjacent to National State Government may declare area adjacent to National Parks and Sanctuaries and those areas which link one Parks and Sanctuaries and those areas which link one protected area with another as protected area with another as “Conservation Reserve” “Conservation Reserve” for protecting landscapes, seascapes, flora and fauna for protecting landscapes, seascapes, flora and fauna and their habitat after having consultation with local and their habitat after having consultation with local communitiescommunities

• Some communities protect any private or community land Some communities protect any private or community land not comprised within a National Park, Sanctuaries or a not comprised within a National Park, Sanctuaries or a Conservation Reserve as a Conservation Reserve as a “Community Reserve” “Community Reserve” for for protecting fauprotecting fauna, flora and traditional or cultural values na, flora and traditional or cultural values and practicesand practices

DefinitionsDefinitions

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•For Safeguard, Protection and Better For Safeguard, Protection and Better Management of Wildlife, Central Government in Management of Wildlife, Central Government in 2003, Constituted 2003, Constituted “National Board for Wild Life “National Board for Wild Life (NBWL)”(NBWL)” under Wildlife (Protection) Amendment under Wildlife (Protection) Amendment Act (2003) which is Act (2003) which is headed by headed by Prime Minister of Prime Minister of India India (Now by Minister in Charge of MoEF)(Now by Minister in Charge of MoEF)

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““National Board for Wild Life (NBWL)” National Board for Wild Life (NBWL)”

•Promote Wildlife Conservation, Promote Wildlife Conservation, • to Frame Policies for Development of Wildlife & to Frame Policies for Development of Wildlife & Management of PAsManagement of PAs

•Controlling Poaching and Illegal Activities, Controlling Poaching and Illegal Activities, •To Carry out Impact Assessment of various To Carry out Impact Assessment of various Projects /Activities on Wildlife and its HabitatProjects /Activities on Wildlife and its Habitat

• To Recommend State govt. on Alteration of To Recommend State govt. on Alteration of Boundaries of National Park and Sanctuaries.Boundaries of National Park and Sanctuaries.

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Functions of NBWLFunctions of NBWL

• Prior clearance is Required from National Board of Wildlife (NBWL) followed by Hon’ble Supreme Court.

• Most Difficult to Obtain ( Tedious & Time Consuming Most Difficult to Obtain ( Tedious & Time Consuming Process - Should be Avoided as for as possibleProcess - Should be Avoided as for as possible

• “Wildlife Clearance” is a prerequisite for “Forest Clearance” for diversion of forest land located in protected area.

• Even, surveys and geotechnical studies require prior clearance from NBWL

• The form for “Wildlife Clearance” consists 5 parts (Annexure V).

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Procedure For Wildlife Clearance for Road/highway Projects Passing Through PA’s

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• Relevant Survey of India ( SOI) (Scale 1:50000) Sheets Showing Boundary of the PA (Core+ Buffer)

• Exact Location on Above of : Area Proposed for Diversion/Denotification Larger Area of Proposed Project Demarcation of Total Impact Area of Project Relevant SOI Sheets of scale 1:50,000 Showing

Contiguous Areas to Identify relevant Wildlife Use Areas and Corridors to Adjacent Project Area PAs

Forest Survey of India (FSI) Map of Vegetation for Above Areas

Demarcation of at Least 3 Best Alternatives to Proposal that don’t Impact PA

Data to be Provided by Project Proponent

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Procedure for “Wildlife Clearance” in National Park / Sanctuaries for Developmental Activity

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Completed by Officer In charge of National Park/Wild Life Sanctuary (within 30 days of the receipt of PART-II)

Completed by the Department In charge of Forest & Wild Life in consultation with State board (within 30 days of receipt of PART-II, III, IV)

Submitted to MoEF

Part-III

DOCUMENTS REQUIRED1. Project report, 2. Map (1:150000 scales) of the area, 3. Report of 2 alternatives, 4. Biodiversity impact assessment report, 5. Details of displacement of people

Part-V

Part- I

DOCUMENTS REQUIREDPositive impacts & negative impacts due to diversion, Management Plan and other important details (attach copy)

Proposal for Investigation & survey in National Park/ Sanctuary

Completed by the Chief Wild Life Warden (within 15 days of the receipt of PART-II & PART-III)

Opinion of Incharge N.P/WLS Opinion of CWLW (attach signed copy)

Part-IV

Project Details to be filled by the Applicant

Part -II

Rejection Resubmission

DOCUMENTS REQUIRED Opinion of the State Board for Wild Life (attach copy)

Clearance according to Stipulated Conditions

Review of clearance by CEC

Recommendations

Recommendations

Recommendations

• Purpose of declaring ECZs around PAs is to create Purpose of declaring ECZs around PAs is to create some kind of “shock absorber”. some kind of “shock absorber”.

• Also act as a transition zone from areas of “high Also act as a transition zone from areas of “high protection” to areas involving “lesser protection”.protection” to areas involving “lesser protection”.

• Activities in the ECZs are regulatory in nature rather Activities in the ECZs are regulatory in nature rather than prohibitivethan prohibitive

• A buffer zone can also be managed A buffer zone can also be managed As an area for research As an area for research To develop approaches for sustainable use of resources To develop approaches for sustainable use of resources for ecosystem restoration for ecosystem restoration Education and training, Education and training, Carefully designed tourism and recreation activitiesCarefully designed tourism and recreation activities.

Eco- Sensitive Zones (ECZs)/ Buffer Zones (BZs)

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• Restriction of areas in which any industries, operations Restriction of areas in which any industries, operations or processes or class of industries, operations or or processes or class of industries, operations or processes shall not be carried out or shall be carried processes shall not be carried out or shall be carried out subject to certain safeguards.out subject to certain safeguards.

Provision in EPA (1986)-Provision in EPA (1986)-Power of Central Government to Power of Central Government to Take Measures to Protect and Improve Environment Take Measures to Protect and Improve Environment

(Section 3)(Section 3)

For the purpose of identification of buffer zones, PAs For the purpose of identification of buffer zones, PAs have been classified into four main categories on the have been classified into four main categories on the basis of their areas.basis of their areas.

CategoriesCategories AreaArea

(km(km22))

Total No. of Total No. of PAsPAs

Total Area Total Area (km(km22))

% Area of % Area of Total PA AreaTotal PA Area

Proposed Proposed Buffer Zone Buffer Zone

Distance Distance (km)(km)

A ≥500 73 101389 63.4% 2

B 200- 500 115 38942 24.37% 1

C 100- 200 85 12066 7.55% 0.5

D ≤100 344 7422 4.65% 0.1

Proposed Buffer Zones Around PAs

Ecologically Sensitive& Protected Areas

• Ecologically Sensitive Areas (ESAs) are under human Ecologically Sensitive Areas (ESAs) are under human use, sometimes quite intense human use, such as use, sometimes quite intense human use, such as generation of thermal power and cultivation but they generation of thermal power and cultivation but they are prudently regulated under the Environmental are prudently regulated under the Environmental (Protection) Act, 1986 (Protection) Act, 1986

• ESAs are meant to promote to preserve the ecological ESAs are meant to promote to preserve the ecological heritage on long term basis without preventing the heritage on long term basis without preventing the developmental activities developmental activities

• ESA are notified by Ministry of Environment & Forest ESA are notified by Ministry of Environment & Forest • Protected Areas like National Park are entirely free Protected Areas like National Park are entirely free

from human interferencefrom human interference• Protected Areas are notified under the Forest Protected Areas are notified under the Forest

Protection (1980) Act and/ or Wildlife (Protection) Act Protection (1980) Act and/ or Wildlife (Protection) Act (1972)(1972)04/21/23 48

Apr 21, 2023 CRRI 4949