News Highlights:
Government modified Forest Conservation Rules: Centre has exempted road, rail, and transmission line projects from having to deposit 2% and 0.5% of total project cost towards the cost of Wildlife Management Plan (WMP) and Soil and Moisture Conservation Plan (SMCP) respectively.
Key takeaway:
- WMP and SMCP are prepared in accordance with conditions stipulated by the Ministry of Environment, Forest and Climate Change (MoEF&CC).
- MoEF&CC made it mandatory for all projects to deposit this cost to obtain final forest clearance under the Forest Conservation Act (FCA) 1980.
Forest Conservation Rules:
- About:
- The Forest Conservation Rules deal with implementing the Forest Conservation Act (FCA), 1980.
- They prescribe the procedure for diverting forest land for non-forestry uses such as road construction, highway development, railway lines, and mining.
- Objectives:
- protect forests and wildlife
- Dissuade State governments’ attempts to divert forest land for commercial projects
- Increase the area under forests.
Provisions of Forest (Conservation) Rules:
- Constitute Committees:
- It constituted an Advisory Committee, an empowered regional committee at each of the integrated regional offices and a screening committee at the State/Union Territory (UT) government level.
- Advisory Committee:
- The role of the Advisory Committee is restricted to advising or recommending with regards to granting of approval under relevant sections in respect of proposals referred to it and any matter connected with the conservation of forests referred to by the Central government.
- Project Screening Committee:
- The MoEFCC has directed the constitution of a project screening committee in each state/UT for an initial review of proposals involving the diversion of forest land.
- The five-member committee will meet at least twice every month and advise the state governments on projects in a time-bound manner.
- All non-mining projects between 5-40 hectares must be reviewed within 60 days, and all such mining projects must be reviewed within 75 days.
- For projects involving a larger area, the committee gets some more time, 120 days for non-mining projects involving more than 100 hectares and 150 days for mining projects.
- Regional Empowered Committees:
- All linear projects (roads, highways, etc.), projects involving forest land up to 40 hectares and those that have projected use of forest land having a canopy density up to 0.7 irrespective of their extent for a survey shall be
- Compensatory Afforestation:
- The applicants for diverting forest land in a hilly or mountainous state with green cover covering more than two-thirds of its geographical area or in a state/UT with forest cover covering more than one-third of its geographical area will be able to take up compensatory afforestation in other states/UTs where the cover is less than 20%.
Forest Policy and Law for conservation:
- Indian Forest Policy, 1952:
- This was a simple extension of colonial forest policy, which became conscious about the need to increase forest cover to on-third of total land area.
- Forest Conservation Act 1980:
- This Act stipulated that the central permission is necessary to practice sustainable agro-forestry in forest areas.
- Violation or lack of permit was treated as a criminal offence
- It targeted to limit deforestation, conserve biodiversity and save wildlife
- This act provide hope of forest conservation, but wasn’t successful
- Forest policy of 1988:
- It made a very significant and categorical shift from commercial concerns to focus on the ecological role of the forests and participatory management.
- It made a very significant and categorical shift from commercial concerns to focus on the ecological role of the forests and participatory management.
- It envisages a goal of achieving 33% of the geographical area of the country under forest and tree cover.
- National Afforestation Programme :
- It has been implemented by the Ministry of Environment, Forest and Climate Change since 2000 for the afforestation of degraded forest lands.
Constitutional Provisions:
- The 42nd Amendment Act, 1976 Forests and Protection of Wild Animals and Birds were transferred from State to Concurrent List along with Education, Weights & Measures and Administration of Justice.
- Article 48 A in the Directive Principles of State policy, mandates that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
- Article 51 A (g) of the Constitution states that it shall be the Fundamental Duty of every citizen to protect and improve the natural environment including forests and Wildlife.
Pic Courtesy: Freepik
Content Source: Hindustan Times