Dr. Niraj Sharma, Scientist

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Issues Related to Forest Wildlife
Clearance ( June 20th, 2013)
Dr. Niraj Sharma, Scientist Central Road
Research Institute (CRRI) New Delhi, 110
020 Email neeraj.crri _at_ nic.in
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Forest Clearance As per the Provisions
of The Forest ( Conservation) Act (1980)
(Including Forest (Conservation)
Rules(2003)
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8/23/2007
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Forest Cover in India

• Forest and tree cover of the country 78.29
  million hectares, 23.81 of the geographical
  area
• Indias forest cover declined, maximum loss in
  AP(281 km2).
• While, 15 States have registered aggregate
  increase of 500 km2 in their forest, Punjab
  leading with 100 km2,
• 12 States and Union Territories, mainly from the
  northeast, have shown a decline of 867 km2
• MP has the largest forest cover in the country at
  77,7700 km2 followed by Arunachal Pradesh at
  67,410 km2
• In terms of of forest cover w.r.t. total
  geographical area, Mizoram tops (90.68) followed
  by Lakshadweep (84.56)

Forest survey of India Report, 2011
Sources-
The Hindu, New Delhi, February 7, 2012
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Main Features of Forest(Conservation) Act(1980)

• 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.

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

• In JK diversion of forest land is done under JK
  Forest (Conservation) Act, 1992
• During 1950-80, the rate of diversion of forest
  land for non-forestry purposes was 1,50,000
  hectares per annum
• After enactment of the Forest Act (1980), the
  rate of diversion of forest land for non-forestry
  purposes came down to about 35,000 ha per annum

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8/23/2007
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The Forest (Conservation) Act (1980) including
Forest Conservation Rules (2003)

• 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)
• gt40ha Forest Advisory Committee FAC (by MoEF)

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The Forest Clearance - Important Facts

• Forest Clearance is required for diversion of
  forest land for non-forest activities
• There is a Difference Between NOC and Forest
  Clearance
• Any developmental work on forest land is not
  allowed before the handing over of forest land
  (Stage II Clearance ) to the proponent by the
  concerned forest department
• No Construction Work Should be Started even on
  those stretches of the Road alignment, which do
  not Pass Through the Forest Areas, if the Project
  Involves Both Non-Forest Land and Forest land
• Any Road Project, Even if Passing Through Various
  Districts, is Considered as One Project
• MoEF Guidelines Needs to be Referred for the Same
  
• Violation may result Prosecution under the
  Provisions of Forest (Conservation) Act(1980) and
  the Environment ( Protection) Act ( 1986)

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The Indian Forest Act (1927) and Amendments

• 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

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Reserved Forests and Protected Forests

• Reserved Forest and Protected Forest are
  Declared as such according to nature and extent
  of human activities permitted in them
• Reserved Forest - Rights to all activities like
  hunting, grazing, etc are banned unless specific
  orders are issued otherwise,
• Protected Forest - Rights to all activities
  like hunting, grazing, etc in are allowed unless
  specific orders are issued otherwise.
• Reserved Forests and Protected Forests both
  are declared by the respective State Governments

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Contd.

• Reserved Forests are often upgraded to status of
  Wildlife Sanctuaries, which in turn may be
  upgraded to status of National Parks,
• Each category receiving a higher degree of
  protection and government funding
• For example, Sariska National Park was declared a
  Reserved forest in 1955, upgraded to the status
  of a Wildlife Sanctuary in 1958, becoming a Tiger
  Reserve in 1978. Sariska became a National Park
  in 1992.

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Applicability of Forest (Conservation) Act
(1980)

• Earlier, The Act was Applicable to PF , RF and
  Deemed to be PF only
• However, By its order of 1996, the Apex Court
  ( Honble 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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Forest

• Oxford Dictionary has defined forest as
• a large area covered chiefly with trees and
  undergrowtha pine forestmass nouna large
  tract of forest

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Applicability of Forest (Conservation) Act
(1980)

• Reserve Forest
• Protected Forest
• Linear Plantation (Declared as PF by the State
  Govt.)
• Revenue Forest (Zudpi Jungle, Jangal Jhari,
  etc.)
• Mangroves in State of Maharastra (Orders of
  Honbe Mumbai High Court )
• Area Adjoining Central Ridge Area in Delhi
  (RF??) Having Similar Morphological Features
  (Honble Supreme Court of India Order May ,
  1986)
• National Park, Wildlife Sanctuary, Conservation
  Reserve (Declared Earlier as RF/PF)
• Wildlife Corridor (??)

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Mangroves in Maharashtra Declared as PF

• Bombay Environmental Action Group (BEAG) filed
  PIL in Bombay High Court in Wake of July 2005
  Deluge in Mumbai
• In October 2005, in Response to PIL, Honble
  Bombay High Court Freezed the Destruction and
  Cutting of Mangroves in Maharashtra
• Court Ruled that Mangroves be Mapped and
  Notified as Protected Forest and Handed Over
  to Forest Department by Aug. 2006- Ruling Was for
  Protection of Mangroves in Entire State
• After the Court Ruling, 5,586 ha. of the 6,000
  ha. of (90) of Mangroves Identified in Mumbai,
  Thane and Navi Mumbai
• Mumbai 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

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Forest Clearance Process- A Two Stage Process

• (I) First Stage Clearance
• In-Principle Approval
• Conditions Specified
• Deposit NPV in CAMPA Fund (5.80 to 10.43
  lakhs/ha) depending on legal status and density
  of forest.
• Deposit Money for Compensatory Afforestation (CA)
• Certification from State Govt., Collector and
  Gram Sabha Resolution for settlement/compliance
  of Forest Right (Act) 2006.
• Plant at Least Double the No. of Trees Felled
• Provide land for land (not in Centrally Sponsored
  Projects)
• No activity Allowed Until Final Clearance(Stage
  II Clearance) Accorded
• State can stipulate additional conditions

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Agencies Empowered to Grant Forest Clearance for
Diversion of Forest Land

• Upto 5 ha - Regional Offices of the MoEF as per
  Forest (Conservation) Rules, 2003
• gt 5 ha and upto 40 ha - R.O., MoEF,to Process,
  Scrutinize and Forward Diversion Proposal (In
  Consultation State Forest Advisory Group) to
  MoEF-HQ along with their Recommendations
• gt 40 ha -State Government/UT Administration to
  forward the proposal with recommendations to MoEF
  (Scrutinized by Forest Advisory Committee)
• RO, MoEF - To Carry out Site Inspection, if
  Diversion is gt 100 ha or if there is any
  Violation Under FC (Act) (1980) or EPA (1986) for
  the Proposal/Project Under Implementation Stage/
  Completed

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Second (II) Stage Clearance

• Final Approval ( Handing Over of the Land)
• Deposition of funds
• Fulfillment/Compliances of Stipulated Conditions
• Compliance of Forest Right (Act) 2006.
• Compensatory Afforestation (CA) Related Issues

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Procedure for Obtaining Forest Clearance as per
the Forest (Conservation) Rules (2003) (Stage I
Clearance)
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8/23/2007
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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)
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The Delhi Preservation of Trees Act (1994)

• 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 (110) in
  Lieu of Trees Cut

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Prior Environmental Clearance of the Project,
Which Also involves Forest Clearance
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8/23/2007
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Consideration of Projects for Grant of EC Under
EIA Notification, 2006 which Involve Forest Land
Procedure to be Followed

• MoEF Clarification/Guidelines Dated Dec. 2nd,
  2009, March 31st, 2011 May 18th, 2012
• Clarification/Revised Procedure Mainly for Mining
  Projects, However, Applicable to All Projects
  Requiring EC Under EIA Notification, 2006 as Well
  As Forest Clearance (1980) (for Diversion of
  Forest Land for Non-Forestry Purposes)
• Earlier, Both Clearances were Taken Independently
  of Each Other
• Under Revised Procedure (MoEF OM Dated March
  19th, 2013), Forest Clearance Has Been Delinked
  with Prior EC for Linear ( I.e. Road/Highway)
  Projects
• Clearance is Obtained) by the Project Proponent

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Delinking Forest Prior Environmental Clearance
for Linear Projects
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Delinking Forest Prior Environmental Clearance
for Linear Projects
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Wildlife Clearance As per the Provisions
of The Wildlife ( Protection) Act (1972)
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8/23/2007
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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
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Protected Areas in India

• 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
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• Vikramshila Gangetic Dolphin Sanctuary
• Declared on 22nd. August.1990
• Portion of Ganga River from Sultanganj to
  Kahalgaon in Bihar.

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Abohar Wildlife Sanctuary

• Located 8 km. from Abohar city (Ferozepur,
  Punjab).
• First declared as Wildlife Sanctuary by Punjab
  Government on 01-06-1993 for five years and again
  in 20-8-98 for a period of five years.
• Final notification issued in 07.9.2000.
• Spreads over an area of 18650 hectares covering
  13 revenue villages  in Ferozepur District.
• Entire area of Sanctuary is  private or community
  owned land of 13 Bishnoi villages.
• Famous for Black Buck, Blue Bull (Neel Gai), Wild
  Boar and Porcupine

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Govind Sagar Wildlife Sanctuary

• Located in the Districts of Bilaspur, Himachal
  Pradesh
• Constituted Out of the Bhakra Dam Reservoir ,
  Administered by Bhakra Management Board
• Notified on 5th December 1962, then Retortified
  on 27th March 1974,
• Famous Winter Refuge for the Migratory
  Waterfowl,Provides a Unique Attraction to This
  World Famous Wildlife Sanctuary
• Other than Fishes, Sanctuary is also Home to Many
  Reptiles and Mammals

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The Wildlife (Protection) Act (1972)

• Procedure for Obtaining Prior Environmental
  Clearance is Separate from Wildlife Clearance
  Which is as per the Wildlife (Protection) Act
  (1972)
• Wildlife Clearance Not a Prerequisite for
  obtaining Prior Environmental Clearance Refer
  OM of MoEF Dated Dec. 2nd, 2009)
• Both Clearances can be Processed Concurrently
  by the Project Proponent/User Agency

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The Wildlife (Protection) Act (1972)

• Natural Park Sanctuaries - Declared by
  State or Central Governments Notification
• Conservation Reserve, Community Reserve and
  Closed Areas - Declared by State Government

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Applicability of Wildlife (Protection) Act
(1972)

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

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Definitions

• To abate unwanted killing of wild animals
  throughout the year, State Government specifies
  in the notification any area as Closed Area for
  hunting for specified period
• State Government may declare area adjacent to
  National Parks and Sanctuaries and those areas
  which link one protected area with another as
  Conservation Reserve for protecting landscapes,
  seascapes, flora and fauna and their habitat
  after having consultation with local communities
• Some communities protect any private or community
  land not comprised within a National Park,
  Sanctuaries or a Conservation Reserve as a
  Community Reserve for protecting fauna, flora
  and traditional or cultural values and practices

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National Board for Wild Life (NBWL)

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

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Functions of NBWL

• Promote Wildlife Conservation,
• to Frame Policies for Development of Wildlife
  Management of PAs
• Controlling Poaching and Illegal Activities,
• To Carry out Impact Assessment of various
  Projects /Activities on Wildlife and its Habitat
• To Recommend State govt. on Alteration of
  Boundaries of National Park and Sanctuaries.

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Procedure For Wildlife Clearance for
Road/highway Projects Passing Through PAs

• Prior clearance is Required from National Board
  of Wildlife (NBWL) followed by Honble Supreme
  Court.
• Most Difficult to Obtain ( Tedious Time
  Consuming Process - 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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Data to be Provided by Project Proponent

• Relevant Survey of India ( SOI) (Scale 150000)
  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 150,000 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 dont Impact PA

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Procedure for Wildlife Clearance in National
Park / Sanctuaries for Developmental Activity
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Eco- Sensitive Zones (ECZs)/ Buffer Zones (BZs)

• Purpose of declaring ECZs around PAs is to create
  some kind of shock absorber.
• Also act as a transition zone from areas of high
  protection to areas involving lesser
  protection.
• Activities in the ECZs are regulatory in nature
  rather than prohibitive
• A buffer zone can also be managed
• As an area for research
• To develop approaches for sustainable use of
  resources
• for ecosystem restoration
• Education and training,
• Carefully designed tourism and recreation
  activities.

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Provision in EPA (1986)-Power of Central
Government to Take Measures to Protect and
Improve Environment (Section 3)

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

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Proposed Buffer Zones Around PAs

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

Categories Area (km2) Total No. of PAs Total Area (km2) Area of Total PA Area Proposed Buffer Zone Distance (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
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Ecologically Sensitive Protected Areas

• Ecologically Sensitive Areas (ESAs) are under
  human use, sometimes quite intense human use,
  such as generation of thermal power and
  cultivation but they are prudently regulated
  under the Environmental (Protection) Act, 1986
• ESAs are meant to promote to preserve the
  ecological heritage on long term basis without
  preventing the developmental activities
• ESA are notified by Ministry of Environment
  Forest
• Protected Areas like National Park are entirely
  free from human interference
• Protected Areas are notified under the Forest
  Protection (1980) Act and/ or Wildlife
  (Protection) Act (1972)

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Thank You
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