The document provides an overview of a presentation on the Wildlife (Protection) Act of 1972 in India. It discusses key aspects of the act such as its objectives to conserve wildlife habitat and protected species. It outlines national and state-level protected areas and species. It also summarizes provisions regarding offenses against wildlife, penalties, and rules framed under the act regarding licensing and management of protected areas and species. The presentation discusses the constitutional context and amendments of the act over time to strengthen wildlife conservation in India.
The Wildlife Act was passed in 1972 to protect the wildlife and their habitats. The habitat destruction due to agriculture, industries, urbanisation and other human activities had led to the erosion of the country’s wildlife.
TOTAL CHAPTERS,Wildlife advisory board.in easy format of entire act into slides.simple overview and smart art will gives an clear full idea about the act.
The Wildlife Act was passed in 1972 to protect the wildlife and their habitats. The habitat destruction due to agriculture, industries, urbanisation and other human activities had led to the erosion of the country’s wildlife.
TOTAL CHAPTERS,Wildlife advisory board.in easy format of entire act into slides.simple overview and smart art will gives an clear full idea about the act.
Who owns earth and its resources ?
And how much of these resources can be used by the general public ?
This was an important question in the ancient days.
● Accordingly it was the Byzantine Emperor Justinian l who pioneered the concept, which later came to be known as the Public Trust Doctrine.
● PUBLIC TRUST DOCTRINE is the principle which states that; certain resources like -
the Air, Water, Sea, Forests, Rivers, Ponds, Lakes, Mountains can never be subject to
PRIVATE OWNERSHIP.
● Such sources are a gift of the nature to the mankind as a whole.
● It should be available to all irrespective of race, religion, caste, sex
and social status.
◆ The Doctrine of Public Trust is a highly useful tool in the hands our Judiciary to protect and preserve the environment from the arbitrary and unreasonable actions of the governmental authorities.
◆ These days the influence of private actors (corporate bodies) is increasing globally, there are high chances of misuse of the natural resources or grant of these resources in favour of private players by the governments.
◆ In such cases the Doctrine of Public Trust would work as an effective check of the exercise of power by government with regard to dealings and management of natural resources.
The powerpoint presentation deals with the latest amendments in National Green Tribunal Act by the Finance Act, 2017 and critically analyzing some of the important aspects of the Act.
This presentation gives an overview of various wildlife conservation societies, their role and the government's initiative for wildlife conservation in India
Who owns earth and its resources ?
And how much of these resources can be used by the general public ?
This was an important question in the ancient days.
● Accordingly it was the Byzantine Emperor Justinian l who pioneered the concept, which later came to be known as the Public Trust Doctrine.
● PUBLIC TRUST DOCTRINE is the principle which states that; certain resources like -
the Air, Water, Sea, Forests, Rivers, Ponds, Lakes, Mountains can never be subject to
PRIVATE OWNERSHIP.
● Such sources are a gift of the nature to the mankind as a whole.
● It should be available to all irrespective of race, religion, caste, sex
and social status.
◆ The Doctrine of Public Trust is a highly useful tool in the hands our Judiciary to protect and preserve the environment from the arbitrary and unreasonable actions of the governmental authorities.
◆ These days the influence of private actors (corporate bodies) is increasing globally, there are high chances of misuse of the natural resources or grant of these resources in favour of private players by the governments.
◆ In such cases the Doctrine of Public Trust would work as an effective check of the exercise of power by government with regard to dealings and management of natural resources.
The powerpoint presentation deals with the latest amendments in National Green Tribunal Act by the Finance Act, 2017 and critically analyzing some of the important aspects of the Act.
Similar to 5. THE WILDLIFE (PROTECTION) ACT, 1972; WILDLIFE IMPACT ASSESSMENT; WILDLIFE HABITAT MANAGEMENT PLANNING; NATIONAL TIGER CONSERVATION AUTHORITY (NTCA).
This presentation gives an overview of various wildlife conservation societies, their role and the government's initiative for wildlife conservation in India
Conservation of biodiversity acts and laws......Kavithasagar
LAWS & ACTS OF CONSERVATION OF BIODIVERSITY IN INDIA WILL BE USEFUL FOR STUDENTS AND TEACHERS OF BIOLOGY , ENVIRONMENTAL SCIENCE, GEOGRPAHY, BIOPIRACY DISCIPLINES ETC .
Protected areas are those in which human occupation or at least the exploitation of resources is limited.
The definition that has been widely accepted across regional and global frameworks has been provided by the International Union for Conservation of Nature (IUCN) in its categorization guidelines for protected areas.
There are several kinds of protected areas, which vary by level of protection depending on the enabling laws of each country or the regulations of the international organizations involved.
The term "protected area" also includes
Marine Protected Areas, the boundaries of which will include some area of ocean, and
Trans boundary Protected Areas that overlap multiple countries which remove the borders inside the area for conservation and economic purposes.
6. THE FOREST (CONSERVATION) MAPS, BIODIVERSITY INDEXING, WILDLIFE IMPACT ASS...RavindraSaksena
The maps are integral part of the application for seeking "forest clearance" under Forest Conservation Act, 1980.
The application requires political map of the State, State Forest Cover Map, Map of wildlife protected areas and other areas under the international conventions, important bird areas, biosphere reserves, mineral maps of the district, forest stock maps, forest management maps, compartment histories, working plan prescriptions, biodiversity indexing, regeneration survey maps, wildlife activity areas, sites of compensatory afforestation, safety zones, Tiger and Elephant corridors, water bodies in the vicinity, archaeological sites or monuments, mineral reserves, coal seams, phase-wise felling planning, reclamation phase wise planning, etc.
10 . "Forest Clearance" under Forest (Conservation Act, 1980 and linkage with...RavindraSaksena
After obtaining "Forest Clearance" under Forest (Conservation Act, 1980. The forest areas require clearance under Forest Rights Act, 2006 and Panchayati Raj Extension to Scheduled Areas Act, 1996.
8. TREE ENUMERATION, CROP ASSESSMENT, BASAL AREA DETERMINATION, PHOTOGRAPHY &...RavindraSaksena
Forest (Conservation) Act, 1980 requires "tree enumeration" in the proposed diversion area". Important parameter, because over or under estimation is likely to get rejection of the case.
Statistical design of the tree enumeration looking to site quality, treatment type, crown density, areas of high crown density, peculiar crop conditions, susceptibility to crop mortality, predicting crop assessment, basal area detrmination for assessment, regeneration survey, determination of crop longevity,
Photography and videography of the diversion areas.
7. MINING LEASE, RECLAMATION PLANNING AND SAFETY ZONE MANAGEMENT PLAN.RavindraSaksena
The "forest application" under Forest (Conservation) Act, 1980 also require clarity on "mining leases", acquire under the Mines & Minerals (Development & Regulation) Act, 1957; Coal Bearing Areas (Acquisition & Development) Act, 1957 or Coal Areas Special Provisions Act, 2015.
The applicant is required to submit "lease covenant" of explain the absence of the document. Details of reconnaissance permit, prospecting licence, geological reports, geological or extractable reserves, opencast versus underground mining, phase-wise mining possible or not, land subsidence report in case of underground mines, mining plan - duly sanctioned by the Ministry of Coal of Indian Bureau of Mines or the State Government.
Reclamation Plan along with maps, phase-wise technical and biological reclamation of mined-out areas, ultimate mine pit, if any.
Safety Zone Management plan, Landscape Management Plan, etc. for consideration by the "Forest Appraisal Committee" (FAC) under the Forest (Conservation) Act, 1980.
All "deforestations or diversion" of forest areas including reserve forests, protected forests, unclassed forests, revenue forests, dictionary meaning of forests and DLC lands require "prior approval" under Section-2(ii) of Forest (Conservation) Act, 1980 from the Government of India. The State Governments are not having any power for this purpose.
The "mining leases" cannot be operate unless the "diversion order" has been obtained from the Ministry of Environment, Forests & Climate Change. The mining leases can be executed under the Mines & Minerals (Development & Regulation) Act, 1957; Coal Bearing (Special Provisions) Act, 2015 or transfer of old leases etc. all require prior sanction of the Government of India.
For submitting the technical and legal proposal, guidance has been provide to the greenfield project investors. The presentation shall shall be useful for the understanding of Forest (Conservation) Act, 1980.
3 THE INDIAN FOREST ACT, 1927 LAND MATTERS AND BLANKET NOTIFICATIONSRavindraSaksena
The reserve forest and protected forest and unclassed forests areas are defined under Indian Forest Act, 1927. The order dated 12th December, 1996 of the Hon'ble Supreme Court defines "forests of dictionary meaning". The various States are having different "definition" of "dictionary meaning of forests". During 19th Centuary different Provincial Governments and Princely State notified "forests under blanket notification" (without formal area specific notifications) - Thus understanding is must for smooth operation and legal compliance.
All proposals under Forest (Conservation) Act, 1980 require details of "forest crop", crown density, forest crop assessment Biodiversity Indexing, limitations of the satellite imageries for assessment
The subject of "forests and wildlife" are placed in the List-III, Concurrent List, Seventh Schedule of the Constitution of India. The Article-351 and 354 provides that the State Governments and State Assemblies cannot take any decision repugnant to the Central Acts.
All mining activities require "forest clearance" under the Forest (Conservation) Act, 1980; "environment clearance" under teh Environment Impact assessment Notification, 2006 (under revision) and "wildlife clearance" under Section-38O9g) of Wildlife (Protection) Act, 1972.
The forest areas are also impacted by Forest Rights Act, 2006 and Panchayati Raj Extension to Scheduled Areas Act, 1996.
Thus it is necessary to under the holistic "legal framework" to carry-out mining in forest areas.
2 Forest Types working plans_limitation of satellite imageriesRavindraSaksena
Presentation on FOREST TYPES, CROWN DENSITYY, BIODIVERSITY INDEXING FOREST COVER OF JHARKHAND AND LIMITATION OF SATELLITE IMAGERIES made to the managers of Tata Steel Limited
Presentation on " Tara Coal Block of CMDC IFFCO Coal Limited for Diversion" made before the Forest Appraisal Committee (FAC), Ministry of Environment & Forests, Government of India
RNS State Action Plan on Climate Change EPCO_forest_cc_20.09.2018RavindraSaksena
Presentation on "Impact of Climate Change on Forests of Madhya Pradesh" made in a workshop organised by the Environment Protetion & Conservation Organisation for State Action Plan on Climate Change
Icfre mangement issues in sal & teak forests 24.11.2014RavindraSaksena
Presentation on "Management Issues in Sal (Shorea robusta) & Teak (Tectona grandis) Forests in India" made in the National Silviculture Congress, 2014 organised by the Forest Research Institute, Dehra Dun, India
Presentation on "Reclamation Planning of Mined-out Areas" made in the National Silviculture Congress, 2014; Forest Research Institute, Dehra Dun, India
Presentation on "Forest (Conservation) Act, 1980 –
Constitutional and Statutory Provisions, Legal Analysis,
& Reforms" an article written for the Federation of Indian Mineral Industries.
Top 8 Strategies for Effective Sustainable Waste Management.pdfJhon Wick
Discover top strategies for effective sustainable waste management, including product removal and product destruction. Learn how to reduce, reuse, recycle, compost, implement waste segregation, and explore innovative technologies for a greener future.
Characterization and the Kinetics of drying at the drying oven and with micro...Open Access Research Paper
The objective of this work is to contribute to valorization de Nephelium lappaceum by the characterization of kinetics of drying of seeds of Nephelium lappaceum. The seeds were dehydrated until a constant mass respectively in a drying oven and a microwawe oven. The temperatures and the powers of drying are respectively: 50, 60 and 70°C and 140, 280 and 420 W. The results show that the curves of drying of seeds of Nephelium lappaceum do not present a phase of constant kinetics. The coefficients of diffusion vary between 2.09.10-8 to 2.98. 10-8m-2/s in the interval of 50°C at 70°C and between 4.83×10-07 at 9.04×10-07 m-8/s for the powers going of 140 W with 420 W the relation between Arrhenius and a value of energy of activation of 16.49 kJ. mol-1 expressed the effect of the temperature on effective diffusivity.
WRI’s brand new “Food Service Playbook for Promoting Sustainable Food Choices” gives food service operators the very latest strategies for creating dining environments that empower consumers to choose sustainable, plant-rich dishes. This research builds off our first guide for food service, now with industry experience and insights from nearly 350 academic trials.
UNDERSTANDING WHAT GREEN WASHING IS!.pdfJulietMogola
Many companies today use green washing to lure the public into thinking they are conserving the environment but in real sense they are doing more harm. There have been such several cases from very big companies here in Kenya and also globally. This ranges from various sectors from manufacturing and goes to consumer products. Educating people on greenwashing will enable people to make better choices based on their analysis and not on what they see on marketing sites.
Presented by The Global Peatlands Assessment: Mapping, Policy, and Action at GLF Peatlands 2024 - The Global Peatlands Assessment: Mapping, Policy, and Action
"Understanding the Carbon Cycle: Processes, Human Impacts, and Strategies for...MMariSelvam4
The carbon cycle is a critical component of Earth's environmental system, governing the movement and transformation of carbon through various reservoirs, including the atmosphere, oceans, soil, and living organisms. This complex cycle involves several key processes such as photosynthesis, respiration, decomposition, and carbon sequestration, each contributing to the regulation of carbon levels on the planet.
Human activities, particularly fossil fuel combustion and deforestation, have significantly altered the natural carbon cycle, leading to increased atmospheric carbon dioxide concentrations and driving climate change. Understanding the intricacies of the carbon cycle is essential for assessing the impacts of these changes and developing effective mitigation strategies.
By studying the carbon cycle, scientists can identify carbon sources and sinks, measure carbon fluxes, and predict future trends. This knowledge is crucial for crafting policies aimed at reducing carbon emissions, enhancing carbon storage, and promoting sustainable practices. The carbon cycle's interplay with climate systems, ecosystems, and human activities underscores its importance in maintaining a stable and healthy planet.
In-depth exploration of the carbon cycle reveals the delicate balance required to sustain life and the urgent need to address anthropogenic influences. Through research, education, and policy, we can work towards restoring equilibrium in the carbon cycle and ensuring a sustainable future for generations to come.
Climate Change All over the World .pptxsairaanwer024
Climate change refers to significant and lasting changes in the average weather patterns over periods ranging from decades to millions of years. It encompasses both global warming driven by human emissions of greenhouse gases and the resulting large-scale shifts in weather patterns. While climate change is a natural phenomenon, human activities, particularly since the Industrial Revolution, have accelerated its pace and intensity
Epcon is One of the World's leading Manufacturing Companies.EpconLP
Epcon is One of the World's leading Manufacturing Companies. With over 4000 installations worldwide, EPCON has been pioneering new techniques since 1977 that have become industry standards now. Founded in 1977, Epcon has grown from a one-man operation to a global leader in developing and manufacturing innovative air pollution control technology and industrial heating equipment.
Altered Terrain: Colonial Encroachment and Environmental Changes in Cachar, A...PriyankaKilaniya
The beginning of colonial policy in the area was signaled by the British annexation of the Cachar district in southern Assam in 1832. The region became an alluring investment opportunity for Europeans after British rule over Cachar, especially after the accidental discovery of wild tea in 1855. Within this historical context, this study explores three major stages that characterize the evolution of nature. First, it examines the distribution and growth of tea plantations, examining their size and rate of expansion. The second aspect of the study examines the consequences of land concessions, which led to the initial loss of native forests. Finally, the study investigates the increased strain on forests caused by migrant workers' demands. It also highlights the crucial role that the Forest Department plays in protecting these natural habitats from the invasion of tea planters. This study aims to analyze the intricate relationship between colonialism and the altered landscape of Cachar, Assam, by means of a thorough investigation, shedding light on the environmental, economic, and societal aspects of this historical transformation.
5. OVERVIEW OF THE PRESENTATION
Spirit & essence of Wildlife (Protection) Act, 1972
Impact of Wildlife (Protection) Act, 1972 on developmental
projects.
Land matters in the Central India.
Crimes against wildlife and its habitats..
Structure and time framework
10. STATUS OF
PROTECTED AREAS
There are 87 NPs,
500 sanctuaries and 2
Conservation Reserves
in the country.
Area 155532.88 sq.km
Mostly located in the
Central India & the
Himalayas. Coincide
with forest cover.
Many sanctuaries
located in revenue areas
only.
12. CONSTITUTIONAL PROVISIONS RELATED TO FOREST &
WILDLIFE
At the time of promulgation of the Constitution of India,
subject of “forests” was kept in the “State List”.
There was no entry of “wildlife”.
“Forests” transferred to the “Concurrent List”, List-III as
Entry–17A and “Wildlife” as the Entry-17B by the 42nd
Constitutional Amendment Act, 1976.
Article-251 & 254 of the Constitution provides that state
statutes cannot be repugnant to Central Acts. If there is any
repugnancy, state statutes automatically becomes “null &
void”.
13. India is not having
National Wildlife Policy
The policy regime in the country includes:
14. STATUTORY LEGAL REGIME OF WILDLIFE & FOREST
MANAGEMENT
First & second Indian Forest Act promulgated in 1865 and 1878.
Indian Forest Act, 1927 (not amended since 1956). The Madhya
Pradesh State has inserted a very important section in shape of
Section-20A. The section provide wide ranging definition to forest
areas.
Forest Conservation Act, 1980 (amended in 1988). Forest
Conservation Rules, 2003 has been promulgated and amended in
2004 & 2014.
Wildlife Protection Act, 1972 - Amended in 1982, 1986, 1991, 1993,
2003 and 2006. WLPA Bill, 2010 remained pending and lapsed in
2914.
Wildlife (Protection) Amendment Bill, 2010 pending before the
Parliament. Focused on implementation of international conventions,
15. SCOPE OF PROTECTED AREAS
National Parks, Wildlife Sanctuaries, Buffer Zones,
Conservation Reserves, Community Reserves,
Ecologically Fragile Zones
16.
17.
18.
19.
20. •Stockholm Conference (1972) recommended
up-gradations of legislative measures.
•National Agriculture Commission (1976)
expressed anxiety over depleting forest cover
and decimation of wildlife.
•Eight states including Madhya Pradesh
requested the Union of India to formulate law
related to “wildlife management”.
•Adopted by all the States of the Union.
•The State of Jammu & Kashmir is having their
own Wildlife (Protection) Act.
BACKGROUND OF ENACTMENT OF WILLIFE
(PROTECTION) ACT, 1972
21. ENACTMENT OF
WILLIFE (PROTECTION) ACT, 1972.
• After receiving the consent of the H.E. President on 9th September,
1972 placed in the “Statute Book.
• Effective from the date of the Gazette notification i.e. 9th
September, 1972.
• Wildlife Protection Act, 1972 amended in 1982, 1986, 1991, 1993,
2003 and 2006. Wildlife (Protection) Amendment Bill, 2010
pending before the Parliament. Focused on implementation of
international conventions, particularly CITES.
• Enunciated as regulatory in nature, but looking to the degenerating
status of wildlife in the country, the Act has been made prohibitory
in nature, through amendments.
22. THE OBJECT & STATEMENT
An Act to provide for the
protection of wild animals, birds
and plants and for the matters
connected therewith or ancillary or
incidental thereto with a view to
ensuring the ecological and
environmental security of the
country.
23. ESSENCE OF
WILLIFE (PROTECTION) ACT, 1972.
•The title of WLPA suggest “protection” oriented
legislation. The WLPA is “prohibitory” in nature and
provide many negative provisions, with stringent
punishments.
•Applicable to the whole of India except State of J&K. J&K
Wildlife (Protection) Act, 1986 apply to the State of J&K.
the salient features of both the Acts are somewhat similar.
24. Continue…
•The scope of WLPA provides that certain species
specified in Schedule-I, II, III, IV & VI and protected
areas notified thereunder should be conserved.
•Having jurisdiction over National Parks, Wildlife
Sanctuaries, Conservation Reserve and Community
Reserve.
•Having jurisdiction over 6800 species (based on the
Storer & Usinger Classification of Animal Kingdom)
since many taxa of Aves, Reptiles and Arthropoda
are specified.
25. • Comparatively young Act.
• Frequent amendments, sometimes without
realising the implications at ground level.
• The concept of wildlife management is
evolving – leads to lot of scope for judicial
review and interpretations.
• There is nothing wrong with the provisions
but misleading & topsy turvey interpretations
have led to controversies and consequently
WLPA has been widely criticized as
draconian..
26. THE WISDOM
• Criticizing provisions of FCA is not the solution of
problem. Amendments in FCA shall take very long
time. It is in our interest to know the legal provisions
and procedures very well and obtain
clearances/sanctions as early as possible.
Criticizing provisions of WLPA is not
the solution of problem. Amendments
in WLPA shall take very long time. It is
in our interest to know the legal
provisions and procedures very well
and obtain clearances / sanctions as
early as possible.
27. RULES FRAMED UNDER THE W.L.P.A.
• The Wildlife (Transaction & Taxidermy) Rules, 1973.
• The Wildlife (Stock Declaration) Central Rules, 1973.
• The Wildlife (Protection) Licensing (Additional Matters
for Consideration) Rules, 1983.
• The Wildlife (Protection) Rules, 1995.
• The Wildlife (Specified Plants-Conditions for
Possession by Licensee) Rules, 1995.
28. • The Wildlife (Specified Plant Stock Declaration) Central
Rules, 1995.
• The Recognition of Zoo Rules, 1992.
• The Wildlife Stock Declaration Rules, 2003.
• Marking and measurement of wildlife trophies under
the Wildlife Stock Declaration Rules, 2003.
29. Applicability of WLPA
• Having jurisdiction over National Parks, Wildlife
Sanctuaries, Conservation Reserve and Community
Reserve
• The scope of WLPA provides that certain species
specified in Schedule-I, II, III, IV & VI should be
conserved. Having jurisdiction over 6800 species
(based on the Storer & Usinger Classification of Animal
Kingdom) since many taxa of Aves, Reptiles and
Arthropoda are specified.
30. APPLICABILITY OF WLPA
Protected areas
FOREST DEPARTMENT
• National Parks,
• Wildlife Sanctuaries,
• Conservation Reserve
• Community Reserve.
Species specified in
Schedule-I, II, III, IV &
VI having jurisdiction
over 6800 species
(based on the Storer &
Usinger Classification
Specified Species
Specified international conventions
31. SALIENT PROVISIONS OF WLPA
The WLPA broadly covers following aspects of wildlife
management :
A. Notification, denotification and jurisdiction over
National Parks, Wildlife Sanctuaries, Conservation
Reserve and Community Reserves.
B. Exhaustive definitions under Section-2.
C. Appointment of Chief Wildlife Warden and Wildlife
Wardens (Section-4). Delegation of powers under
Section-5.
32. D. Constitution of National Board for Wildlife (Section-
5A). Well defined functions. Previously known as
Indian Board for Wildlife.
E. Constitution of State Board for Wildlife (Section-6).
Well defined functions. Previously known as Wildlife
Advisory Board.
F. Hunting prohibited except under Section-11 & 12.
Scientific study & snake venom collection permitted.
G. Hunting of dangerous, wounded, sick, damage causing
wildlife permitted (Section-11). The killing and
wounding in good faith of any animal in self defence
shall not be an offence (Section-11b).
33. H. Grant of permit for educational purposes, scientific
research and management, translocation of animals,
population management, collection of snake venom
(Section-12).
I. Protection of plants specified in Chapter-IIIA.
There is no such species in Orissa.
J. Now there is no provision of hunting for recreation.
34. SANCTUARIES
A. Declaration of sanctuary – preliminary and final
notifications. Sanctuaries notified before 1991 are
finally notified.
B. Section-18A(2) seriously abridges so called nistar
rights (in fact privileges), State Govts. to supply
forest produce from outside.
C. Collector to determine rights (Section-19).
D. Bar of accrual of rights (Section-20) – resentment
against the provision, require amendment.
E. Continuation of rights in consultation with CWLW.
Mandatory and not plain formality.
35. F.Time limit for completion of acquisition proceedings
– 2 years, ended on 31st March, 2005. Dismal
Progress.
G. Final notification of sanctuary (Section-26A).
H. De-notification under Section-26A(3) under
consent of the National Wildlife Board and the
Hon’ble Supreme Court (Order dated 14th Feb,
2000).
I. Destruction of habitat etc. in a sanctuary prohibited
except under a permit (Section-29), i.e. mining
prohibited (specific order dated 17th Nov. 2007)
J. Control of sanctuaries by CWLW. No new tourism
facilities except under prior approval of National
Wildlife Board can operate [Section-33(a)].
36. H. Registration of arms (Section-34).
I. Powers to remove encroachment (Section-34A).
ACF can evict encroachment in non-forest areas
of sanctuary. DCF can confiscate property.
37. NATIONAL PARKS
National parks can be declared on the basis of
ecological, faunal, floral, geomormphological
and zoological value of the area.
A. Provisions of Sections 19 to 26A, [except section-
24(c)(2)], 27, 28, 30, 31and 32 to apply to National
Parks.
B. Final notification under section-35(4), after vesting
of ALL RIGHTS in the State Govt. No provision
for continuation of rights.
C. No alteration of boundaries except under consent of
National Wildlife Board and Hon’ble Supreme
court.
38. D. No destruction of habitat except under permit
granted with the consent of National Board and the
State Govt. (Section-20).
E. Forest produce removed as nistar cannot be used
for commercial purposes [Section-35(6)].
F. No grazing permitted in national parks.
39.
40. NEW PROTECTED AREAS OF
CONSERVATION RESERVE &
COMMUNITY RESERVE
A. Declaration of conservation reserve (Section-36A)
– on Government land, salient about rights.
B. Conservation Reserve Management Committee
(Section-36B).
C. Declaration of Community Reserve (Section-36C) –
on private lands, silent about rights and their
settlement.
D. Conservation Reserve Management Committee
(Section-36D).
41. THE OTHER PROVOISIONS OF WLPA
Powers of the Central Government to declare protected
areas (Section-38).
Central Zoo Authority and recognition of zoos
(Section-38A).
Wild animals to be Government property (Section-39).
Trophy declarations (Section-40).
Immunity in certain cases (Section-40A).
No transfer of trophy except under succession
(Section-43) (except tail feathers of Peacocks and
zoos).
42. PREVENTION & DETECTION OF OFFENCES
Section-50 power of entry, search, arrest and
detention.
Section-51 Penalties – contravention of any
provision of Act, Rules, licence, permit is
punishable with imprisonment upto 3 years and
fine upto Rs 25,000. Subsequent offence 3-7 years
imprisonment and fine more than Rs.25,000/-.
If crime committed to any species specified in
Schedule-I, Part-II of Schedule-II, or sanctuary or
national park, or altering boundaries – punishable
with imprisonment from 3-7 years and fine more
than Rs.10,000.
43. Bail cannot be granted - public prosecutor should be
provided opportunity to oppose bail and the court is
satisfied that the accused shall not cause second
offence (Section-51A).
Equal punishment for ATTEMPTS & ABETMENT
The “burden of proof” shall be on the accused
(Section-57).
The Central Government can alter entries in
Schedules.
Power of Central and State Governments to make
Rules (Section-63 and 64).
44. The statutory body of National Tiger Conservation
Authority (NTCA) constituted under provisions of
Wildlife (Protection) Amendment act, 2006.
Section-38O(g) : NTCA to ensure that – Tiger
Reserves and areas linking one protected area or tiger
reserve with another protected area or tiger reserves
are not diverted for ecologically unsustainable use,
except in public interest and with the approval of
NBWL on the advice of NTCA.
45. Section-38V(4) : the State Government while preparing a
Tiger Conservation Plan ensure livelihood of local
communities. The expression Tiger Reserve includes:
i. Core or critical tiger habitat - area of national parks and
sanctuaries, where it has been established on the basis of
scientific and objective criteria and notified by the State
Government in consultation with Expert Committee.
ii. Buffer or peripheral area - consisting of the area peripheral to
critical tiger habitat or core area………., where a lesser degree
of habitat protection is required to ensure the integrity of the
critical tiger habitat with adequate dispersal for tiger species,
and which aim at promoting co-existence of between wildlife
and human activity with due recognition of the
……………………., the limits of such areas are determined
on the basis of scientific and objective criteria in consultation
with the concerned Gram sabha and Expert Committee
constituted for this purpose.
46. Non- statutory Amendments / Reforms
• Details of man-wildlife conflict to determine true status of
wildlife. Compensation paid to villagers for death, injuries
and crop.
• Assessment of forests crop in the context of wildlife –
availability of forage, water and cover. Connecting corridors
– porosity, fragmentation and juxta-position effects.
• Assessment of wildlife carried out by WII, wildlife recorded
at transects laid in 2008 and 2010. Wildlife Impact
Assessment and Wildlife Habitat Conservation Plan.
47. Preparation, integration and sanction of
“Wildlife Habitat Conservation Plan”.
Preparation of “Wildlife Habitat
Conservation Plan” by project proponent /
consultant and obtain comments of
CWLW
Apply to CWLW for preparation of “Wildlife
Habitat Conservation Plan” under Section-12
Obtain comments of State Wildlife Board
on “Wildlife Habitat Conservation Plan”
Obtain comments NTCA on “Wildlife
Habitat Conservation Plan”
Obtain comments of Standing Committee
of National Board for Wildlife on
“Wildlife Habitat Conservation Plan”
If protected
areas are
involved
If protected
areas area not
involved
Link with Forest Appraisal
Committee
48. Other Issues of “Wildlife Habitat Conservation Plan”
and Wildlife (Protection) Act, 1972
Submission of “Wildlife Habitat Conservation
Plan” at initial stage not mandatory; but its
formulation at later higher stage insisted.
No Guideline available for carrying out “Wildlife
Impact Assessment” and preparation of “Wildlife
Habitat Conservation Plan”. No specific format for
submission of plan.
For preparation of “Wildlife Habitat Conservation
Plan” , the Wildlife Institute of India is awfully
busy. NGOs are neither having expertise nor
possess capacity to prepare or synthesize
requirement of “wildlife” and “mining “ sectors.
NGOs – no capacity for “mitigation planning”.
49. Few experts understand “wildlife impact
assessment”; still fewer possess expertise for “Wildlife
Rehabilitation & Resettlement Planning”. Develop
non-statutory policy regime.
Wildlife corridors and buffer zones [ref Section-
38O(g) and 38V(4)] are really fast emerging vital
issues. NTCA permission mandatory. Virtually
threatening coal, power and steel sector.
Area of underground mine being considered in study &
calculation of “fragmentation”, “porosity” &
“juxtaposition” effects.
Asiatic Elephants – seasonal traversing for food &
water is mis-understood as “migration routes”. No data
available for elephant ecology, physiology, elephant –
vegetation dynamics etc.
Radio-collar Elephant male and female with calf societies
to study ecology, ethology and migration routes.
50. Amendments made in 2006
• 51(1C) Anybody found guilty of hunting inside Tiger
Reserve or altering the boundaries shall be punishable
for imprisonment not less than 3 years extendable up
to 7 years with fine from Rs. 50,000 to Rs. 2,00,000. On
second conviction imprisonment shall not be less than
7 years with fine Rs. 5,00,000 to Rs. 50,00,000.
• The abetment shall also attract equal penalty.
51. Hunting rights of certain tribal communities
protected (Section-65).
Any sanctuary or national park declared under any
previous Act is adopted under the Wildlife
(Protection) Act, 1972 [Section-66(3)].
All ‘RESERVE FORESTS’ to be finally notified
sanctuaries and national parks [Section-66(4)],
since ‘rights’ are already settled under ‘forest
settlement proceedings’.
52. The Section-66(4) provides for deemed final
notification of the forest areas as WS [for national
parks read with Section-35(1)] and consequently
such areas stands finally notified as NP/WLS.
De-notification of protected areas require prior
approval of the National Wildlife Board (PM as
chairperson, broad based board). Denotification
almost impossible.
53.
54. The Statutory Institutions under WLPA
• Forfeiture of property derived from illegal hunting &
trade (Section-58A to 58Y).
• The property of a person is liable for forfeiture, if he is
convicted for punishment with more than 3 years
imprisonment. Any accomplice of such person is also
likely to face same fate.
• Designation of any CCF as Confiscation Officers and any
DIG as Investigation Officer.
• Section 58(b) provision for Appellate Tribunal for
confiscation.
• No State has taken concrete steps.
55. National Tiger Conservation Authority
• Section 38(K) to 38(X) provides for constitution of
National Tiger Conservation Authority.
• Section 38(U) provides for constitution of State Steering
Committee.
• The authority has been provided vide ranging powers for
planning, administration & management of Tiger
Reserves.
56. Tiger & other Endangered Species
Crime Control Bureau
•Section-38(Y) provides for constituting Tiger &
other Endangered Species Crime Control
Bureau.
•Section-38(Z)(iii) provides fulfillment of
obligations under international conventions &
protocols e.g. CITES, Ramsar Conventions,
Turtle Conventions, Convention on Migratory
Species, Whale Convention, World
Conservation Union etc..
57.
58. • The WLPA [Sec. 18(A) to 26] provide
provisions for “Settlement of Rights” inside
PAs.
• The issue of settlement of rights has
assumed important dimensions because the
“Object and Statement” has been
amended to include – “ensuring the ecological
and environmental security of the
country” and Sec. 25(A) has been inserted
which provides that rights shall be settled
within 2 years of the notification.
RIGHT SETTLEMENT INSIDE
PROTECTED AREAS
59. • The rights shall be settled by the Collector
who has got jurisdiction over the area. If
any PA falls in two or more districts than
respective collectors shall settle the
rights in respective districts .
• Section 66(4) of WLPA provides (inserted
on 2.10.1991) that as far as reserved
forest (RF) and territorial water are
concerned these areas shall be deemed
as finally notified PAs. These
provisions have been inserted because
rights do not exists in suchareas and
consequently there is no need for
determination of rights.
60. While determining rights following
important aspects should be kept in
mind :
The Sec. 5 of the Indian Forest Act,1927
place bar on accrual of rights in areas
notified U/s4 of IFA.
The Sec. 20 of the WLPA place bar on
accrual of rights except by succession,
testamentary or intestate.
The only “rights” which were existed at
the time of preliminary notification
can be settled [as per record of rights
(Wajib-ul-urg)] under settlement.
61. The State Assembly inserted Section
20(A) in the Indian Forest Act, 1927 (as
applicable to M.P.) – The provision accepts
any area notified as RF/ PF by any authority
before/ after Independence and any area
mentioned in the duly approved WP.
The reserve forest areas are not burdened with
any kind of rights (since all such rights were
either disclaimed or acquired in forest
settlement), thus there is no need of right
settlement U/s 66(4) of WLPA and such
areas can be straight way finally notified.
62. The Collector has two important functions related
to right settlement in protected areas:
The Collector or his assignee can
determine and evaluate rights prevalent in
the area.
The Collector or his nominee (as
authorised by the State Govt.) can start
proceeding U/s 4 of the Land Acquisition
Act, 1894 for acquisition of rights.
63. The concerning Director/ Dy. Director/ DFO/
Superintendent has got natural powers to
oppose admittance of any right, which he
believes to be in-correct or non-existent.
The orders passed by the Collector U/s
24(2)(a) of WLPA is interlocutory in nature (not
having final force of law) and subjected to final
notification by the State Government unless the
notification for “Denotification of the Area” is
issued the concerning area still remains part of
PA.
The alteration of the boundaries of PAs
[Sec.26-A(3)] cannot be made except on
recommendation of the National Board.
64. RECENT DEVELOPMENTS IN WLPA
Large number of PILs are pending in
HSC /HHC (CWP 202/95, 337/95), passed
app. 70 orders, mostly these orders have
not reported in AIR, SCC, SC Almanac etc.
Constitution of Central Empowered
Committee and State Empowered
Committees, for dealing with FCA, IFA
and WLPA cases.
Many hardcore conservationists are
members of these committees. Technical
pleadings / loopholes of the law are the
only solutions.
65. Continue...
Interventions by WWF, World
Conservation Union, BNHS, Ramsar
Convention, Convention on Migratory
Species, Centre for Environmental Law
etc. cannot be ruled out.
In I.A. No.860 Bhopal Municipal
Corporation was fined Rs.6.5 crores.
Power Grid Corporation of India
(GOI PSU) was forced to pay Rs.
45 crores in the case of Rajaji
National Park, Uttaranchal.
NMDC is facing closure of Bellary
Mine in Karnataka.
66. ADVICE
Forests and wildlife (particularly national
parks, wildlife sanctuaries, biosphere
reserves, ecologically sensitive zones,
marine NPs are dangerous and troubled
waters – handle cases with extreme care.
67. SUPREME COURT ORDERS
Denotification not possible without
resolution passed by the State Assembly
(Order 22nd August, 1997 passed in I.A.
No. 2, CWP NO.337/95 Centre for
Environment Law, WWF-I ver Union of
India)
Order 14th February, 2000 passed in
CWP NO.202/95 T.N. Godavarman
Thirumulkpad ver Union of India) restraint
Governments from ordering “removal of
dead,diseased, dying or wind-fallen trees
or even grasses”.
68. NATIONAL WILDLIFE ACTION PLAN (2002-16)
Objective – to acquaint & inculcate an
empathy for nature, flora, fauna etc.
Primary economic benefit to local
communities.
No conflict between tourism and
conservation. Tourism in consonance with
conservation.
Formulation of national policy on ecotourism.
Tourism management plan for every protected
area.
69. THE BEST COURSE OF OPTION
A. If protected areas are involved, well
in advance approach National
Wildlife Board through State Chief
Wildlife Warden and the State
Wildlife Board for clearance.
B. In fait accompli cases, where
pipelines have been laid in
anticipation of sanction, file petition in
the CEC. Petition may be allowed,
but penalties shall be imposed.
72. PROTECTED AREAS &
WILDLIFE (PROTECTION) ACT, 1972
Salient features
• Geographical area (including forest
area) under PA network –
1,55,348 sq. kms.
• New PAs are not being notified.
Impact of Wildlife (Protection)
Act, 1972
• Rights cannot be acquired or
traded u/s 20, WLPA.
• Most of RF is part of protected
areas.
• Exploitation not possible under
Section-29, WLPA.
• Ban on exploitation & diversion
of protected areas under orders
of the Hon’ble Supreme Court.
The habitats of protected areas cannot be used for ‘mining
purposes” due to prohibitory legal regime. Even non-
forest area of protected areas cannot be used
(Tahir Ali ver. State of Madhya Pradseh
73. Typical forest & village mosaic of a protected area
All non-forest areas situated within external boundary of
protected areas are part of inviolate wildlife habitat.