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Several rules issued in past 2 years to streamline forest clearance: Govt
One of the major policies this year that is likely to have significant ramifications for India’s forests in years to come, is the amendment of the Forest Conservation Act 1980
New Delhi:
A new forest bill, enhanced wetland-protection, an increase in the number of protected areas, the cheetah translocation project, and India’s commitment to meeting its climate commitments -- these are among the substantive achievements listed by the union environment ministry in its year-end review released Friday.
One of the major policies this year that is likely to have significant ramifications for India’s forests in years to come, is the amendment of the Forest Conservation Act 1980.
The amendment titled Van (Sanrakshan Evam Samvardhan) Adhiniyam, made headlines in August after it was passed in Rajya Sabha.
The ministry said in its review that over the past two years, the forest conservation division of the ministry issued approximately 60 guidelines or clarifications to further streamline the process of approval under the Forest (Conservation) Act, 1980.
It added that “to achieve the country’s national as well as international commitments of nationally determined contributions, carbon neutrality, eliminate the ambiguities and bring clarity about the applicability of the Act in various lands, promoting the plantation in non-forest land, enhancing the productivity of the forests, amendment in the existing Act has been made by promulgating the Forest (Conservation) Amendment Act, 2023.”
One of the major concerns of the amendment, according to experts, is that it removes protection for areas that were earlier considered to be forests. For example, the amendment exempts unrecorded deemed forests from its purview leaving large swathes of forest like lands without legal protection. The legislation has been challenged by 11 retired forest/environment and other civil servants and two environmentalists in the Supreme Court and the case is still being heard.
On November 29, the union environment ministry issued a set of guidelines to implement the amendment. HT reported on December 1 that the union environment ministry has asked states and Union territories (UTs) to prepare a consolidated report of forest land as available in government records or notified as forest under law to delineate areas where the Forest Conservation Amendment Act 2023 will apply.
Further, several other guidelines have been issued on other aspects of implementing the act. On November 29, the ministry also issued guidelines on terms and conditions to be abided by the State Government or Union territory, while considering exemptions in the new act.
“Exemption for strategic linear projects of national importance and concerning national security that are located within hundred kilometres of aerial distance from the international borders, Line of Control or Line of Actual Control shall be considered only for such projects which have been notified as strategic and concerning national security by the Central Government in consultation with the respective State Governments or the Union territory Administration,” the guidelines state. Northeastern states and environmental activists had raised concerns that this clause would lead to entire states falling under the purview of this clause.
The guidelines also state that proceedings of various clearance proposals of defence and strategic projects will not be available in public domain. They clarify that the state governments will ensure settlement of forest rights act before handing over land for diversion.
“It may be noted that the Adhiniyam envisages that the final approval requires only settlement of rights under FRA and not compliance of Section 13 of FRA which stipulates compliance of FRA and Panchayat Extension to Scheduled Areas (PESA) Act. The Rules completely fail to mention PESA and that it is mandatory to follow it and the methodology to be followed to ensure compliance of Section 13 of FRA,” observed Prakriti Srivastava, retired IFS officer on the recent guidelines.
In its year end report, the ministry said that since 2014, 49 new wetlands across the country have been designated as Ramsar (Wetlands of International Importance) sites taking the total number to 75. Currently, India has the second largest network of Ramsar sites in Asia. The number of protected areas increased from 745 in 2014 to 998 this year accounting for 5.28% of the country’s total geographic area. In a first, eight cheetahs from Namibia and 12 cheetahs from South Africa were translocated to Kuno National Park in September 22 and February this year. As per the latest Tiger Census, tiger numbers increased from 2226 in 2014 to 3,682 in 2023.
The ministry also said India has already achieved part of its global climate commitment or its first nationally determined contribution (NDC) submitted in 2015. Its NDCs included reducing the emissions intensity of its GDP by 33 to 35% by 2030 from 2005 level; and achieving about 40% cumulative electric power installed capacity from non-fossil fuel-based energy resources by 2030.
“These two targets have been achieved well ahead of time. As on October 31, 2023, the cumulative electric power installed capacity from non-fossil fuel-based energy resources is 186.46 MW, which is 43.81% of the total cumulative electric power installed capacity. The emission intensity of its GDP has been reduced by 33% between 2005 and 2019,” the ministry said.
