Guidelines for seeking recommendations of the Standing Committee of National Board for Wild Life for activities in protected areas

Guidelines for seeking recommendations of the Standing Committee of National Board for Wild Life for activities in protected areas

By Dr. Yashpal Singh, Chairman, The Wealthy Waste School India

Also See Wildlife Protection Act, 1972 – A Summary

Provisions

Section 29 of the Wild Life Protection Act 1972 provides that the State Government will consult the State Board for Wild Life before any decision is taken by the State Government for permitting any activity within a Wild Life Sanctuary. Consequent to the Honourable Supreme Court having so directed in W.P. No. (Civil) No. 337/1995 on the 9^th of May 2002, all such proposals need the prior recommendation of the standing committee of National Board for Wild Life. Section 35(6) provides for such consultation with the National Board for any such activity within a National Park.

Prior approval of the National Board has to be obtained for any construction of commercial tourist lodges, hotels, zoos and safari parks inside sanctuaries (Section 33A) and National Parks {Section 35(8)}.

In case of a proposed alteration of the boundaries, recommendation of the National Board has to be obtained under Section 26A(3) for sanctuaries and Section 35(5) for National Parks.

All provisions for sanctuaries and National Parks are applicable on protected areas constituting a Tiger Reserve. Approval of the NBWL is required under section 38-O(g) and 38 W for activities inside the Tiger Reserve, in areas linking protected areas or Tiger reserves, alteration of boundaries or the de-notification of Tiger Reserves.

Activities inside Conservation Reserves can also be dealt by the Standing Committee of the NBWL.

The Honourable Supreme Court has directed on 13-11-2000 that there shall be no de-reservation/de-notification of National Park and Sanctuaries pending further orders. Therefore, to take up any such activity the approval from Honorable Court is mandatory at present.

Prior Wild Life Clearance will not be required by projects located within 10 Kms of National Park/Wild Life Sanctuaries if the Eco sensitive zones have been notified.

If a project is falling within an eco-sensitive zone it will need a NBWL Clearance.

Procedure-

1. The user agency/project proponent shall submit the application. The proposals are to be examined by the DFO and Wild Life Warden in consultation with Conservator of Forests/Chief Conservator of Forests/Addl. Principal Chief Conservator of Forest and forward to the Chief Wild Life Warden.
2. The State Government after consultation with the State Board for Wild Life will send its recommendation and a copy of the minutes of the State Board to the MoEF and CC, Government of India.
3. Ministry will examine and on completeness, forward the proposal to the Standing Committee of the National Board for Wild Life for consultation.
4. The recommendations of the National Board for Wildlife shall be considered by the Ministry before grant of Clearance under the Wildlife Act.
5. This procedure would also apply to any survey work or E.I.A. studies in protected areas.

 Reports required For Wild Life Clearances

• Report on Protected area involved, current status of wild life, current status of process, Impact of project on habitat management, access or use of resources by various stakeholders.
• Report on analysis of alternatives.
• Biodiversity Impact Assessment Report (>50 Hectare of WLS/NP area)
• Report on Land use
• Displacement and rehabilitation plan
• Wild life management plan.

Also See:

–Guidelines and Procedure for Forest Clearances under the Forest Conservation Act 1980