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Dr. Niraj Sharma, Scientist Central Road Research Institute (CRRI) New Delhi, 110 020

“ Issues Related to Forest & Wildlife Clearance” ( June 20 th , 2013). Dr. Niraj Sharma, Scientist Central Road Research Institute (CRRI) New Delhi, 110 020 Email: neeraj.crri @ nic.in. “Forest Clearance” [ As per the Provisions of

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Dr. Niraj Sharma, Scientist Central Road Research Institute (CRRI) New Delhi, 110 020

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  1. “ 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 @ nic.in

  2. “Forest Clearance” [As per the Provisions of The Forest ( Conservation) Act (1980) (Including Forest (Conservation) Rules(2003)] 2 8/23/2007

  3. Forest Cover in India • Forest and tree cover of the country ~78.29 million hectares, ~ 23.81% of the geographical area • India’s 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%) Sources- Forest survey of India Report, 2011 The Hindu, New Delhi, February 7, 2012

  4. It isa 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. Main Features of Forest(Conservation) Act(1980) 4

  5. In J&K diversion of forest land is done under J&K 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 Main Features of Forest(Conservation) Act(1980) - Contd. 5 8/23/2007

  6. 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) >40ha : Forest Advisory Committee FAC (by MoEF) The Forest (Conservation) Act (1980) including Forest Conservation Rules (2003) 6

  7. 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)

  8. 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

  9. “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 “Reserved Forests” and “Protected Forests” 24-Sep-14 CRRI 9

  10. 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. Contd. 24-Sep-14 CRRI 10

  11. 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 ( Hon’ble 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)

  12. Forest Oxford Dictionary has defined forest as • “a large area covered chiefly with trees and undergrowth:a pine forest[mass noun]:a large tract of forest”

  13. Applicability of Forest (Conservation) Act (1980) • Reserve Forest • Protected Forest • Linear Plantation (Declared as PF by the State Govt.) • Revenue Forest (Zudpi Jungle, JangalJhari, etc.) • “Mangroves in State of Maharastra” (Orders of Hon’be Mumbai High Court ) • Area Adjoining “Central Ridge Area in Delhi” (RF??) Having Similar “Morphological Features” (Hon’ble Supreme Court of India Order: May , 1986) • National Park, Wildlife Sanctuary, Conservation Reserve (Declared Earlier as RF/PF) • Wildlife Corridor (??)

  14. 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, Hon’ble 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 Mangroves in Maharashtra Declared as PF 14

  15. 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

  16. 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 • > 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 • > 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 > 100 ha or if there is any Violation Under FC (Act) (1980) or EPA (1986) for the Proposal/Project Under Implementation Stage/ Completed

  17. 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

  18. Procedure for Obtaining “Forest Clearance as per the Forest (Conservation) Rules (2003) (Stage I Clearance) Proposal by user agency (Part I of Form A) Form ‘A’ Returned if, incomplete Nodal Officer* Deputy Conservator of Forest and Conservator of Forest (Part II & III) (Part II & III) 90 days Examine details, site inspection, and preparation of formal proposal Scrutiny, Remarks, Recommendations 30 days Recommendation of Principal Chief Conservator of Forest (Part IV) State Government/Union Territory Administration (Concerned Secretary)(Part V) 60 days Recommendations Chief Conservator of Forest or CoF of Regional Office of MoEF Scrutiny, Remarks, Recommendations Final approval Area>40ha Along with recommendations of State/ UT govt. Area 5-40ha including mining and encroachment proposals Area upto 5ha. Other than mining & regularization encroachment 45 days Regional Empowered Committee (State Advisory Groups) Recommendations & Diversion Proposal 45 days Incomplete or deficient proposals to be returned to State Government MoEF (Competent Authority) Forest Clearance Granted 19 8/23/2007

  19. Form-A for “Forest Clearance” (Form Seeking Approval under Section 2 of the proposal by the State Government and other Authorities) Details to be furnished: (i)Project Details, (ii) Purpose wise breakup of total land required, (iii)Details of displacement of people due to project, (iv)Whether clearance under EPA (1986) required, (v)Details of certificate/documents enclosed as required etc (Complete details of alternatives alignment examined especially in case of projects like roads, transmission lines etc.). To be filled by User Agency Part-I Details to be Furnished: (i)Location of project, (ii) Details of compensatory afforestration, (iii) Site inception report of DCP, (iv) Division/ District profile, (vi) Requirement of forest land by user agency is unavoidable & barest minimum for project, if no, give area item-wise details of alternatives examined (vi) Specific recommendations of the DCF for acceptance or otherwise, (vii) any work in violation of act has been done. If yes, details of same with period of work have done, action taken on erring officials & whether working violation is still in progress. To be filled by concerned Deputy Conservator of Forest (DCF) Part-II Details to be Furnished: (i)Whether sites, where forest land involved is located been inspected by concerned conservator of forest, if yes date of inspection & observations made in form of inception note to be enclosed, (ii) concerned conservator of forest agree with information given in Part-B and recommendations of deputy conservator of forest, (iii) recommendations of Concerned Conservator of Forest for acceptance or otherwise of proposal with detailed reasons. Part-III To be filled by ConcernedConservator of Forest Details to be furnished: (i)Detailed opinion &specific recommendations of State Forest Department for acceptance of otherwise of the proposal with remarks. Part-IV To be filled by Nodal Officer or Principle Chief Conservator of Forest or Head of Forest Department Details to be furnished: (i)Recommendations of State Government, (ii) adverse comments made by office or authority in Part II, or Part III or Part IV above should be specifically commented upon To be filled by Secretary in charge of Forest Department or by any other Authorized officer of the State Government not below the rank of an Under Secretary Part-V To be submitted by State Government (Complete Form with certificates along with clarification/guidelines given by MoEF) Central Government (MoEF) Incomplete or deficient proposals to be returned to State Government Stage I (In Principle Approval) Compliance Report by concerned State/ UT Govt. Stage II Clearance(Physical handover of the Forest land) 20

  20. 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” (1:10) in Lieu of Trees Cut

  21. “Prior Environmental Clearance”of the Project, Which Also involves “Forest Clearance” 22 8/23/2007

  22. 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 Consideration of Projects for Grant of “EC” Under EIA Notification, 2006 which Involve Forest Land – Procedure to be Followed 23

  23. Delinking Forest & Prior Environmental Clearance for Linear Projects

  24. Delinking Forest & Prior Environmental Clearance for Linear Projects

  25. “Wildlife Clearance” As per the Provisions of The Wildlife ( Protection) Act (1972) 27 8/23/2007

  26. 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

  27. 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

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

  29. 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

  30. GovindSagar 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

  31. 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

  32. The Wildlife (Protection) Act (1972) • “Natural Park” & “Sanctuaries” - Declared by State or Central Government’s Notification • “Conservation Reserve”, “Community Reserve” and “Closed Areas” - Declared by State Government

  33. 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).

  34. To abate unwanted killing of wild animals throughout the year, State Government specifies in the notificationany 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 Definitions 37 8/23/2007

  35. “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)

  36. 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.

  37. Procedure For Wildlife Clearance for Road/highway Projects Passing Through PA’s • Prior clearance is Required from National Board of Wildlife (NBWL) followed by Hon’ble 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).

  38. Relevant Survey of India ( SOI) (Scale 1:50000) 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 1:50,000 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 don’t Impact PA Data to be Provided by Project Proponent 41 8/23/2007

  39. Procedure for “Wildlife Clearance” in National Park / Sanctuaries for DevelopmentalActivity Proposal for Investigation & survey in National Park/ Sanctuary Opinion of Incharge N.P/WLS Opinion of CWLW (attach signed copy) Part- I DOCUMENTS REQUIRED 1. Project report, 2. Map (1:150000 scales) of the area, 3. Report of 2 alternatives, 4. Biodiversity impact assessment report, 5. Details of displacement of people Part -II Project Details to be filled by the Applicant Recommendations Completed by Officer In charge of National Park/Wild Life Sanctuary (within 30 days of the receipt of PART-II) DOCUMENTS REQUIRED Positive impacts & negative impacts due to diversion, Management Plan and other important details (attach copy) Part-III Recommendations Completed by the Chief Wild Life Warden (within 15 days of the receipt of PART-II & PART-III) Part-IV Recommendations DOCUMENTS REQUIRED Opinion of the State Board for Wild Life (attach copy) Completed by the Department In charge of Forest & Wild Life in consultation with State board (within 30 days of receipt of PART-II, III, IV) Part-V Rejection Submitted to MoEF Resubmission Clearance according to Stipulated Conditions Review of clearance by CEC 42 8/23/2007

  40. 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.

  41. 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. Provision in EPA (1986)-Power of Central Government to Take Measures to Protect and Improve Environment (Section 3) 46

  42. 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.

  43. 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)

  44. Thank You 24-Sep-14 CRRI 49

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