The Legal Aspects of Wetlands C ti I I diConservation In India

S.Nataraju

• What are wetlands?What are wetlands?Wetlands are areas of land where the water level remains near or above the surface of the ground for most of the year. The wetlands cover about 6 per cent of the earth’s surface. Articles 1.1 of the Ramsar Convention Wetlands are defined as:Ramsar Convention, Wetlands are defined as: “Areas of marsh, fen, peat land or water, whether natural or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six meters ”tide does not exceed six meters.

Wetlands map:India Ramsar sites:India

Ramsar wetland sites in India Source: Wetland International

• Important Methods of WetlandsImportant Methods of Wetlands Conservation:Scientific/ Ecological: Based on ecological –Scientific/ Ecological: Based on ecological

sustainability; eg.Naturalness,diversity, uniqueness, sensitivity, renewability

etcetc.,

Economical: based on efficiency & cost–effectivenesseg. Productivity, employment, income etc.,

Socio-cultural:based on equity & cultural perceptions.eg. health, amenity value,cultural identity,spiritual

value,existence value etc.,

Legal or Regulatory: National legislative initiatives

Constitutional commitments towards nature conservation

• Part-III: Fundamental rights; S.C. mandates in i t l ienvironmental issues.

• Right to life includes, right to live in healthy & hygienic environment.( Subash Kumar V.State of Bihar & M.C Mehta V. (U.O.I etc.,

• Part-IV: Directives Policies of the states, Art: 48-A• Part-V-A: Art; 51-a(g) Fundamental dutiesPart-V-A: Art; 51-a(g) Fundamental duties• 73rd & 74th Amendment (Involving the Rural & urban LSGs in

environment conservation process )

• Art:31-A permits the govts,to acquire wetlands for public purpose R/w entries17(a) & (b) power for protection of wildlife &forests through legislation. g

Legal Methodsat the International Level

• International Convention & initiatives:

• Ramsar Convention on wetlands of International importance especially as water fowl habitat,1971( held at Ramsar,Iranian City)

“The ambitious aim of the Convention is “to stem the progressive encroachment on and loss of wetlands now and future” and to support wetland conservation “by combining far-pp y gsighted national policies with coordinated international action”.

Conservation measures includes;

Specific Site Measures : (Art.2),designating wetlands of international p ( ), g gimportance,& conservation of National parks, protected areas, site planning participatory management etc.,

Non-site-specific measures: ( Art.3.1) Integrated planning, environmental permitsystems. EIA, and audit procedures, habitat & species conservation and incentives based measures etc.,

International cooperation: (Art:4&5) Implementation of the Ramsar initiatives,obligations, encourage wetland research & promoting the training of personnel. etc.,

Major International C iConventions

• The United Nations World conference on the Human environment (Stockholm)

• The Convention on Biological Diversity held on June 5th 1992.

• The Convention on the Conservation of Migratory Species of Wild Animals, June 23rd 1979(also known as Bonn Convention) focus more on a particular wetland function or value.

International C iConventions, Contd.,

Th W ld Ch t f N t d t d d l l• The World Charter for Nature, adopted and solemnly proclaimed by the UN General Assembly on 28 October, 1982, declared that essential ecological processes must not be impaired and the genetic viability of the earth not be p g ycomprised.

• The 1992 Rio Declaration on Environment and Development padopted a much more anthropocentric approach to these issues.

• The ‘World Summit on Sustainable Development’ was held at Johannesburg, South Africa from 26th August to 4th September, 2002, to reaffirm the commitment of sustainable development as declared in the previous conference.development as declared in the previous conference.

National Initiatives Laws & PoliciesNational Initiatives Laws & PoliciesNational Initiatives:

Important Wetlands conservation strategies and policies;I. National Conservation Strategy, Policy Statement on Environment and

Development 1992Development 1992II. National Forest Policy,1988III. National Environmental policy 2006 & etc.,

Major Environment Conservation Laws:Major Environment Conservation Laws:

Indian Forest Act 1927, Forest (conservation)Act1980Wild Life protection Act 1972, Water (Prevention and Control of Pollution Act) 1974,Air (Prevention and Control of Pollution Act) 1981Environment protection Act 1986.

Wetlands Restoration Methods

Regulatory Non- regulatoryRegulatory Non regulatory(Legal measures) (Other than legal tools)

Permit Systems to agricultural Participatory Environment and forestry activities Management (PEM)forestry activities Management (PEM)

EIA where wetlands may effect Granting tax incentives

Environment Protection Act Sec:3 Creating management agreementsEnvironment Protection Act Sec:3 Creating management agreements (General powers of the Central Government)

CRZ notifications to coastal areas Subsidies for conservation

Declaration of National Parks& wetlands mitigation chargesand user charges

Bird sanctuaries (under Wild Life Protection Act) Financial assistance to NGOs etc.,Protected areas & etc.,

Recent developments in Wetlands C tiConservation

Regulatory framework for wetlands Conservation(MoEF, Draft Rules on Wetlands conservation & Govt., initiatives based on NEP-2006)( , , )

The Wetlands (Conservation & Management) Rules2008.. Its Salient features.

Framed through the powers conferred under EPA 1986,sec; 25 r/w sec;3 (1)(20 (v)(1)(20 (v)

As per the draft rule 2 (b) “Wetland” means an area of marsh, fen, peat land or water, whether natural or artificial, permanent or temporary with water that is static or flowing, fresh, brackish or salt, including areas of marine water, the depth of which at low tide does not exceed six meters;depth of which at low tide does not exceed six meters;

As per the explanation given to this rule, the wetland does not include main river channels; paddy fields; coastal wetlands such as mangroves, marine algal beds and coral reefs; and other entities covered under the notificationalgal beds and coral reefs; and other entities covered under the notification on Coastal Regulation Zone.

Draft rules on wetlands-2008

The Wetlands (Conservation & Management) RulesSalient features of the proposed draft rules .contd.,

The Wetlands covered under the Wild Life Protection Act,1972, Indian Forest Act 1927, The Forest Conservation Act 1980,and wetlands out side protected or notified forest areas shall be regulated under the respective laws and under the Environment Protection Act1986.The said Rules applicable only to the identified and notified in accordance with the procedure enumerated in the rules.Rule 4(1) &(2) provides two categories of restriction on Wetlands :

Prohibited Activities Regulated Activities

•Conversion of wetland to non-wetland use, Withdrawal of water/diversion

•Reclamation of wetlands, Harvesting of living/nonliving resources

•Solid waste dumping and discharge of untreated Treated effluent dischargesp g g g

•effluent and any other activity to be specified in writing, plying of motorized boat

(according to the Committee constituted in dredging/constructions of permanent nature with accordance with rule; 9,10 and 11 of draft rules, in 50m of periphery from except jetties; , , p p y p jmay have adverse impact on the ecosystem of the wetland)

The Wetlands (Conservation & Management) Rules,2008Salient features of the proposed draft rules contd- Salient features of the proposed draft rules .contd.,

Regulatory Authorities of Wetlands-(RAW)g y ( )

Central Wetlands Conservation Committee(CWCC) R l 9(1) &(2)(CWCC) Rule.9(1) &(2)

Expert Appraisal Committee (EAC)- RAW( For Category A- Wetlands)

State Wetlands Conservation Committee (SWCC) Rule.10(1&2)( ) ( )State Environment Impact Assessment Authority (SEIAA) -RAW

( For Category B - Wetlands)

District Wetlands Conservation Committee (DWCC) Rule 11 RAWDistrict Wetlands Conservation Committee (DWCC) Rule.11 - RAW( For Category C - Wetlands) Rule

draft rules on wetlands-2008

The Wetlands (Conservation & Management) Rules,2008Salient features of the proposed draft rules contdSalient features of the proposed draft rules .contd.,

Categories of wetlands for regulation: (Rule.7. i)

Category-A Wetlands : Identification criteria Category B and C Wetlands

a) Wetlands listed under the Ramsar Conventionb) Wetlands recognized as or lying within a world heritage site or a national

heritage sitec) Transboundary wetlandsc) Transboundary wetlandsd) Inter-state wetlands which do not fall under category B or C;e) Wetlands with an area equivalent to or more than 1000 ha in arid regions,

5000 ha in semi-arid regions, 10,000 ha in sub-humid and 1,00,000 ha in5000 ha in semi arid regions, 10,000 ha in sub humid and 1,00,000 ha in humid tropic regions; and

f) Wetland which is a major source of drinking water for ‘Class ‘A’ Cities

The Wetlands (Conservation & Management) Rules,2008Main features…Main features

Categories of wetlands for regulation: (Rule.7 – ii )Category- B Wetlands: (Criteria for Identification)

a) Wetlands recognized as, or lying within, a state heritage site; b) Wetlands with an area of 25 ha but below 1000 ha in arid regions,

100 ha but below 5000 ha in semi-arid regions, 500 ha but below10,000 ha in sub-humid; and 2,500 ha but below 1, 00,000 in humidtropic regions;

c) High altitude wetland at 2,500 meters or more above mean sealevel; and;

d) Wetland which is a major source of drinking water for Class ‘B’ Town

The Wetlands (Conservation & Management) Rules Salient features of the proposed draft rules .contd.,

Categories of wetlands for regulation: (Rule.7-iii )g gCategory – C Wetlands : (Identification Criteria)

a) Wetlands other than those covered under category A and B;b) Wetland with an area less than 25 ha in arid regions, less than

100 ha in semi-arid region, less than 500 ha in sub-humid and lessthan 2,500 ha in humid tropic regions;

c) Wetland which is a major source of drinking water for localc) Wetland which is a major source of drinking water for localcommunities involving at least 100 households; and

d) Wetland which is socially and/or culturally important to the localcommunitiescommunities.

Explanation: A wetland proposed for identification should be free from Conflict of interest.

The Wetlands (Conservation & Management) RulesS li t f t f th d d ft l tdSalient features of the proposed draft rules .contd.,

Other key features:Constitution & Composition are provide under Rules. 9,10 p pand 11 for A B & C Wetlands respectively.Regulatory Bodies/powers & functions enumerated under Rule.12Approval procedure for each category of wetlands derived under rule.13 (A-category) and for Category B & C rule.14Enforcement agency for regulated activities conferred on g y gdifferent bodies viz.Forest Officers/Department/InstitutionsSPCB/ local & Urban bodies etc., These enforcement agencies have to submit Annual Report to the concerned Wetlands Conservation Committees and to the RAW i.e EAC/SEIAA/DWCC.Overall Monitoring & general powers vest with the MoEF & d i d f h E i P i A 1986& derived from the Environment Protection Act 1986.

SuggestionsSuggestionsBased on the Socio-economical, Scientific knowledge, it is necessary to take up Wetlands conservation on the lines of wise use concept and legal measures suggested by the Ramsar Convention.The proposed Regulatory Framework for the wetlands Conservation rules-2008 needs to be refined and stringent penal provisions to be made for strengthen the law enforcing agencies.There is a need to train & creating awareness amongst the different stake holders in the wetlands conservation and management.More emphasis should be given to preventive measures than the curative ones.A comprehensive approach & holistic study is to be adopted for Wetlands conservation.

Lake Symposium-2008y p

S.NatarajuFaculty

J S S L C ll (A t )J.S.S.Law College,(Autonomous) Mysore,Karnataka.