Page 6 - Discussion Paper - Restructuring the Environmental Governance Architecture for India
P. 6
DISCUSSION PAPER
must be added that issues of community ownership the Central Government is to frame Rules to
and management of forests including traditional rights operationalize the provisions of the Act, which
may need a relook separately. shall be laid before Parliament (Section 4)
The current governance architecture The Rules of 2003 (in supersession of the Rules of 1981,
and as amended in 2004) made in pursuance of the
The National Environment Policy 2006 includes in FC Act 1980 provide that every user agency wanting
its Objectives “vi. Environmental Governance: To to use forest land for non-forest use must apply to a
apply the principles of good governance (transparency, Nodal officer of the State Government concerned.
rationality, accountability, reduction in time and costs, The State Government after being satisfied that it is
participation, and regulatory independence) to the justified, recommends the proposal to the Central
management and regulation of use of environmental Government for its prior approval. In respect of areas
resources.” This section of the Discussion Paper comprising 5 ha or less (other than for mining) the
analyses the current legislative provisions with approval is given by the Regional office of MoE&F. In
respect to their management, regulatory and respect of areas from 5 to 40 ha (other than mining)
accountability functions, and the extent to which the approval is accorded by a Regional Empowered
they incorporate the principle of subsidiarity within Committee of MoE&F. In respect of areas measuring
a federal context, and address issues of transparency 40 ha or more and all mining proposals, the advice
and reporting, and community and civil society of the Forest Advisory Committee in the MoE&F is
involvement. taken by the Central Government. The Rules provide
that the Forest Advisory Committee shall consist of
The Forest (Conservation) Act 1980 four senior officials of the Central Government and
three non-official experts.
FC Act 1980 flows from entry 17A of List III
(Concurrent List) of the Seventh Schedule. The MoE&F has also issued “Guidelines” from
time to time relating to eligibility for grant of approval
The main architecture of the Act is as follows: to different non-forest activities, including “general
the State Government can dereserve or put forest approvals” and “standard conditions”.
land to non-forest use only with the prior approval Judicial pronouncements on the FC Act
of the Central Government (Section 2)
an Advisory Committee is created in the Ministry In Writ Petition (Civil) 202 of 1995 titled T.N.
of Environment & Forest (MoE&F [now MoEFCC]) Godavarman Thirumulpad vs. Union of India &
to advise it on grant of clearance and also on matters Ors, on September 26, 2005, the Supreme Court
of conservation of forests (Section 3) made the following observation:
“Natural resources are the assets of entire nation.
It is the obligation of all concerned including
Union Government and State Governments to
conserve and not waste these resources. Article
48A of the Constitution of India requires the
State shall endeavour to protect and improve
the environment and to safeguard the forest and
wildlife of the country. Under Article 51A, it is the
duty of every citizen to protect and improve the
natural environment including forest, lakes, rivers
and wildlife and to have compassion for living
creatures.”
As an outcome of some proceedings during the case,
MoE&F had issued a notification on April 23, 2004,
6 OCTOBER 2017
must be added that issues of community ownership the Central Government is to frame Rules to
and management of forests including traditional rights operationalize the provisions of the Act, which
may need a relook separately. shall be laid before Parliament (Section 4)
The current governance architecture The Rules of 2003 (in supersession of the Rules of 1981,
and as amended in 2004) made in pursuance of the
The National Environment Policy 2006 includes in FC Act 1980 provide that every user agency wanting
its Objectives “vi. Environmental Governance: To to use forest land for non-forest use must apply to a
apply the principles of good governance (transparency, Nodal officer of the State Government concerned.
rationality, accountability, reduction in time and costs, The State Government after being satisfied that it is
participation, and regulatory independence) to the justified, recommends the proposal to the Central
management and regulation of use of environmental Government for its prior approval. In respect of areas
resources.” This section of the Discussion Paper comprising 5 ha or less (other than for mining) the
analyses the current legislative provisions with approval is given by the Regional office of MoE&F. In
respect to their management, regulatory and respect of areas from 5 to 40 ha (other than mining)
accountability functions, and the extent to which the approval is accorded by a Regional Empowered
they incorporate the principle of subsidiarity within Committee of MoE&F. In respect of areas measuring
a federal context, and address issues of transparency 40 ha or more and all mining proposals, the advice
and reporting, and community and civil society of the Forest Advisory Committee in the MoE&F is
involvement. taken by the Central Government. The Rules provide
that the Forest Advisory Committee shall consist of
The Forest (Conservation) Act 1980 four senior officials of the Central Government and
three non-official experts.
FC Act 1980 flows from entry 17A of List III
(Concurrent List) of the Seventh Schedule. The MoE&F has also issued “Guidelines” from
time to time relating to eligibility for grant of approval
The main architecture of the Act is as follows: to different non-forest activities, including “general
the State Government can dereserve or put forest approvals” and “standard conditions”.
land to non-forest use only with the prior approval Judicial pronouncements on the FC Act
of the Central Government (Section 2)
an Advisory Committee is created in the Ministry In Writ Petition (Civil) 202 of 1995 titled T.N.
of Environment & Forest (MoE&F [now MoEFCC]) Godavarman Thirumulpad vs. Union of India &
to advise it on grant of clearance and also on matters Ors, on September 26, 2005, the Supreme Court
of conservation of forests (Section 3) made the following observation:
“Natural resources are the assets of entire nation.
It is the obligation of all concerned including
Union Government and State Governments to
conserve and not waste these resources. Article
48A of the Constitution of India requires the
State shall endeavour to protect and improve
the environment and to safeguard the forest and
wildlife of the country. Under Article 51A, it is the
duty of every citizen to protect and improve the
natural environment including forest, lakes, rivers
and wildlife and to have compassion for living
creatures.”
As an outcome of some proceedings during the case,
MoE&F had issued a notification on April 23, 2004,
6 OCTOBER 2017
