Union Minister for Environment, Forest and Climate Change Shri Bhupender Yadav today moved the Forest (Conservation) Amendment Bill 2023 as reported by the Joint Committee of Parliament to be taken into consideration in Lok Sabha and subsequently requested the House to get the Bill passed. After deliberations and taking the views of Members of Parliaments, the Lok Sabha passed the Bill.
The Forest (Conservation) Act, 1980, is an important Central statute for the conservation of forests in the country. It provides that the de-reservation of reserved forests, use of forest land for non-forest purpose, assigning forest land by way of lease or otherwise to private entity and clearing of naturally grown trees for the purpose of reafforestation requires prior permission of the Central Government.
After Independence, vast areas of forest land were designated as reserved and protected forests.However, many forested areas were left out, and areas without any standing forests were included in ‘forest’ lands.In Godavarman case, 1996, the Supreme Court suspended the felling of trees across the country, and ruled that the FC Act would apply to all land parcels that were either recorded as ‘forest’ or resembled the dictionary meaning of forest.In June 2022, the government amended the Forest Conservation Rules to propose a mechanism to allow developers to raise plantations “over land on which the (FC) Act is not applicable” and to swap such plots against subsequent requirements of compensatory afforestation.
Key Provisions of the Forest (Conservation) Amendment Bill 2023
Scope of the Act
- The Bill broadens the scope of the Act by inserting a Preamble.
- The Act’s name was changed to Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 to reflect the potential of its provisions.
Applicability on Various Lands
- The Act, which was initially applied to notified forest land, was later extended to revenue forest land and lands recorded as forest in government records.
- The amendments seek to streamline the application of the Act to recorded forest lands, private forest lands, plantations, etc.
Exemptions
- The Bill proposes certain exemptions to encourage afforestation and plantation outside forests.
- 0.10 ha of forest land has been proposed to provide connectivity for habitation and establishments located on the side of roads and railways, up to 10 ha of land proposed for security related infrastructure and up to 5 ha of forest land in Left Wing Extremism Affected Districts for public utility projects.
- These exemptions include strategic projects related to national security within 100 km of the International Borders, Line of Actual Control (LAC), Line of Control (LoC) etc.
Provisions for Development
- The Bill extends existing provisions of the Principal Act relating to assignment of forest land, on lease to private entities, to Government companies as well.
- This will facilitate development projects and ensure uniformity in the implementation of the Act.
New Forestry Activities
- The amendments add new activities such as infrastructure for frontline forest staff, ecotourism, zoo, and safari into the array of forestry activities for the conservation of forests. Surveys and investigations in forest areas will not be considered non-forestry activities.
Climate Change Mitigation and Conservation
- It aims to ensure that such areas contribute to India’s efforts in combating climate change by being recognized as part of its forest conservation efforts and contribute to India’s international commitments like Net Zero Emission by 2070
Empowering Local Communities
- The Bill encourages activities like establishment of zoos, safaris, and ecotourism, which will be owned by the government and set up in approved plans outside Protected Areas.
- These activities not only raise awareness about forest conservation and wildlife protection but also create livelihood opportunities for local communities, integrating them with overall development.