Insights
What is the forest (conservation) amendment bill, 2023 and why it matters
July 31, 2023The Forest (Conservation) Amendment Bill, 2023 passed by the Lok Sabha on 26 July 2023 seeks to amend the decades old Forest (Conservation) Act, 1980. The Bill seeks to address the challenges faced in the implementation of the 1980 statute in view of the Supreme Court’s order dated 12 December, 1996 in T.N. Godavarman Thirumalpad vs Union of India and Ors. and to make the 1980 Act address new challenges that have arisen post its enactment. The Bill acknowledges India’s international commitments and the national target set by the country for achieving Net Zero Emission by 2070 by maintaining and enhancing forest carbon stocks. It seeks to achieve India’s Nationally Determined Contribution target by creating a carbon sink of additional 2.5 to 3.0 billion tons of CO 2 equivalent by 2030 and has the vision of increasing the forest and tree cover to one-third of the land area.
The Bill provides that the 1980 Act shall cover the land that has been declared or notified as a forest in accordance with the provisions of the Indian Forest Act, 1927 or under any other law. It proposes that the 1980 Act shall also cover the land that has been recorded as forest on or after 25 October 1980 in the Government records such as the records 25 October 1980 in the Government records such as the records maintained by revenue department, forest department or any other authority, local body, community or council recognized by the State Government. The applicability of the 1980 Act has been exempted from the land which has been changed from forest use to non-forest use on or before 12 December 1996 in pursuance of orders passed by any authority authorized by the State Government.
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The Bill also proposes to exempt certain categories of land from the application of the 1980 Act. Forest land situated alongside a rail line or a public road maintained by the Government which provides access to a habitation, or to a rail and roadside amenity up to a maximum size of 0.10 hectare are exempted. Further, such tree, tree plantation or reafforestation raised on land which do not fall under the proposed definition of forest are also exempted from the application of the 1980 Act.
In order to address the national security concerns, the forest land which are situated within a distance of one hundred kilometres along international borders or line of control or line of actual control and are proposed to be used for construction of strategic linear project of national importance and national security are exempted. Further the forest land upto ten hectares which is proposed to be used for construction of security related infrastructure or forest land upto five hectares proposed to be used for construction of defence related project or a camp for paramilitary forces or public utility projects, in a Left Wing Extremism affected area are also exempted from the application of the 1980 Rules.
The list of activities which are exempted from the definition of ‘non- forest purpose’ has also been expanded to include silvicultural operations, establishment of zoo and safaris, eco-tourism facilities, or other such purposes which the Central Government may specify. It further exempts activities such as survey, reconnaissance, prospecting, investigation or exploration including seismic survey from the ambit of non-forest purposes. In addition, the Bill proposes an enabling provision granting the central government powers to issue directions to any authority under itself, or the state government or any organization, entity or body recognised by the central government or state government for implementation of the Act.
The amendments have provided the executive the discretion to deal with a fair number of contentious issues which have existed till date. While issues of national importance and national security are clearly important and cannot be compromised with, there are some genuine concerns as well. For example, providing a blanket exemption of forest land within hundred kilometres of the international borders may put the entire northeastern region outside the ambit of the 1980 Rules, risking the pristine forest to unrestricted land use changes. The problems such as lack of forest records and the resultant lack of clear demarcation of forest land which existed even after the enactment of 1980 Act prompted the Supreme Court to pass the Order dated 12 December 1996 wherein it introduced the concept of ‘deemed forest’. However, the removal of criteria of ‘deemed forest’ by limiting the scope of application of the 1980 Act, such protection has been lifted. Had the exercise of determination of the extent of all forest land existing in the country been carried out, the proposed amendment would have served its objectives. Any change in law will have its fair share of both appreciation and criticism. However, it will all depend on how these provisions are implemented to ensure that our forests are conserved and their sanctity respected.
This article was originally published in ET Energy World on 31 July 2023 Written by: Nawneet Vibhaw, Partner. Click here for original article
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This is intended for general information purposes only. The views and opinions expressed in this article are those of the author/authors and does not necessarily reflect the views of the firm.
