Wetland protection rules

The Union environment ministry has proposed to overhaul the regulations which identify and protect wetlands under the Environment Protection Act (EPA).

The Environment Ministry has made the following proposals:

• The time-bound process set under the regulations of 2010 should be done away with, along with the existing central authority, leaving it almost entirely in the hands of state governments.
• A state-level authority should be constituted to identify the wetlands. It will be headed by the chief minister and includes the chief secretary and other state officials, with four experts on board, who can also be from the government. The recommendations of this CM-headed authority are to be then sent to the state government for approval or rejection. The Centre will only be informed of the decision by the state. Only the 26 Ramsar wetland sites will get automatic protection.
• Wetlands would be put to ‘wise use for maintaining ecological character, achieved through implementation of eco-system approaches, within the context of sustainable development’. These terms have not been strictly defined in law and are only conceptually explained in the regulations.
• Do away with the elaborate list of activities that are prohibited or restricted. But, prohibit reclamation of wetlands, conversion to non-wetlands, diversion or impediment of inflows and outflows from the wetland and ‘any activity having or likely to have adverse impact on ecological character of the wetland’. However, the rules then give the Centre powers to allow these activities as well. The need for the environmental impact assessment before permitting such activities is also to be done away with.
• Also, appeals against the decisions of the central wetlands authority with the NGT are not allowed. But, aggrieved entities can file cases against violations of these rules.

Background:

The 2010 regulations created a central authority of government officers and experts to oversee the protection of wetlands. It gave a fixed time for states to identify and demarcate wetlands and the Centre again a fixed time period to notify and protect these, as is now done for environmental and forest clearances.

• The process of identifying and demarcating the wetlands included recommendations and advice of scientific experts at state levels. Some wetlands falling in high altitudes and ecologically sensitive areas, beside the 26 Ramsar Convention sites, were to be automatically given protection.
• The 2010 regulations prohibited seven types of activities in wetlands, such as reclamation and setting up of new or expansion of existing industries. It required prior state government permission be sought for an array of other activities impacting wetlands. And, that the permission be given following an environmental impact assessment as required under the EPA.
• Also, the central government held the power of permitting any activity on the recommendation of the central wetlands authority, which had four independent experts on board.
• The earlier regulations allowed appeals against the decisions of the central wetlands authority with the NGT.