Draft Wetland Rules, 2016
On 31 March 2016, the Ministry of Environment, Forests and Climate Change (MoEFF & CC) has released the Wetland (Conservation and Management) Rules, 2016. The government has invited comments of all stakeholders by June 6, 2016. Once notified, the draft rules will supersede the 2010 Wetland Rules.
Background
There are over 27000 wetlands in India covering 18.4% of total area. Out of them, an overwhelming majority is of inland wetlands (23000) while few of them are coastal wetlands (4000). Around 70% of India’s wetlands are under paddy cultivation. Majority of wetlands in India are manmade.
There is no specific law for wetland conservation, management and use in India. The wetlands are covered under Environment (Protection) Act, 1986. Using the powers given by this act, the Central Government had issued the Wetlands (Conservation and Management) Rules, 2010. There was a need to update these rules. The recently released draft is a step in that direction.
Applicability
The rules are applicable to three types of wetlands as follows:
- Wetlands of international importance under Ramsar Convention. Currently, 26 wetlands {check schedule here} come in this category.
- Wetlands notified by State Governments located in respective states.
- Wetlands notified by the Central Government based in Union territories.
Restrictions on Activities in Wetlands
The wetland rules 2016 follow the “wise use” philosophy of the Ramsar Convention and accord emphasis on maintaining ecological character and integrity of wetlands in their conservation and use. Accordingly, the following activities have been prohibited in wetlands.
- Reclamation of wetlands and conversion for non-wetland uses;
- any diversion or impediment to natural water inflows and outflows of the wetland;
- any activity having or likely to have an adverse impact on ecological character of the wetland:
However, any of the above can be bypassed in exceptional cases with prior approval of the Central Government.
Wetland Authority in States
All the states are mandated to set up a State Level Wetland Authority for wetland conservation, regulation and management under the relevant State bye-laws. This authority will be consisting of Chief Minister or Minister in charge of environment and forests in state; chief secretary of the state and secretary in the departments of Forests, urban Development, Rural Development, Water Resources, Fisheries, Irrigation and Flood Control, Tourism and Revenue; and one expert in each of wetland ecology, hydrology, fisheries and socio-economics.
Wetland Authority in Union Territories
On the basis of proposals received from the Union Territory, the Central Government would constitute Wetland Authority for the concerned Union territory. This would be comprised of Administrator or Chief Secretary or the Minister in-charge of the Department of Environment and various secretaries and experts as in case of state authority.
Specific Wetland Authority
For the purpose of managing wetlands with multiple issues, the state / union territories can also establish a dedicated authority for a wetland.
Powers and Functions of Wetland Authority
The powers and functions of wetland authority include: preparing inventory of wetlands in their respective jurisdiction; preparing list of wetlands to be regulated under provisions of the rules; demarcation of the wetland boundaries and preparation of land use maps; preparing an account of existing rights and tenure; demarcating direct zone of influence of the wetland; notifying the wetlands to be regulated under these rules’ defining ecological character of the wetland; developing comprehensive list of activities to be regulated to ensure wise use of the site; developing integrated plans etc.
Notification of the wetlands
The state government / UT authority would prepare the report for each wetland identified for notification and then make recommendation to state government / UT administration for notifying them. State Government or Central Government (in the case of Union territory) shall, after considering the objections, if any, from the concerned and affected persons, notify the wetlands in the Official Gazette.
Wetlands within protected areas
Wetlands within the protected areas of the National Parks and Wildlife Sanctuaries shall be regulated by the provisions of Wildlife (Protection) Act, 1972 (35 of 1972) and the management plans for such wetlands will be prepared on wise use principles and applying guidelines for integrated management.
Critical Analysis of the Draft Wetland Rules
The above discussion makes it clear that the draft rules have put the onus of wetland protection upon the states. This move is in correct direction because a single template does not work for all wetlands in varied geography of India. The rules have detailed the mandate of the state / UT wetland authority rather lucidly and given adequate thoughts to existing tenurial rights, preparation of integrated wetland plans, protection and conservation etc. There is also major emphasis on identifying the wetlands through multi-mapping process.
However, the draft rules have drawn flak from environmentalists because they further dilute the law. Firstly, the new rules have omitted some of the wetlands that were protected in the 2010 rules. For example, the 2010 rules explicitly mentioned the wetlands located in the UNESCO World Heritage Sites including Western Ghats, high altitude wetlands etc. New rules don’t even mention them. Secondly, under the 2010 rules some activities were mentioned such as solid waste dumping, storing of hazardous waste, setting up of new industries, discharge of untreated water etc. The new rules don’t define these. Thirdly, in the prohibition of reclamation of wetlands, the draft rules mention that only those activities which are likely to have adverse impact on ecological character of the wetland would be prohibited. This is ambiguous and is subject to wrong interpretations.
