In news– The Ministry of Environment, Forest and Climate Change (MoEFCC) has recently notified Forest (Conservation) Rules, 2022 under sub-section (1) of section 4 of the Forest (Conservation) Act, 1980 and in supersession of the Forest (Conservation) Rules, 2003.
What are the key rules?
- Under these rules, the Ministry has directed the constitution of a project screening committee in each state/UT for an initial review proposals involving diversion of forest land.
- The committee will meet at least twice every month and will advise the state governments on projects in a time bound manner.
- The committee will examine every proposal received from state governments or administrations of Union Territories (UTs) without going into the merit of the proposal.
- Some of the things that the committee will review are whether the proposal is complete in all respects and its location with respect to restricted areas or categories.
- The notification added that the committee may call the user agency for any clarification or additional documents, if any.
- The new rules also prescribe the time frame of review for different kinds of projects.
- All non-mining projects between 5-40 hectares must be reviews within a period of 60 days and all such mining projects within 75 days.
- For projects involving a larger area, the committee gets some more time — 120 days for non-mining projects involving more than 100 hectares and 150 days for mining projects.
- The project screening committee will be headed by a nodal officer but will have district collector, conservator of forests who will advise on projects and will have to do the initial screening to save time.
- The rules provides for Constitution of Advisory Committee that would consists of 6 members including a chairman.
- It also provide for the establishment of Regional Empowered Committee at each of the Integrated Regional Offices.
- The other significant change introduced in the new rules is that all linear projects (roads, highways, etc), projects involving forest land up to 40 hectares and those that have projected a use of forest land having a canopy density up to 0.7 — irrespective of their extent for the purpose of survey — shall be examined in the Integrated Regional Office.
- The process has been decentralised, giving the responsibility of considering all linear and hydel projects to integrated regional offices but all mining projects will be appraised by the central office.
- The notification also shifts the onus of ensuring forest rights of forest dwellers are rehabilitated to state governments.
- So far, compliance with the forest rights act was mandatory before the Centre granted stage II forest clearance to any project, however, that has also changed.
- Centre has given the responsibility of settling forest rights and then allowing diversion of forest land to states.
- On compensatory afforestation the new rules stated that those applying for diverting forest land in a hilly or mountainous state with green cover over two-thirds it’s geographical area or in a state/UT with forest cover of over one-third the geographical area will be able to take up compensatory afforestation in other states/UTs where the cover is less than 20%.
Source: Hindustan Times