The nba is autonomous body and that performs facilitative, regulatory and advisory function for government of india on issue of conservation, sustainable use of biological resource and fair equitable sharing of benefits of use. It is also a testimony of nepals continued commitment. National biodiversity authority 14 chapter vi state biodiversity board 17 chapter vii finance, accounts and audit of. Biodiversity encompasses the variety of all life on earth. The act envisaged a threetier structure to regulate the access to biological resources. Amendment of section 1 of act 107 of 1998, as amended by section 1 of act 56 of 2002, section 1 of act 46 of 2003, section 1 of act 8 of 2004, section 60 of act 39 of 2004 and section 1 of national environment laws amendment act, 2008, and section 1 of national environmental management amendment act, 2008 4. Objectives the biological diversity act 2002 is a law meant to achieve three main objectives. Pdf indias biodiversity act 2002 and its role in conservation. Feb 22, 2017 statutory provisions and regulations issued under bd act, 2002. What are the implementation structures of biodiversity act 2002 the act and the rules are implemented in india through a decentralized system. A foreign national or a foreign company needs to take the permission from the nba for. National biodiversity authority nba at the central level. Chairperson means the chairperson of the national biodiversity.
The biological diversity act, 2002 article legal articles. Dec 09, 2016 the biological diversity act 2002 aims at preserving biological diversity in india. It seeks to set up biodiversity management committees bmcs at the local level in every state under section 41 of the act. An overview on biological diversity act 2002 prof s. Nema national environmental management act amendment no 56 of 2002 g24251 pdf download 2001 national parks amendment act, no. This act provides for establishment of statutory bodies such as national biodiversity authority, state biodiversity boards, national and state. National biodiversity authority, obtain any biological resource occurring in. Main provisions of the biological diversity act, 2002 and biological diversity rules, 2004 1. Abs india, biological diversity act, 2002 progress till 2008. The biodiversity act 2002 makes biological resources in india available for commercial purpose.
Biological diversity act, 2002 bare acts law library. Approval by national biodiversity authority for undertaking certain activities. National biodiversity authority, an appeal was made to declare section 40 of the biological diversity act, 2002 illegal and unconstitutional as serious prejudice was likely to be caused which could cause jeopardy to the national interest and biodiversity of certain species. We want to highlight the importance of comprehensive biodiversity legislation and we challenge legislators to work towards introducing comprehensive biodiversity legislation in. National environmental management act protected areas act no 57 of 2003 g26025 pdf download.
It is an autonomous and statutory body for advisory and regulatory functions under government for conservation, sustainable use of resources and sharing of resources. Fastracking of approvals for covid19 research download. The act envisages a threetier structure to regulate the access to biological resources, comprising of. The biodiversity act 2002 primarily addresses issues of conservation, sustainable. The biological diversity act 2002 the biological diversity act 2002 is a law meant to achieve three main objectives.
An act to provide for conservation of biological diversity, sustainable use of its components and. Short title this act may be cited as the basic education act, 20. National environmental laws amendment act 14 of 2009. A portion of the significant elements of these specialists are.
Republic of kenya convention on biological diversity. Central government act 2 the persons who shall be required to take the approval of the national biodiversity authority under subsection 1 are the following, namely. Kannaiyan chairman, national biodiversity authority, neelangarai, chennai 600 041. Section 37 of the act empowers the state governments to notify in consultation with local bodies, areas of biodiversity importance as biodiversity heritage sites under the act. The structures of biodiversity act 2002 national biodiversity authority nba. Biodiversity act 2002 president signature 5th feb 2003 enforcement 15th april 2004 1the biodiversity act 2002892015 2.
A foreign national or a foreign company needs to take the permission from the nba for utilizing the biological resources or accessing the knowledge thereof, for a survey, research, and commercial purposes. Traditional knowledge to any third party without the authorization of the competent authority. At the local level, the biodiversity management committees bmcs are to be established by. Biological diversity act, 2002 page 1 bare acts in. The biological diversity act 2002 mandates implementation of the act through. Overview of biological diversity act, 2002 ipleaders. Create pdf files without this message by purchasing novapdf printer. An act to provide for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources. Wildlife conservation cannot be restricted to national parks and sanctuaries. If you have any questions, or need the bot to ignore the links, or the page altogether, please visit this simple faq for additional information.
The national biodiversity authority nba was established in 2003 to implement indias biological diversity act 2002. The biological diversity act, 2002 and the biological diversity rules of 2004 are executed by nba national biodiversity authority at the national level, sbb state biological board at state level and bmas biodiversity management committees at neighborhood levels. Part 11 incorporation of companies and matters incidental thereto chapter i the companys memorandum and articles memorandum of association 3. National biodiversity framework threatened or protected species list of critically endangered, endangered, vulnerable and protected species 23 february 2007 to be read with an amendment to the list published on 14 december 2007 and a further amendment published on 3 june 2020. There is also no detailing in the law of free prior informed consent of. Nema national environmental management act biodiversity act no 10 of 2004 g26436.
It sets up national biodiversity authority nba, state biodiversity board sbb and biodiversity management committees. A unique repository of information on indias biodiversity. A three tiered structure has been established under the act at the national, state and local levels. Thereafter, 12 national biodiversity targets developed in line with the 20 global aichi targets were incorporated in the addendum 2014 to nbap 2008. I have just modified 2 external links on biological diversity act, 2002. Parthsarathy submitted by punam singh 09808002 m phil planning and development department of humanities and social sciences iit bombay emergence of biodiversity act the dependence of human beings on biological diversity is beyond challenge, as evident in everyday life. Biological diversity act, 2002 page 1 bare acts in india. May 17, 2017 biological diversity act, 2002 the government passed the biodiversity act to conserve and promote sustainable use of biological diversity and to regulate the access to biological resources of the country with equitable share in benefits.
To give effect to this convention, on february 5, 2003, the biological diversity act, 2002 the bd act was introduced. Biodiversity the variability among living organisms from all sources and the biological complexes of which they are part, and include diversity within species or between species and of ecosystem. Critical analysis of the biological diversity act, 2002. The act was enacted to meet the obligations under the convention on biological diversity cbd, because india is a party of the. Dec 24, 2019 the dg, csir has approved that henceforth the filing of formiii applications under section 6 of the biodiversity act, 2002 with the nba, in lieu of the ipr applications requiring permission from the nba shall be done by the respective labs. Biodiversity act, 2004 english text signed by the president.
The portal aims to aggregate data through public participation and provide open and free access to biodiversity information. Interpretation in this act, unless the context otherwise requires. National governments are urged to take strong action to safeguard the highest standards for the conservation and sustainable use of biodiversity. Indian citizens within the country, free access to. Institute means the south african national biodiversity institute established in terms of section 10. Areas outside the protected area network are often vital ecological corridor links and must be protected to prevent isolation of fragments of biodiversity, which will not survive in the long run. Indias biological diversity act, 2002 hereafter bd act draws its mandate are. The biological diversity act, 2002 is an act enacted by the parliament of india for the preservation of biological diversity in india, and provides mechanism for equitable sharing of benefits arising out of the use of traditional biological resources and knowledge. Nov 29, 2017 provisions of the biodiversity act, 2002 6. The legislative intent of the act is to provide for the conservation. Beware of the indian biological diversity act, 2002 lexology. The national biodiversity authority nba is a statutory autonomous body under the ministry of environment, forests and climate change, government of india established in 2003 to implement the provisions under the biological diversity act, 2002, after india signed convention on biological diversity. This paper analyses convention on biological diversity, national biodiversity act, 2002, lacunae in. Prohibition on transfer of indian genetic material outside the country, without specific approval of the indian government.
Words in bold type in square brackets indicate omissions from. Nema south africa national environmental management act. Nov 14, 2016 this article is an attempt to educate the reader regarding the statutory compliances under the indian biological diversity act, 2002 act, and to provide concise advice in order to avoid. Indias biodiversity act 2002 and its role in conservation. This national biodiversity strategy and action plan nbsap is a key milestone in the conservation history of nepal, following the biodiversity profiles of nepal 1996 and nepal biodiversity strategy 2002. Comprehensive biodiversity legislation at the national level are indispensable to reaching global. Act to provide for an integrated and coordinated disaster management policy that focuses on preventing or reducing the risk of disasters, mitigating the severity of disasters, emergency preparedness, rapid and effective. The national biodiversity authority nba was set up under the act to. In a bid to wider the net on imposing benefit sharing levy on corporate houses that use locally available bioresources, the madhya pradesh government is still considering finer points of state biodiversity act, 2002. Pdf biodiversity act 2002 a critical analysi researchgate. Part iiownership, use and management of water resources 5ownership of resources.
The applicant shall not transfer the resources accessed or associated. Law of the land the biodiversity act, 2002 youtube. Download biological diversity act pdf notes for free. Pdf this paper summarizes the main features of indias biological diversity act 2002 bd act and its role in biodiversity conservation in the. India is one of the 17mega diverse countries of the world. Results of research not to be transferred to certain persons without approval of national biodiversity authority. For effective implementation of the biological diversity act notifications guidelines are. An act to provide for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto. The water act, 2016 arrangement of sections part ipreliminary section 1 short title and commencement. Nema national environmental management act amendment no 56. Biological diversity act, 2002 faolex database food and. Amendment of section 1 of act 107 of 1998, as amended by section 1 of act 56 of 2002, section 1 of act 46 of 2003, section 1 of act 8 of 2004, section.
Ngt and implementation of biodiversity act 2002 upsc. Biodiversity conservation needs to be a priority on the global and national environmental and development agendas. Apr 05, 2018 the act provides for the management and conservation of south africas biodiversity within the framework of the national environmental management act, 1998. The national biodiversity authority nba is a statutory autonomous body. Party transfer of bioresources were received regularly and approved by the national biodiversity authority in accordance with the bd act. Icse environmental studies class 10 pdf free download college.
Developments in biodiversity act,2002 legal service india. Biodiversity act 2002 india environment portal news. The biological diversity act, 2002 127 chapter i preliminary 2 chapter ii regulation of access to biological diversity 3 chapter iii national biodiversity authority 6 chapter iv functions and powers of the national biodiversity authority 9 chapter v approval by the national biodiversity authority 10 chapter vi state biodiversity board 12. Icse environmental studies class 10 pdf free download. It introduces a three tier legal framework to carry out the. Collaborative research project national repositories etc. Implementation of biological diversity act in india regional centre. Pdf solving the problem of environmental threats and a dwindling biodiversity. State biodiversity boards sbb has been created in 28 states along with 31,574 biological management committees for each local body across india. The biological diversity act, 2002legislative department ministry. Act to provide for an integrated and coordinated disaster management policy that focuses on preventing or reducing the risk of disasters, mitigating the severity of.
It wanted to draw the attention of authorities towards public. The act provides mechanism for equitable sharing of benefits arising out of the use of traditional biological resources and knowledge. At the national level, the national biodiversity authority nba is established to deal. The biological diversity act, 2002 law times journal. The biological diversity act, 2002 was passed by the parliament of india to protect biodiversity and facilitate the sustainable management of biological resources with the local communities. Wild life protection act, forest conservation act, forest. Biological diversity act 2002 national biodiversity authority. The main objective behind enacting the bd act was to conserve indian biological diversity, regulate access to indian biological resources, ensure equitable benefit sharing arising from the utilization of those resources, and establish various governing bodies such as the national biodiversity authority nba at the national level. Its key provisions aimed at achieving the above are.
Environment biological diversity act 2002 neostencil. Exemption to local people and communities of the area for free access to use. Biological diversity act, 2002 page 1 bare acts in india statutes and laws free download bare acts and case laws in india have been extensively discussed here, the laws pass by the parliament and its implementation in the courts are commonly discussed here in length. Years of the biological diversity act in india wwf. It was created in 2003 under the biodiversity act 2002. No person shall, without the previous approval of the national biodiversity authority, transfer the results of any research relating to any biological resources occurring in, or obtained from india for monetary consideration or otherwise to any person who is not a citizen of. Soil oil extraction case in bhopal, madhya pradesh section 7 and 57 biodiversity act, 2002. Various india acts related to biodiversity conservation. Cii recommendations on issues associated with biodiversity.
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