โ๏ธ Chapter 08 ยท Topic 03 ยท Environmental Laws
Forest Conservation Act, 1980
Diversion of forest land, central government approval, compensatory afforestation, CAMPA, Forest Rights Act 2006, 2023 amendment (Van Sanrakshan Evam Janjeev Suraksha Adhiniyam) โ complete UPSC & PSC notes.
๐ Background & Purpose
- The Forest Conservation Act (FCA), 1980 was enacted to check rapid deforestation caused by diversion of forest land for non-forest purposes
- Before FCA 1980, state governments could divert forest land without central approval โ leading to massive deforestation
- FCA 1980 made it mandatory to obtain prior approval of the Central Government before diverting any forest land for non-forest use
- Came into force: 25 October 1980
- Administered by MoEFCC; Forest Advisory Committee (FAC) advises on forest clearances
- Amended in 1988; significantly amended by the Van Sanrakshan Evam Janjeev Suraksha Adhiniyam, 2023
๐ณ Key Provisions of FCA 1980
- Section 2 โ No state government or other authority shall make, except with prior approval of Central Government, any order directing:
- That any reserved forest shall cease to be reserved
- That any forest land or any portion thereof may be used for any non-forest purpose
- That any forest land may be assigned by way of lease or otherwise to any private person or corporation
- That any forest land may be cleared of trees for the purpose of reafforestation
- Non-forest purpose = breaking up or clearing of any forest land for cultivation of any crop other than tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops, or medicinal plants; or for any purpose other than reafforestation
- Penalty: imprisonment up to 15 days for violation
โญ Forest Clearance Process: Project proponent applies to State Government โ State Government forwards to MoEFCC โ Forest Advisory Committee (FAC) examines โ In-principle approval (Stage I) โ State compliance (compensatory afforestation, NPV payment) โ Final approval (Stage II) โ Diversion permitted. The process ensures that forest diversion is a last resort and is compensated.
๐ฑ Compensatory Afforestation
- When forest land is diverted, the project proponent must carry out compensatory afforestation on equivalent non-forest land (or double the area of degraded forest land)
- The project proponent must also pay Net Present Value (NPV) of the forest โ the economic value of ecosystem services lost
- NPV ranges from โน4.38 lakh to โน10.43 lakh per hectare depending on forest type and density
- CAMPA = Compensatory Afforestation Fund Management and Planning Authority
- CAMPA Act 2016 โ established a national fund and state funds for compensatory afforestation; funds collected from project proponents are used for afforestation and forest management
- As of 2023, CAMPA funds exceed โน60,000 crore โ but utilisation has been slow
๐ Forest Rights Act, 2006
- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 โ commonly called the Forest Rights Act (FRA)
- Recognises the rights of forest-dwelling communities (Scheduled Tribes and Other Traditional Forest Dwellers) over forest land and resources
- Types of rights recognised:
- Individual rights โ right to cultivate forest land occupied before 13 December 2005
- Community rights โ right to use community forest resources (grazing, fishing, collection of minor forest produce)
- Community forest resource rights โ right to protect, regenerate, and manage community forest resources
- FRA requires gram sabha consent before forest land can be diverted for development projects
- Administered by Ministry of Tribal Affairs
๐ Van Sanrakshan Evam Janjeev Suraksha Adhiniyam, 2023: The Forest (Conservation) Amendment Act, 2023 renamed the FCA 1980 and made significant changes: (1) Exempted certain categories of land from FCA provisions (land within 100 km of international borders for security projects; land up to 10 hectares for security infrastructure; land for zoos and safaris). (2) Allowed forest land to be used for eco-tourism, silviculture, and reconnaissance surveys without prior approval. Critics argue it weakens forest protection; supporters say it streamlines development.
โ Revision Checklist โ FCA 1980
โ
FCA 1980 = prior Central Government approval required for forest land diversion
โ Came into force = 25 October 1980
โ Section 2 = no state can divert forest land without Central Govt approval
โ Penalty = imprisonment up to 15 days
โ Compensatory afforestation = equivalent non-forest land + NPV payment
โ NPV = Net Present Value = economic value of ecosystem services lost
โ CAMPA = Compensatory Afforestation Fund = CAMPA Act 2016
โ Forest Rights Act 2006 = recognises rights of forest-dwelling communities
โ FRA = individual rights + community rights + community forest resource rights
โ FRA requires gram sabha consent for forest diversion
โ Van Sanrakshan Act 2023 = renamed FCA; exempted border areas, security projects
โ Forest Advisory Committee (FAC) = advises MoEFCC on forest clearances
โ Came into force = 25 October 1980
โ Section 2 = no state can divert forest land without Central Govt approval
โ Penalty = imprisonment up to 15 days
โ Compensatory afforestation = equivalent non-forest land + NPV payment
โ NPV = Net Present Value = economic value of ecosystem services lost
โ CAMPA = Compensatory Afforestation Fund = CAMPA Act 2016
โ Forest Rights Act 2006 = recognises rights of forest-dwelling communities
โ FRA = individual rights + community rights + community forest resource rights
โ FRA requires gram sabha consent for forest diversion
โ Van Sanrakshan Act 2023 = renamed FCA; exempted border areas, security projects
โ Forest Advisory Committee (FAC) = advises MoEFCC on forest clearances