FCA Ammendment

Forest Conservation Act,1980:

About: It has been applicable since 1980 for the conservation of forests.

Provisions:

Restriction on the de-reservation of forests or use of forest land for non-forest purpose by any authority(state government or otherwise) except after the prior approval of the Central Government.

• NOTE-“non-forest purpose” means the breaking up or clearing of any forest land or portion thereof for any purpose other than re-afforestation.

Constitution of Advisory Committee by the Central Government to advise that Government with regard to the grant of approval for above mentioned provision or for any other matter connected with the conservation of forests which may be referred to it by the Central Government.

The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

• Every rule made under this Act shall be laid before each House of Parliament.

Proposed  Amendments to the FCA,1980:

i). All land acquired by the Railways and Roads Ministries prior to 1980 to be exempted from the Act.

• These lands had been acquired for expansion, but subsequently, forests have grown in these areas, and the government is no longer able to use the land for expansion.
• If the amendment is brought in, these Ministries will no longer need clearance for their projects, nor pay compensatory levies.

ii). Allowing the construction of structure for individuals: For individuals whose lands fall within a state-specific Private Forests Act or come within the dictionary meaning of forest as specified in the 1996 Supreme Court order

• The government has proposed to allow construction of structures for bonafide purposes, including residential units up to 250 sq m as a one-time relaxation.

iii). Exemption to defence structures near international borders from forest clearance.

iv). Oil and natural gas extraction from forested lands will be permitted, but only if technologies such as Extended Reach Drilling are used.

v). Imposition of compensatory levies: Currently, the compensatory levies are imposed at the time of assignment as well as renewal of lease of land.

• Changes proposed doing away with double imposition of any levy, by not charging at the time of renewal.

vi). Protected forest and plantations along linear projects like highways and railways that currently require prior central government permission can be used by NHAI or the ministry of railways without forest clearance.

vii). Central government will have powers to initiate criminal proceedings against violations. This includes even the state governments, which the Centre can penalize.