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Forest Conservation Act, 1980

The Forest (Conservation) Act, 1980 is a key environmental legislation in India that aims to conserve forests and wildlife.

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The Act was enacted to address concerns regarding the depletion of forest resources due to various developmental activities. The primary objective is to regulate diversion of forest land for non-forest purposes. Here are the key features of the Forest (Conservation) Act, 1980:

  1. Objective:
  • The main objective of the Act is to ensure the conservation of forests and wildlife by regulating and restricting the diversion of forest land for non-forest purposes.
  1. Diversion of Forest Land:
  • The Act prohibits the diversion of forest land for non-forest purposes without the prior approval of the central government. Non-forest purposes include activities like mining, industry, infrastructure development, and other projects.
  1. Central Government’s Authority:
  • The central government, represented by the Ministry of Environment, Forest and Climate Change (MoEFCC), has the authority to grant approval for the diversion of forest land. State governments seeking such approvals must obtain clearance from the central government.
  1. Advisory Committee:
  • The Act establishes an Advisory Committee, chaired by the Inspector General of Forests, to provide recommendations and advice to the central government regarding proposals for the diversion of forest land.
  1. Approval Procedure:
  • Proposals for diversion of forest land are submitted to the central government, which evaluates them based on environmental considerations, the impact on wildlife, and the availability of non-forest land for compensatory afforestation. The central government may either approve, reject, or suggest modifications to the proposal.
  1. Compensatory Afforestation:
  • The Act emphasizes compensatory afforestation as a means to mitigate the ecological impact of forest land diversion. If forest land is diverted, the user agency is typically required to undertake afforestation on an equivalent area of non-forest land.
  1. National Forest Policy Compliance:
  • The Act aligns with the National Forest Policy of India, which emphasizes the need to maintain one-third of the total land area under forest cover and encourages sustainable forest management.
  1. Penalties:
  • The Act includes provisions for penalties in case of violations. Unauthorized diversion of forest land without prior approval can lead to penalties, including fines and imprisonment.
  1. Public Participation:
  • While the Act does not explicitly mandate public participation, the principles of transparency and public awareness are integral to the environmental clearance process. Public consultation may be sought during the evaluation of proposals, especially when they have potential environmental and social impacts.
  1. Amendments:
    • The Forest (Conservation) Act has undergone amendments over the years to address emerging environmental concerns. Amendments have been made to strengthen forest conservation efforts and streamline approval processes.

The Forest (Conservation) Act, 1980, plays a crucial role in ensuring that the country’s forest resources are conserved and managed sustainably. It seeks to balance the need for development with the imperative of protecting and preserving the country’s rich biodiversity and ecosystem services provided by forests.