THE BIOLOGICAL DIVERSITY ACT, 2002 No. 18 OF (5th FEBRUARY, 2003)

Transcription

1 THE BIOLOGICAL DIVERSITY ACT, 2002 No. 18 OF 2003 (5th FEBRUARY, 2003) WITH UP-TO-DATE RULES INCLUDING CONVENTION ON BIOLOGICAL DIVERSITY & BLODIVERSITY CONSERVATION IN INDIA AN UPDATE 2005 NATRAJ PUBLISHERS DEHRADUN

2 CONTENTS THE BIOLOGICAL DIVERSITY ACT, 2002 PRELIMINARY.2 1. Short title, extent and commencement 2 2. Deflnitions...2 REGULATION OF ACCESS TO BIOLOGICAL DIVERSITY 4 3. Certaln persons not to undertake Biodiversity related activities withoutapproval of National BiodiversityAuthority...,,...,..., f Results of research not to be transferred to certairi persons without approval of ' " National BiodiversityAuthority 4 5. Sections 3 and 4 not to apply to certaln collaborative research projects Application for intellectual property rights not to be made without approval of National Biodiversity Authority Prior intimation to State Biodiversity Board for obtaining biological resource for certain purposes,,,..5 NATIONAL BIODIVERSITY AUTHORITY Establishment of National Biodiversity Authority..,...,,..,,, Conditions ofserviceofchairperson and members."...!".v."'..."."..'...,..', Chalrperson to be Chief Executive of National Biodiversity Authority...:.".;'..: 7 1 l.removalof members Meetings of National Biodiversity Authority Committees of National Biodiversity Authority 8 14,Offlcersand emplpyeesofnational BiodiversityAuthority Authentication of Orders and dedslons of National Biodiversity Authority Delegation ofpowers Expenses of National Biodiversity Authority to bedefrayed out ofthe Consolidated Fund oflndia 9 FUNCTIONS AND POWERS OFTHE NATIONAL BIODIVERSITY AUTHORITY Functionsand powersof National BiodiversityAuthority 10 APPROVAL BY THE NATIONAL BIODIVERSITY AUTHORITY Approval by National Biodiversity Authority for undertaklng certain activities Transferof biological resource or knowledge Determination of equltable benefit sharing by National Biodiversity Authority STATE BIODIVERSITY BOARD Establishment of State Biodiversity Board Functionsof State Biodiversity Board Power of State Biodiversity Board to restrict certain activities violating the objectives of conservation etc Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board 14

3 FINANCE, ACCOUNTS AND AUDIT OF NATIONAL BIODIVERSITY AUTHORTTY Grants or loans by the Central Government 15 ~27. (Konstitution of National Biodiversity Fund Annualreportof National Biodiversity Authority Budget, accounts and audit 15 3O.Ännual Report to be laid before Parliament 16 FINANCE, ACCOUNTS AND AUDIT OF STATE BIODIVERSITY BOARD Grants of money by State Government to State Biodiversity Board Constitution of State Biodiversity Fund Annual report of State Biodiversity Board Audit of accounts of State Biodiversity Board Annual Report of State Biodiversity Board to be laid before State Legislature DUTIES OF THE CENTRAL AND THE STATE GOVERNMENTS Central Government to develop National strategies, plans, etc., forconservation, etc., of biological diversity Biodiversity heritage Sites Power of Central Government to notify threatened species Power of Central Government to designate repositories Power of Central Government to exempt certain biological resources 19 BIODIVERSITY MANAGEMENT COMMITTEES ; 20 4 l.constitutionof Biodiversity Management Committees 20 LOCAL BIODIVERSITY FUND Grants to Local Biodiversity Fund Constitutbn of Local Biodiversity Fund Application of Local Biodiversity Fund Annual report of Biodiversity Management Committees Audit of accounts of Biodiversity Management Committees Annual report, etc., of the Biodiversity Management Committee to be submitted todistrict Magistrate. 22 M1SCELLANEOUS National Biodiversity Authority to be bound by the directions given by Central Government Power of State Government togive directions SettIementofdisputes between State Biodiversity Boards Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed to be public servants Appeal Executionofdeterminatlonor order Protection of action taken in good feüth Penalües, Penalty for contravention of directions or ordere of Central Government, State Government, National Biodiversity Authority and State Biodiversity Boards Offiencesbycompanies! Offences to be cognizable and non-bailable 26

4 59. Act to have effect in addition to other Acts Power of Central Government to give directions to State Government 26 öl.cognizanceofoffences Power of Central Government tomakerules Power of State Government tomakerules Power to make regulations Power to remove difficulties 29 NATIONAL BIODIVERSITY AUTHORITY (SALARY, ALLOWANCES AND COND1TIONS OF SERVICES OF CHA1RPERSON AND OTHER MEMBERS) RULES NOTIFICATION DATED IST OCTOBER, 2003 vftfes.o. NO (E) 32 NOTIFICATION DATED IST OCTOBER, 2003 vldes.o. NO (E) 33 BIOLOGICAL DIVERSITY RULES, Short title and commencement Definitions Manner of selection and appointment of the Chalrperson Term of Office of the Chairperson Pay and Allowances of Chairperson Term of Office and Allowances of non-offkial Members Filling up ofvacandes ofnon-offidal members Removal of the members of the Authority...,37 9. Secretaryof the Authority Meetings of the Authority Appointment of Expert Committee by the Authority and their entitlements General functionsof the Authority Powers and duties of Chairperson Procedure for access to biological resources and associated traditional knowledge Revocationof access or approval Restriction on actfvities related to access to biological resources Procedure for seeklng approval for transferring resultsof research Procedure for seeking prior approval before applying for intellectual property protection Procedure for third party transfer under Sub-section (2) of Sectlon O.Criteria for equitable benefit Sharing (Section 21) Application of National Biodiversity Fund Constitution of Biodiversity Management Committees Appeal for settlement of disputes under Sectlon Manner of giving notice under Sectlon NOTinCATION DATED 15TH APRIL, 2004 vftfes.o. NO. 497 (E)....49

5 CONVENTION ON BIOLOGICAL DIVERSITY PREAMBLE...60 The Contracting Parties 60 Ärtide 1. Öbjectives...61 Article2. UseofTerms...62 Article 3. Principle...63 Artide4. Jurisdictional Scope 63 Article 5. Cooperation 63 Artide 6. General Measures for Conservation and SustainableUse Article 7. Identification and Monitoring,..64 Artide8. In-situConservation...,,...64 Article 9. Ex-situConservation...65 Article i 0. Sustainable Use of Components of Biological Diversity..,.,,...,...,. 66 Article 11. Incentive Measures...66 Article 12. Research and Training 66 Article 13. Public Education and Awareness 67 Artide 14. impactassessmentandminimizing Adverse Impacts 67 Article 15. Access to Genetic Resources 68 Article 16. Access to and Transfer of Technology 69 Article 17. Exchange of Information 69 Article 18. Technical and Scientific Cooperation 70 Article 19. Handling of Biotechnology and Distribution of its Benefits 70 Article 20. Financial Resources 71 Article 21. Financial Mechanism 72 Article 22. Relationship with Other International Conventions 73 Artide 23. Conference of the Parties 73 Article 24. Secretariat 75 Article 25. Subsidiary Body on Scientific, Technical and Technological Advice 75 Artide 26. Reports 76 Article 27. Settlementof Disputes Article 28. Adoption ofprotocois 76 Article 29. Amendmentof the Convention orprotocois,...77 Article 30. Adoption and Amendmentof Annexes 77 Article 31. Right to Vote 78 Artide 32. Relationship between this Convention and Its Protocols 78 Article 33. Venue :.. 78 Artide 34. Ratification, Acceptance or Approva! 79 Article 35. Accession 79 Article 36. Entry Into Force.'. 79 Article 37. Reservations,..,.,..., Artide 38. Withdrawals...'. ' 80 Article 39. Finandal Interim Arrangements 80 Article 40. Secretariat Interim Arrangements 80 Article 4 l.depositary 81 Artide 42. AuthenticTexts 81

6 IDENTIFICATION AND MONITORING 82 ARBITRATION 83 Article 1 83 Artide2 83 Artide3 83 Artide4 83 Artide5 84 Artideö 84 Article 7 84 Artide8..., 84 Article 9 84 Article Artide Article Article 13...;. 84 Artide 14...:..: :.^a.85 Artide Article Article CONCILIATION «. 85 Article 1 85 Artide 2 85 Artide3 85 Artide4 86 Artide5 : 86 Article SIGNATORIES OF THE CONVENTION ON BIOLOGICAL DIVERSITY AT THE TIME OF THE UNITED NATIONS CONFERENCE ON ENVIRONMENT AND DEVELOPMENT (RIO DE ANFJRO, 3-14 JUNE 1992) DECISIONS ADOfTED BY THE CONFERENCE Of THE PARTIES TO THE CONVENTION ON BIOLOGICAL DTVERSTTY AT ITS SEVENTH MEETING 92 DETAILS OF THE DECISIONS THAT ARE OF SPECIAL SIGNIFICANCE TO 1NDIA DECISION : VII/19 ACCESS AND BENEFIT-SHARING AS RELATED TO GENETIC RESOURCES (ARTICLE 15) A. Bonn Guidelines on Access to Geneäc Resouroes and Fair and Equitable Sharing ofbenefits Arlsing out of their Utilbtation 95 B. Useofterms.definitionsand/orglossary.asappropriate 95 C. Other approaches, as set out in dedsion VI/24 B 96 D. International regimeon access togenetic resources and benefit-sharing.97 TERMS OF REFERENCE FOR THE /4rf*bcOPEN-ENDED WORK1NG GROUP ON ACCESS AND BENEFIT-SHARING 100 A. Process 100 B. Nature 101

7 C. Scope 101 D. Elements 101 E. Measures, induding consideration of their feasibiiity, practicality and costs, to support compliance with prior informed consent of the Contracting Party providing genetic resources and mutually agreed terms on which access was granted in Contracting Parties with users of such resources under their jurisdiction 104 F. Needs for capadty-building identified by countries to implement the Guidelines 108 ACTION PLAN ON CAPACnY-BUILDING FOR ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING 110 A. Objective of the Action Plan 110 B. Key areas requiring capacity-building 110 C. Mechanisms for the implementation of capacity-building In key areas D. Coordination 114 POSSIBLEAPPROACHESFORACnON 116 A. National level 116 B. Subregional and regional levels 117 C. International level 117 DECISION : VII/28 PROTECTED AREAS (ARTICLES 8 (A) TO (E)) 117 The Conference of the Parties 117 Status and trends of, and threats to, protected areas 119 Overall objective 119 Programme ofwork 120 Suggested supporting activities of the Executive Secretary 122 PROGRAMME OF WORK ON PROTECTED AREAS 123 I. Introduction 123 II. Overall purpose and scope oftheprogramme ofwork 124 PROGRAMME ELEMENT 1 : 126 Direct actions for planhing, selecting, establlshlng, strengthening, and manägfng, protected area Systems and sites * 126 Suggested activities of the Parties 126 Suggested supporting activities of the Executive Secretary 127 Suggested activities of the Parties 127 Suggested supporting activities of the Executive Secretary 128 Suggested activities of the Parties 128 Suggested supporting activities ofthe Executive Secretary 129 Suggested activities ofthe Parties 129 Suggested supporting activities ofthe Executive Secretary 130 Suggested activities ofthe Parties 130 Suggested supporting activities of the*executive Secretary 131 PROGRAMME ELEMENT 2 : 131 Govemance, Partidpation, Equity and Benefit Sharing 131 Suggested activities ofthe Parties 131

8 Suggested activities ofthe Parties 132 Suggested supporting activities ofthe Executive Secretary 133 PROGRAMME ELEMENT 3 : 133 Enabling Activities 133 Suggested activities ofthe Parties 133 Suggested supporting activities ofthe Executive Secretary 134 Suggested activities ofthe Parties 135 Suggested supporting activities ofthe Executive Secretary 135 Suggested activities ofthe Parties 135 Suggested supporting activities ofthe Executive Secretary 136 ' Suggested activities ofthe Parties 136 Suggested supporting activities ofthe Executive Secretary 137 Suggested activities ofthe Parties 137 Suggested supporting activities ofthe Executive Secretary 138 PROGRAMME ELEMENT4 : 138 Standards, assessment, and monitoring, 138 Suggested activities ofthe Parties, 138 Suggested supporting activities ofthe Executive Secretary 139 Suggested activities ofthe Parties 139 ' Suggested supporting activities ofthe Executive Secretary 139 Suggested activities ofthe Parties 140 Suggested supporting activities ofthe Executive Secretary 140 Suggested activities ofthe Parties 141 INDICATIVE LISTOF PARTNERS AND OTHERCOLLABORATORS 142 Partners 142 INDIGENOUS AND LOCAL COMMUNFTiES 143 Private sector 143 DECISION : VII/29 TRANSFER OF TECHNOLOGY AND TECHNOLOGY COOPERATION (ARTICLES 16 TO 19) 144 PROGRAMME OF WORK ON TECHNOLOGYTRANSFER AND TECHNOLOGICAL AND SCIENT1F1C COOPERATION 149 PROGRAMME ELEMENT 1 : 150 Technology Assessments 150 Activities 151 Activities 151 Timeline for Implementation ongoing 151 Activities 152 PROGRAMME ELEMENT 2 : 152 Information Systems 152 Activities 153 Activities 154 Activities 154 Activities 155

9 PROGRAMME ELEMENT 3 : 156 Creating Enabling Environments 156 Activities 156 Activities 158 PROGRAMME ELEMENT 4 : 159 Capacity-Building and Enhancement 159 Activities 160 Activities 160 Activities 161 Activities 161 BIODIVERSITY CONSERVATION IN INDIA AN UPDATE Introduction 163 BIODIVERSITY-TheNatural Biological Capital of The Earth 164 The Need For Biodiversity Conservation 165 Convention on Biological Diversity 168 Approach ; 171 BIODIVERSITY CONSERVATION 173 National Policy and Goals 173 BIODIVERSITY IN INDIA 177 Introduction 177 Ecosystem Diversity 177 ForestEcosystems 177 Grasslands 180 Wetlands 180 Coastal and Marine Ecosystem 183 Mangroves, 183 Coralreefs.187 DesertEcosystems,.,.../.. ' Species Diversity 190 Status ofsurveys 190 Flora 191 Fauna 191 Endemic Species 192 CultivatedPlants 192 Genetic Diversity 193 Wild relatives ofcrops 193 BreedsofDomesticatedAnimals 193 Threats to Biodiversity 193 Threats to Ecosystem 193 Threatstospecies and genetic diversity 195 CURRENT EFFORTS, GAPS AND ACTION PROGRAMME Legislative and Policy Framework 196 CurrentStatus 196

10 Gaps 198 Action Points 198 Survey of Biodiversity And National Database 199 CurrentStatus 199 Gaps 199 Action Points In situ Conservation Currentstatus Gaps, Action points In situ Conservation Currentstatus Gaps Action points Sustainable use of Biological Diversity Currentstatus ; 212 Gaps Action points 213 Indigenous Knowledge Systems, Practices, Innovations and Benefit Sharing. 214 CurrentStatus Gaps : Action Points. Peoples Participation Action Points Institutional Framework Currentstatus 218 Gaps 219 Action points Education, Training and Extension Currentstatus Gaps......;. : Action points Research and Development Activities Currentstatus ~ 225 Gaps 229 Action points 229 International Cooperation 230 Currentstatus 230 Gaps ; 231 Action points 231 IMPLEMENTATION, MONITORING AND FUNDING 232