The Wetlands (Conservation and Management) Rules 2017
Chapter Forty-One
Syllabus topic 1, "Water"
Pages 168 to 171 of 885
In one line
Seven prohibitions, a State authority to apply them, and a rule that they only reach a wetland somebody has troubled to notify.
In the wording a student can write in an exam: the Wetlands (Conservation and Management) Rules, 2017, were notified as G.S.R. 1203(E) on 26 September 2017 under the Environment (Protection) Act, 1986, replacing the Rules of 2010; rule 3 applies them to Ramsar sites and to wetlands notified by the Central or a State Government, excluding areas covered by the forest and wildlife Acts and by the Coastal Regulation Zone Notification; rule 4 requires conservation and management on the principle of wise use and prohibits seven classes of activity; rule 5 constitutes State and Union Territory Wetlands Authorities; and rule 6 constitutes a National Wetlands Committee, which is advisory.
The recitals, which are worth quoting
The notification recites that wetlands are vital parts of the hydrological cycle, highly productive ecosystems supporting rich biodiversity and providing water storage, water purification, flood mitigation, erosion control, aquifer recharge, microclimate regulation, aesthetic enhancement of landscapes while supporting recreational, social and cultural activities and forming part of the cultural heritage; that many wetlands are threatened by reclamation and degradation through drainage and landfill, pollution, hydrological alteration and over-exploitation; and that article 51A(g) makes it the duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife.
Those recitals are the answer to MU's 2019 question, which asks how the destruction of wetlands leads to environmental degradation and what the wise uses of wetlands are, and to the question on the first 2016 paper (QP Code 11790), which asks how the destruction of wetlands causes degradation of the environment.
Rule 3: what the Rules apply to
"These rules shall apply to the following wetlands or wetlands complexes, namely: (a) wetlands categorised as 'wetlands of international importance' under the Ramsar Convention; (b) wetlands as notified by the Central Government, State Government and Union Territory Administration: Provided that these rules shall not apply to the wetlands falling in areas covered under the Indian Forest Act, 1927, the Wild Life (Protection) Act, 1972, the Forest (Conservation) Act, 1980, the State Forest Acts, and the Coastal Regulation Zone Notification, 2011 as amended from time to time."
Read that rule carefully, because it contains the central criticism of the Rules. They apply to a Ramsar site, and otherwise only to a wetland that has been notified. India has hundreds of thousands of wetlands mapped by the National Wetland Atlas and a very small proportion of them notified. A rule that protects only what has been notified protects almost nothing until the notifying is done, and the notifying is the slowest part of the process.
The Wetlands (Conservation and Management) Rules 2017
Rule 4: wise use, and the seven prohibitions
Rule 4(1). "The wetlands shall be conserved and managed in accordance with the principle of 'wise use' as determined by the Wetlands Authority."
Rule 4(2) prohibits the following activities within the wetlands.
(i) conversion for non-wetland uses including encroachment of any kind;
(ii) setting up of any industry and expansion of existing industries;
(iii) manufacture or handling or storage or disposal of construction and demolition waste, hazardous substances, hazardous wastes and electronic waste covered under the rules named in the clause;
(iv) solid waste dumping;
(v) discharge of untreated wastes and effluents from industries, cities, towns, villages and other human settlements;
(vi) any construction of a permanent nature except for boat jetties within fifty metres from the mean high flood level observed in the past ten years calculated from the date of commencement of the rules; and
(vii) poaching.
The proviso. "The Central Government may consider proposals from the State Government or Union Territory Administration for omitting any of the activities on the recommendation of the Authority."
Rules 5 to 7: who decides
Rule 5 constitutes a State Wetlands Authority in each State and a Union Territory Wetlands Authority, chaired by the Minister in charge of the department dealing with wetlands, with official members from the relevant departments and expert members. It prepares a list of wetlands, a list of wetlands to be notified within a stated period, a comprehensive digital inventory, and, for each notified wetland, defines the zone of influence, prepares an integrated management plan, and decides what further activities are to be regulated or permitted within the wetland and its zone of influence.
Rule 6 constitutes a National Wetlands Committee, chaired by the Secretary of the Ministry, which advises the Central Government on policy, on the Ramsar Convention, on the designation of Ramsar sites, and on collaboration, and monitors implementation. It is advisory, and the 2010 Rules had a Central Wetlands Regulatory Authority that decided. The removal of that decision-making body is the second criticism of the 2017 Rules.
Rule 7 delegates powers and functions to the State Governments and Union Territory Administrations.
Broken down: the 2010 Rules against the 2017 Rules
Under the 2010 Rules there was a Central Wetlands Regulatory Authority with power to decide, a list of prohibited and regulated activities decided centrally, and criteria for identifying a wetland.
Under the 2017 Rules the decision moves to the State Wetlands Authority, the National Wetlands Committee only advises, and the Central Government may omit even one of the seven prohibitions on a State's proposal.
The case for the change. Wetlands are local, water is a State subject, and a central authority in Delhi could not manage sites across the country.
The Wetlands (Conservation and Management) Rules 2017
The case against. The party that gains from filling a wetland is usually the State's own development agency, and the 2017 Rules put the same State in charge of protecting it. A student should state both, and MU's question about destruction and wise use invites exactly that.
Worked example
A State proposes a highway alignment across a notified wetland, with a service road and drainage into it.
Step one, is it a notified wetland? If yes, rule 4 applies. If it is only mapped in the Atlas, it does not.
Step two, which prohibitions bite? Conversion for non-wetland use and encroachment under (i); construction of a permanent nature within fifty metres of the mean high flood level of the past ten years, other than a boat jetty, under (vi); and discharge of untreated waste under (v).
Step three, is there a way through? The proviso to rule 4(2) lets the Central Government consider a proposal to omit an activity on the recommendation of the Authority. So the route is a recommendation of the State Wetlands Authority and an omission by the Central Government.
Step four, and the zone of influence? Even where the alignment misses the wetland, rule 5 requires the Authority to define the zone of influence and to decide what is regulated within it, so drainage from outside the boundary is reachable.
Step five, and if it is not notified? Only the general environmental law and the public trust doctrine, which is what Hinch Lal Tiwari v. Kamala Devi supplies. That is the practical answer to why the notification requirement matters so much.
Distinctions
| 2010 Rules | 2017 Rules | |
|---|---|---|
| Deciding body | Central Wetlands Regulatory Authority | State Wetlands Authority, rule 5 |
| Central body | Regulatory | Advisory only, the National Wetlands Committee, rule 6 |
| Coverage | Wetlands meeting stated criteria | Ramsar sites and notified wetlands only, rule 3 |
| Prohibitions | A list, centrally fixed | Seven, with a proviso allowing omission |
| Criticism | Centralised and slow | Protects only what is notified, and the notifier is the developer's own State |
What it does NOT mean
It does not mean every wetland in India is protected. Rule 3 confines the Rules to Ramsar sites and notified wetlands.
It does not mean a forest wetland is unprotected. The proviso to rule 3 excludes areas under the Indian Forest Act, the Wild Life (Protection) Act, the Forest (Conservation) Act, the State Forest Acts and the Coastal Regulation Zone Notification, because those laws already govern them.
And it does not mean the seven prohibitions are absolute. The proviso to rule 4(2) allows the Central Government to omit an activity on the recommendation of the Authority.
The Wetlands (Conservation and Management) Rules 2017
Quick revision
G.S.R. 1203(E), 26 September 2017, under the Environment (Protection) Act, 1986, replacing the 2010 Rules.
Rule 3: applies to Ramsar sites and notified wetlands; excludes areas under the Indian Forest Act 1927, the Wild Life (Protection) Act 1972, the Forest (Conservation) Act 1980, the State Forest Acts and the Coastal Regulation Zone Notification 2011.
Rule 4(1): conservation and management on the principle of wise use. Rule 4(2): seven prohibitions, being conversion and encroachment; industry; hazardous, construction, demolition and electronic waste; solid waste dumping; untreated discharge; permanent construction within fifty metres of the ten-year mean high flood level except a boat jetty; and poaching. Proviso: the Central Government may omit an activity on the Authority's recommendation.
Rule 5: State Wetlands Authority, which lists, notifies, inventories, defines the zone of influence and prepares the integrated management plan. Rule 6: the National Wetlands Committee, advisory.
Test yourself
1. To which wetlands do the Rules apply? To wetlands categorised as of international importance under the Ramsar Convention, and to wetlands notified by the Central Government, a State Government or a Union Territory Administration; not to areas already covered by the forest and wildlife Acts or by the Coastal Regulation Zone Notification.
2. State four of the seven prohibited activities. Conversion for non-wetland uses including encroachment; setting up any industry or expanding an existing one; solid waste dumping; and discharge of untreated wastes and effluents. Handling of hazardous and other listed wastes, permanent construction within fifty metres of the ten-year mean high flood level except a boat jetty, and poaching are the others.
3. What is the principal criticism of the 2017 Rules? That they protect only Ramsar sites and notified wetlands, that notification is slow and is done by the State whose own agencies usually want the land, and that the central body was reduced from a regulatory authority to an advisory committee.
4. Can a prohibited activity ever be permitted? Yes. The proviso to rule 4(2) allows the Central Government to consider a proposal from a State Government or Union Territory Administration for omitting any of the activities, on the recommendation of the Wetlands Authority.
The rest of this subject
These notes are cut from the University's printed syllabus. Open the syllabus itself, or the past papers, for the same subject.