Sections 59 to 65: Savings, Exemptions and the Rule Making Powers

In one line

The last seven sections say that the Act adds to other laws rather than replacing them, that plant variety holders are outside it, and that three different bodies may make subordinate law under it.

In exam wording: section 59 of the Biological Diversity Act 2002 provides that the Act is in addition to and not in derogation of any other law relating to forests or wildlife; section 59A, inserted in 2023, provides that the Act shall not apply to a person given an approval or granted a right under a law relating to protection of plant varieties enacted by Parliament, to the extent that the approval or right does not require a similar approval under this Act; section 60 empowers the Central Government to give directions to a State Government; section 61 requires a written complaint by the Government or by any person or benefit claimer after thirty days' notice before a court takes cognizance; section 62 gives the Central Government power to make rules; section 63 gives the State Government power to make rules; section 64 gives the National Biodiversity Authority power to make regulations with the previous approval of the Central Government; and section 65 gives the Central Government power to remove difficulties within two years.

Section 59: the relationship with the forest and wildlife statutes

The Act is in addition to, and not in derogation of, the provisions in any other law for the time being in force relating to forests or wildlife.

What that means in practice. A person who has approval under section 19 of this Act still needs a permit under section 29 of the Wild Life (Protection) Act 1972 if the resource is inside a sanctuary, and still needs authority under the Indian Forest Act 1927 if it is in a reserved forest. Approvals do not substitute for each other.

Why it matters in an answer. A question about the legal regulation of access is not answered by the 2002 Act alone. Section 59 says so on the face of the statute.

Section 59A: the plant varieties carve-out

Inserted in 2023. The provisions of the Act do not apply to any person who has been given any approval or granted any right under any law relating to protection of plant varieties enacted by Parliament, to the extent that the approvals or rights given under that Act do not require similar approval under this Act.

Read it with section 6(3), which already excluded from section 6 an application for a right under a law relating to protection of plant varieties, and with section 6(4), which requires the granting authority to endorse a copy of the document to the National Biodiversity Authority.