Section 26A: The Final Declaration, and the Power to Cut a Sanctuary Down

In one line

Section 26A finally declares the sanctuary, and sub-section (3) is the only way out of it.

In exam wording: sub-section (1) of section 26A of the Wild Life (Protection) Act 1972 provides that when a notification has been issued under section 18 and the period for preferring claims has elapsed and all claims made in relation to any land have been disposed of by the State Government, or when any area comprised within a reserve forest or any part of the territorial waters which the State Government considers to be of adequate ecological, faunal, floral, geomorphological, natural or zoological significance for the purpose of protecting, propagating or developing wild life or its environment is to be included in a sanctuary, the State Government shall issue a notification specifying the limits of the area and declare that it shall be a sanctuary on and from the date specified, with a proviso requiring the prior concurrence of the Central Government where a part of the territorial waters is included, and a further proviso requiring the limits of such waters to be determined in consultation with the Chief Naval Hydrographer of the Central Government and after taking adequate measures to protect the occupational interests of the local fishermen; sub-section (2) preserves the right of innocent passage of any vessel or boat through the territorial waters; and sub-section (3) provides that no alteration of the boundaries of a sanctuary shall be made by the State Government except on a recommendation of the National Board.

The two routes into sub-section (1)

Clause (a): the ordinary route. A section 18 notification has issued, the period for preferring claims has elapsed, and all claims have been disposed of by the State Government. Only then does the final notification issue.

Clause (b): the reserve forest and marine route. An area comprised within a reserve forest, or any part of the territorial waters, which the State Government considers to be of adequate significance on the six stated grounds, may be included in a sanctuary directly under section 26A.

Why clause (b) exists. Section 18(1) expressly excludes those two categories. Clause (b) is where they come back in, and it needs no settlement of rights, because in a reserve forest the rights have already been settled under Chapter II of the Indian Forest Act 1927, and in the territorial waters there is no private land.

The marine sanctuary, and its three safeguards

Prior concurrence of the Central Government where any part of the territorial waters is included. Not consultation. Concurrence.

Consultation with the Chief Naval Hydrographer of the Central Government to determine the limits of the area of the territorial waters.

Adequate measures to protect the occupational interests of the local fishermen, taken before the limits are determined.