Wetlands: Ramsar Sites and the Rules

In one line

A protected area the Wild Life (Protection) Act 1972 does not create, and the notification power under the Environment (Protection) Act 1986 that protects it instead.

In exam wording: article 1 of the Convention on Wetlands of International Importance especially as Waterfowl Habitat, Ramsar, 2 February 1971, defines wetlands as areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres, and waterfowl as birds ecologically dependent on wetlands; article 2 requires each Contracting Party to designate suitable wetlands within its territory for inclusion in a List of Wetlands of International Importance, the boundaries being precisely described and delimited on a map, wetlands being selected on account of their international significance in terms of ecology, botany, zoology, limnology or hydrology, the inclusion not prejudicing the exclusive sovereign rights of the Party, and each Party designating at least one wetland on signature, ratification or accession.

Continued: article 3 requires the Parties to formulate and implement their planning so as to promote the conservation of the listed wetlands and, as far as possible, the wise use of wetlands in their territory, and to arrange to be informed at the earliest possible time if the ecological character of a listed wetland has changed, is changing or is likely to change as a result of technological developments, pollution or other human interference; and article 4 requires each Party to promote the conservation of wetlands and waterfowl by establishing nature reserves on wetlands, whether listed or not, and to provide adequately for their wardening.

Article 1: the definition

Wetlands are areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six metres.

Read how wide that is. A tank dug by a village is a wetland; a seasonal flood plain is a wetland; a salt marsh is a wetland; and so is the sea itself where it is shallower than six metres at low tide.

Waterfowl are birds ecologically dependent on wetlands. The Convention's title names them, and the definition ties them to the habitat rather than to a taxonomic group.

Why the definition matters in Indian law. Clause (17) of section 2 of the Wild Life (Protection) Act 1972 defines land to include canals, creeks and other water channels, reservoirs, rivers, streams and lakes, whether artificial or natural, marshes and wetlands, and boulders and rocks. So a wetland can be inside a sanctuary or National Park. But nothing in that Act declares a wetland as such.