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What a Protected Area Is

Chapter One Hundred Fifty-Six

Syllabus topic 5, "Legal framework for Development and Protection of Sanctuaries"

Pages 594 to 597 of 818

In one line

Four categories, one definition, and the sections that create each of them.

In exam wording: clause (24A) of section 2 of the Wild Life (Protection) Act 1972 defines a protected area as a National Park, a sanctuary, a conservation reserve or a community reserve notified under sections 18, 35, 36A and 36C of the Act; clause (26) defines a sanctuary as an area declared as a sanctuary by notification under the provisions of Chapter IV, and includes a deemed sanctuary under sub-section (4) of section 66; and clause (21) defines a National Park as an area declared, whether under section 35 or section 38, or deemed under sub-section (3) of section 66 to be declared, as a National Park.

MU asks in terms, on the 2015 paper, for the protected areas referred to in the Act. This is the answer.

The four

The sanctuary, section 18. The State Government may, by notification, declare its intention to constitute any area other than an area comprised within a reserve forest or the territorial waters as a sanctuary, if it considers that the area is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance, for the purpose of protecting, propagating or developing wild life or its environment.

The National Park, section 35. Whenever it appears to the State Government that an area, whether within a sanctuary or not, is by reason of its ecological, faunal, floral, geomorphological or zoological association or importance needed to be constituted as a National Park for the purpose of protecting, propagating or developing wild life therein or its environment, it may by notification declare its intention to do so.

The conservation reserve, section 36A. Declared by the State Government after consultation with the local communities, over an area owned by the Government, particularly one adjacent to a National Park or sanctuary and areas which link one protected area with another.

The community reserve, section 36C. Declared over community land or private land, not comprised within a National Park, sanctuary or conservation reserve, where an individual or a community has volunteered to conserve wild life and its habitat.

Two are declared over Government land in the ordinary case; two depend on other people. A conservation reserve requires consultation with local communities; a community reserve requires a volunteer.

What the definitions add

Clause (21): National Park. Declared under section 35 or section 38, or deemed under section 66(3). Section 38 is the Central Government's own power. Section 66(3) preserves areas declared under a repealed State Act.

Clause (26): sanctuary. Declared by notification under the provisions of Chapter IV, and includes a deemed sanctuary under section 66(4), which covers a reserve forest or part of the territorial waters within a sanctuary declared under section 18 before the commencement of the Amendment Act of 1991 while proceedings under sections 19 to 25 were pending.

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