Wildlife Clearance and the National Board for Wild Life

In one line

A project that touches a protected area needs a third permission, and it is given under the Wild Life (Protection) Act 1972 by the Chief Wild Life Warden after the State Government has consulted the National Board.

In exam wording: wildlife clearance is the permission required by section 29 of the Wild Life (Protection) Act 1972 for a sanctuary and by sub-section (6) of section 35 for a National Park, under which no person shall destroy, exploit or remove any wild life including forest produce, or destroy or damage or divert the habitat of any wild animal by any act whatsoever, or divert, stop or enhance the flow of water into or outside the area, except under and in accordance with a permit granted by the Chief Wild Life Warden, and no such permit shall be granted unless the State Government, being satisfied in consultation with the National Board that such removal or change in the flow of water is necessary for the improvement and better management of wild life therein, authorises the issue of the permit.

The National Board for Wild Life

Section 5A. The Central Government constitutes it. The Prime Minister is the Chairperson; the Minister in charge of Forests and Wild Life is the Vice-Chairperson; the Director of Wild Life Preservation is the Member-Secretary.

Who else sits on it. Three members of Parliament, two from the House of the People and one from the Council of States. The Member of NITI Aayog in charge of Environment, Forest and Climate Change. Five persons to represent non-governmental organisations. Ten persons from among eminent conservationists, ecologists and environmentalists. A row of Secretaries and heads of institutions, including the Chief of the Army Staff, the Director-General of Forests, the Director of the Wild Life Institute of India, the Directors of the Zoological Survey of India and the Botanical Survey of India, and the Member-Secretary of the Central Zoo Authority. One representative each from ten States and Union territories by rotation.

Sub-section (4) provides that notwithstanding any other law, the office of a member of the National Board shall not be deemed to be an office of profit.

Section 5B: the Standing Committee. The National Board may, in its discretion, constitute one. It consists of the Vice-Chairperson, the Member-Secretary and not more than ten members nominated by the Vice-Chairperson from among the members of the Board. In practice this is the body that considers projects, because the full Board, chaired by the Prime Minister, meets rarely.

Section 5C: the functions. It is the duty of the National Board to promote the conservation and development of wild life and forests by such measures as it thinks fit. The measures may provide for framing policies and advising the Central and State Governments; making recommendations on the setting up and management of national parks, sanctuaries and other protected areas and on matters relating to restriction of activities in those areas; carrying out or causing to be carried out impact assessment of various projects and activities on wild life or its habitat; reviewing progress; and preparing and publishing a status report at least once in two years.