- The Wetlands (Conservation and Management) Rules, 2010, were officially announced by the Ministry of Environment and Forests.
- Marking a significant development, these rules represent the initial set of legally binding provisions aimed at the conservation and management of wetlands.
- Their formulation is geared towards enhancing conservation efforts, promoting effective management, and preventing the continued deterioration of wetlands across India.
Key Points of Wetlands (Conservation and Management) Rules 2010:
- Establishment of Central Wetland Regulatory Authority, chaired by the Secretary, MoEF, comprising members from diverse government ministries and experts in hydrology, limnology, ornithology, and ecology. Some expert nominations lack transparency. The authority has a three-year tenure.
- Regulation of Ramsar Wetlands and ‘Protected Wetlands,’ including ecologically sensitive areas, wetlands in protected zones, UNESCO sites, wetlands above 2500 meters with an area over 5 ha, or wetlands below 2500 meters with an area exceeding 500 hectares, as suggested by the Central Wetland Regulatory Authority.
- Restrictions on activities within wetlands, such as reclamation, industrial setup in the vicinity, solid waste dumping, storage of hazardous substances, untreated effluent discharge, and permanent construction.
- Regulated activities requiring state government consent, including hydraulic alterations, unsustainable grazing, resource harvesting, treated effluent release, aquaculture, agriculture, dredging, etc.
- Major functions of the authority: identification of new wetlands for conservation, ensuring rule compliance by local bodies, issuance of clearances, etc.
- State Governments to submit a ‘Brief Document’ on qualifying wetlands, assessed by the authority. If accepted, the Central Government notifies it as a ‘Protected Wetland.’
Appeals against authority decisions can be lodged with the National Green Tribunal.
- The Rules emphasize the significance of wetlands by stating that they are integral components of the hydrological cycle, playing a vital role in supporting a rich biological diversity and offering a multitude of ecosystem services.
- These services include waste assimilation, water purification, flood mitigation, erosion control, groundwater recharge, microclimate regulation, and aesthetic enhancement of the landscape.
- Additionally, wetlands contribute to various recreational, social, and cultural activities, forming an essential part of the cultural heritage.
Areas of Concern in the Wetlands (Conservation and Management) Rules 2010:
- Neglect of Livelihood Importance: The Rules lack provisions for safeguarding wetlands crucial for the livelihoods and water security of dependent populations. The absence of recognition for traditional rights over wetlands may hinder livelihood activities, raising concerns about potential prohibitive regulations.
- Community Involvement: The removal of the provision for community-based organizations and research entities to propose wetlands for protection is a drawback. The exclusive authority of the State Government in this regard limits community participation in the decision-making process.
- Exclusion of Community Representatives: The absence of representation from community representatives, such as Fishing Associations and Farmers’ representatives, within the Central Wetland Regulatory Authority raises concerns about overlooking the perspectives and concerns of those directly dependent on wetlands.
- River Channels Exclusion: Despite accepting the Ramsar definition of Wetlands, the Rules exclude river channels from protection. This omission overlooks the ecological and social significance of various river stretches, floodplains, riparian areas, mangroves, and mudflats, which could lead to their further degradation.
- Neglect of Socio-Cultural Significance: The Rules omit the protection of wetlands supplying water to class B cities, as well as smaller wetlands with socio-cultural significance. This oversight disregards the importance of these wetlands for both domestic water supply and cultural practices.
- Lack of Clear Guidelines: The Rules lack clear guidelines on when states can permit activities detrimental to wetlands and the decision-making process involved. This ambiguity raises concerns about the potential approval of activities that could harm wetland ecosystems.
- Insufficient Protection of Traditional and Community Rights: While stating that harvesting of living resources requires prior consent from State Governments, the Rules do not adequately protect traditional and community rights related to fishing, water collection, and farming.
- Limited Learning from Past Experiences: There is a lack of emphasis on learning from past experiences, whether failures or successes, in the protection of wetlands. Non-government efforts in towns like Udaipur and Jaipur, which have successfully protected some lakes, should be considered for improving future wetland conservation efforts.
Addressing these concerns is crucial for the effective conservation and management of wetlands, taking into account ecological, social, and economic dimensions.
FAQs – Wetlands (Conservation and Management) Rules 2010:
1. What are the Wetlands (Conservation and Management) Rules, 2010?
A: The Wetlands (Conservation and Management) Rules, 2010, are legally binding provisions formulated by the Ministry of Environment and Forests in India. These rules aim to address the conservation and effective management of wetlands across the country.
2. What is the main objective of these rules?
A: The primary objective is to enhance conservation efforts, promote effective management, and prevent the continued deterioration of wetlands in India.
3. What is the Central Wetland Regulatory Authority, and what is its role?
A: The Authority, chaired by the Secretary, MoEF, comprises members from various government ministries and experts. It is responsible for regulating Ramsar Wetlands and ‘Protected Wetlands,’ overseeing activities, and ensuring compliance with the rules.
4. Are there concerns regarding the transparency of expert nominations in the authority?
A: Yes, some expert nominations lack transparency, raising questions about the selection process.
5. Which activities are restricted within wetlands according to the rules?
A: The rules impose restrictions on activities like reclamation, industrial setup, solid waste dumping, storage of hazardous substances, untreated effluent discharge, and permanent construction.
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