- The Wetlands (Conservation and Management) Rules, 2017, have been formally established by the Ministry of Environment, Forests, and Climate Change (MoEF&CC) in alignment with the provisions outlined in the Environment (Protection) Act, 1986.
- These rules play a pivotal role as the legal framework governing the conservation and management of wetlands in India.
- Representing a crucial stride towards maintaining the inherent ecological balance of wetlands, these regulations facilitate their judicious utilization.
- The implementation of these rules involves the coordination of State/UT Wetland Authorities and a National Wetland Committee, further reinforcing the institutional structure dedicated to addressing environmental concerns within the legal framework.
KEY PROVISIONS
The Wetlands (Conservation and Management) Rules, 2017, delineate a structured framework for the effective governance and preservation of wetlands in India. The key provisions include:
State Wetland Authority (SWA):
- Mandates the establishment of a State Wetland Authority in each state and union territory, headed by the respective state’s environment minister.
- Encompasses diverse government representatives with specialized expertise in hydrology, socioeconomics, landscape design, fisheries, and wetland ecology.
Management Principles:
- Emphasizes the adoption of the “smart use principle” to guide wetland management, promoting judicious utilization.
- Acknowledges the concept of “wise use,” aligning sustainable practices with conservation objectives and decentralizing powers accordingly.
Regulatory Functions of SWA:
- Requires the SWA to compile a comprehensive list of activities subject to governance and approval within notified wetlands and their zone of influence.
- Empowers the SWA to identify and prohibit activities deemed detrimental to certain wetlands.
- Encourages the development of plans for more effective wetland utilization.
Community Engagement and Awareness:
- Advocates for recommendations and actions by the SWA to enhance awareness among local communities and stakeholders about the significance of wetlands.
- Encourages measures to protect wetlands and emphasizes the involvement of local communities in conservation efforts.
National Wetland Committee (NWC):
- Establishes the National Wetland Committee (NWC) to replace the Central Wetlands Regulatory Authority, with the secretary of the Ministry of Environment, Forests, and Climate Change (MoEFCC) leading the committee.
Prohibited Activities:
- Explicitly prohibits activities such as encroachment, establishment and growth of industries, waste disposal, and the discharge of untreated wastes and effluents from various human settlements.
State-Level Responsibilities:
- Mandates state authorities to compile lists of all wetlands and those requiring notification within six months.
Digital Inventory:
- Lays the groundwork for creating a comprehensive digital inventory of all wetlands, with a requirement for updates every 10 years.
In essence, these rules establish a robust regulatory framework that not only empowers state authorities for effective wetland management but also ensures the conservation and sustainable use of these vital ecosystems in alignment with national objectives.
SEVERAL SHORTCOMINGS
The Wetlands (Conservation and Management) Rules 2017, while aiming to provide a regulatory framework for wetland conservation, have been criticized for several shortcomings:
Exclusion of Specific Water Bodies:
- River channels, paddy fields, man-made water bodies/tanks designed for drinking water, and structures for aquaculture, salt production, recreation, and irrigation are not included in the definition of wetlands in the 2017 rules.
- This exclusion, according to the new definition, could lead to the loss of wetland status for nearly 65 percent of the country’s wetlands.
Ineffectiveness in Management and Protection:
- Excluded water bodies and structures won’t benefit from the management and protection measures outlined in the rules.
- River channels and man-made wetlands, crucial for various purposes, may not receive the necessary conservation attention.
Lack of Consistency in Definition:
- Wetlands are defined and included at the discretion of respective states or territories, potentially resulting in inconsistency in defining and conserving wetlands across the country.
Omission of Key Provisions:
- The rules omit the provision for appealing to the National Green Tribunal, which was available in the older regulations.
- Absence of a specific timetable for the elimination of solid waste and untreated waste dumped into wetlands, posing environmental risks.
Non-Alignment with Supreme Court Decision:
- The rules do not incorporate the Supreme Court’s decision in Jagpal Singh vs. State of Punjab (2011) regarding the restoration of encroached wetlands nationwide.
Insufficient Focus on Ecosystem Integrity:
While recognizing multiple-use regimes for wetland conservation is essential, the rules may not adequately address the preservation and management of the overall integrity of the wetland ecosystem.
In conclusion, the identified shortcomings underscore the need for a more comprehensive and consistent approach to wetland conservation. Addressing these issues would contribute to a more effective regulatory framework that ensures the holistic preservation of wetlands and their diverse ecosystems.
FAQs – Wetlands Conservation and Management Rules 2017
1. What is the significance of the Wetlands (Conservation and Management) Rules, 2017?
A: The rules are a crucial legal framework established by the Ministry of Environment, Forests, and Climate Change (MoEF&CC) to govern the conservation and management of wetlands in India. They provide guidelines for the judicious use of wetlands while reinforcing institutional structures for environmental governance.
2. How are the rules structured to manage wetlands at the state level?
A: The rules mandate the establishment of State Wetland Authorities (SWAs) in each state and union territory. These authorities, headed by the state’s environment minister, comprise specialists in hydrology, socioeconomics, landscape design, fisheries, and wetland ecology.
3. What principles guide the management of wetlands under these rules?
A: The rules emphasize the “smart use principle” for judicious wetland management and introduce the concept of “wise use,” aligning sustainable practices with conservation objectives. This decentralizes powers to ensure effective governance.
4. What regulatory functions are assigned to State Wetland Authorities (SWAs)?
A: SWAs are tasked with compiling a comprehensive list of activities requiring governance and approval within notified wetlands. They are empowered to identify and prohibit activities detrimental to certain wetlands and are encouraged to develop plans for more effective utilization.
5. How do the rules promote community engagement and awareness?
A: The rules advocate for SWAs to recommend actions that enhance awareness among local communities and stakeholders about the significance of wetlands. Community participation is encouraged in the protection and conservation of wetlands.
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