Centre notifies Biological Diversity Rules, 2024

The Union Ministry of Environment, Forest and Climate Change has notified the Biological Diversity Rules, 2024, to regulate as well as facilitate access to and use of biological resources in the country.

• These rules have been notified to implement the Biological Diversity (Amendment) Act, 2023.

Key features

• The Biological Diversity Rules have laid down the process of establishing the three-tier structure of biodiversity resource regulation at the national (National Biodiversity Authority (NBA), state (state biodiversity board) and local level (biodiversity management committee).

• The chairperson of the NBA will hold the office for 3 years and will be eligible for re-appointment. Re-appointment will be eligible till the age of 65 years only.

• The local-level committees are to be established by local self-governments.

• National Biodiversity Fund: One of the key functions of the NBA is to administer the National Biodiversity Fund. This fund collects money for use of traditional knowledge and biological resources, following the principles of equitable benefit sharing. The NBA has to then pay to claimants such as individuals or groups from local communities, from this fund.

• The Rules also lay down the process of seeking approval of the NBA to access biological resources for research, bio-survey and bio-utilisation and for commercial utilisation.

• It also spells out the process of applying for intellectual property and patents, which are based on use of biological resources and traditional knowledge as well as applications for commercialisation of such patents.

• The rules exempts registered Ayush medical practitioners and traditional knowledge holders from paying Access and Benefit Sharing (ABS). ABS refers to the money paid to local communities, such as Adivasi communities, for their efforts in protecting medicinal plants and herbs.

• Since the Act decriminalised almost all offences, it has laid down the adjudication process for determining penalties for offences. An officer not below the rank of a joint secretary or a secretary in a state government shall be the adjudicating officer.

• Penalties range from 1 lakh to 50 lakh. Appeals against orders of the adjudicating officer can be made to the NGT.