The Lok Sabha on July 26 passed the Forest Conservation (Amendment) Bill, 2023. Earlier, the Joint Parliament Committee (JPC) had cleared all amendments proposed in the Forest (Conservation) Amendment Bill, 2023.
- The bill amends the Forest (Conservation) Act 1980.
Key points
- The Bill covers only land that has been declared or notified as a forest under the Indian Forest Act, 1927 or under any other law.
- It also seeks to recognise only forest lands that were recorded as forests as on or after October 25, 1980.
- The Bill states that prior forest clearance is not needed in some cases, including for forest land situated within a distance of 100 km along international borders or Line of Control (LoC) or Line of Actual Control (LAC), and which are to be used for construction of a strategic linear project of national importance. Almost all of the northeast would fall into this category.
- The amendment bill also exempts from seeking prior forest clearance, strip forests (up to 0.10 hectares or ha) situated alongside a rail line or a public road maintained by the government; tree plantations on private lands that are not categorised as forests; up to 5 ha area proposed to be used for construction of defence related or public utility projects in a Left Wing Extremism (LWE) affected area.
- The central government has submitted the Act be renamed as Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, translating to Forest (Conservation and Augmentation) Act
- The bill exempts certain types of land from the provisions of the Act such as forest land along a rail line or a public road maintained by the government providing access to a habitation or to a rail, and roadside amenity up to a maximum size of 0.10 hectare.
- Forest land that will also be exempted includes land situated within 100 km along the international borders, Line of Control, or Line of Actual Control, proposed to be used for construction of strategic linear projects for national importance or security.
- It also exempts land up to 10 hectares, proposed to be used for constructing security related infrastructure, or land proposed to be used for constructing defence related projects, camp for paramilitary forces, or public utility projects as specified by central government not exceeding five hectares in a left wing extremism affected area.
- The Forest Conservation (Amendment) Bill, 2023, requires entities to seek prior permission of the union government for de-reservation of forest land and for use of forest land for other purposes.
- The government’s permission is also needed to lease forest land to private entities.
- The Bill sheds light on strategic and security-related projects to secure construction of essential infrastructure, particularly near international borders and in areas vulnerable to left-wing extremism.
- To prevent legal challenges, the bill also provides necessary provisions to protect biodiversity, expand forest cover, and offer some clarifications.
