The objective of Biodiversity Act, 2002: –

India as being the part of the Convention on BioDiversity, 1992 enacted the BioDiversity Act, 2002. The objective behind enacting the Biodiversity act, 2002, is to provide the conservation of Biological Diversity to:- 1.  Firstly, Provide for conservation of biological diversity, 2.  Secondly, Sustainable use of Biological Diversity’s components 3.   Moreover,  Fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto

Biodiversity Convention: –

The convention on Biodiversity, 1992 was held in Rio de Janeiro in the year 1992

What is biodiversity: –

“Biological diversity” means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part: this includes diversity within species, between species and of ecosystems. In the layman language, Biodiversity means, consisting of various life forms within the biosphere. The main reason behind the convention is to focus on the effects of climate change on biodiversity. Moreover, the preservance and fair use of biological diversity and its resources.

National Biodiversity Authority:-

The National Biodiversity Authority was established by the Central Government in the year 2003 for implementing the Biodiversity Act, 2002. This authority is a statutory body. 1.    Establishment: – The Central Government by notification in the official gazette will establish a Body called National Biodiversity Authority. 2.    Nature: – a. Body corporate, b. having perpetual succession and the common seal, c. Power to acquire, hold and dispose of immovable and immovable property, d. to contract, e. sue and be sued. 3.    Head Office: – The head office will be at Chennai and can establish offices at any other place in India but with the prior approval of the Central Government.

4.    Members:

(A) Chairperson: – appointed by the Central Government. He/ She should be an eminent person, having adequate knowledge and experience in the Conservation and sustainable use of biological diversity and matters related to it. Chairperson, who shall be an eminent person having adequate knowledge and experience in the conservation and sustainable use of biological diversity and the matters related to it. The chairperson shall be the Chief Executive of the National Biodiversity Authority (Section 10). (B). Three ex-officio Members (appointed by the Central Government):- One represents the Ministry dealing with tribal affairs. Other two represent the Ministry deals with environment and forests. One of them should be the Additional Director General or Director General of forests. (C).    Seven Ex-officio Members: – Appointed by the Central Government to represent the following ministries that are governed by the Central Government:- a.    Firstly, Agricultural Research and Education b.    Also, Biotechnology c.    Further, Ocean Development d.    Furthermore, Agriculture and Cooperation e.    Lastly, Indian System of Medicine and Homeopathy  . (D).    Five Non-Official Members:- Appointed from amongst Specialist and Scientists, having special knowledge of and experience in matters related to:- a. Firstly, Science and Technology b. Further, Scientific and Industrial Research c. Also, Conservation of Biological Diversity d. Furthermore, Sustainable use of Biological Resources e.  Also, Representative of Industry, conservers, and creators, and f.  Lastly, Knowledge- Holders of biological resources

5.    Functions and Powers (Section 18):-

a.    Firstly, Advise the Central government in the matters relating to the conservation of biological diversity, sustainable use of its components b.    Secondly, Advise the State Government in selecting the areas of biodiversity importance as heritage sites and measures of the management of those sites. c.   Thirdly,  Perform other functions that are necessary to be carried out under the act. d.   Also,  The National biological authority can take any measures on behalf of the Central Government, to oppose the grant of Intellectual Property Rights, in any country outside India on any biological resources obtained from the India, or knowledge associated with it that is derived from India.( Biological Resources-  Under section 2 (c)of the Act, Biological resources means, Plants, animals, and microorganisms or their parts, their genetic materials and by-products with the  actual or potential use of value, but does not include Human Genetic Material.) e.   Moreover, to issue guidelines by regulations for access to biological resources and for fair and equitable sharing. f.   Also, to regulate the activities like obtaining of biological resources occurs in India or knowledge associated, for research , Commercial utilization or for bio-survey or for bio-utilization (Sec 3), giving approval for transferring the results of research to certain persons (Sec 4),  Giving approval to the application of Intellectual Property rights on Biological resources.

6. Approval for undertaking certain activities:-

Who is required to take the approval: –

Under Section 3(2) of the Act, following persons are required to take the approval of the National Biodiversity Authority.
  1. A person who Is not a citizen of India,
  2. Further, A citizen of India, who is a non- resident as defined in clause (30) of Section 2 of the Income tax act, 1961.
  3. Moreover, A body corporate, body or organization – (i) not incorporated or registered in India, or (ii) Incorporated or registered in India under any law for the time being in force.

Procedure for taking approval: –

a. Firstly, The persons referred under section 3(2), shall make an application in such form and shall make a payment of fee, as prescribed by the act, National Biodiversity Authority.  The authority after receiving the application may make such inquiries and if necessary can consult an expert committee. b. Secondly, After the inquiry or consultation, authority by an order either approves or rejects the application. c. Also, The reason should be recorded in the writing. d. Further, Before rejecting the application, an opportunity of being heard should be given. e. Lastly, The authority shall give public notice of every approval granted by it under section 19.   [sp_easyaccordion id=”12058″]

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