Why in news?
The Ministry of Environment, Forests and Climate Change has recently notified the Wetlands Rules, 2017.
What are the notable provisions?
- Definition - Wetlands are defined as an area of marsh, fen, peatland or water.
- It could be natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt.
- It includes areas of marine water the depth of which at low tide does not exceed six metres.
- The rules apply to:
- wetlands categorised as “wetlands of international importance” under the Ramsar Convention.
- wetlands as notified by the central and state governments and UT administration.
- Management - The new Rules farm out wetland management to states and union territories.
- The State or UT Wetlands Authority will have to prepare a list of all wetlands and a list of wetlands to be notified, within specified time.
- However, it is up to the states to decide which wetlands are to be notified.
- A comprehensive digital inventory of all wetlands is to be prepared within a year.
- CWRA - The new riles have done away with the earlier Central Wetlands Regulatory Authority (CWRA) entirely.
- CWRA has been replaced by the National Wetland Committee, which has a merely advisory role. These include -
- advising the central government on proposals received from states/UTs for “omission of the prohibited activities”.
- prescribing norms and guidelines for integrated management of wetlands based on wise-use principle.
- recommending trans-boundary wetlands for notification.
- reviewing the progress of integrated management of Ramsar Convention sites.
- Restrictions - As per the new rules, encroachments on wetlands have been banned.
- It also prohibits solid waste dumping, discharge of untreated waste and effluents from industries and human settlements.
- It says that conservation and management would be based on the principle of ‘wise use’, which is to be determined by the Wetlands Authority.
What are the shortfalls?
- Definition - The 2010 Rules included in the definition of wetlands all inland waters such as lakes, reservoir, tanks, backwaters, lagoon, creeks, estuaries, etc.
- It also included man-made wetland and the zone of direct influence on wetlands.
- However, the 2017 Rules are not as comprehensive as this.
- It does not include river channels, paddy fields, human-made water bodies/tanks specifically for drinking water purposes, aquaculture, salt production, recreation and irrigation purposes.
- It also do not include wetlands under forest and coastal regulation zones..
- Management - There were lethargic response from states and UTs, in the past, on wetlands protection.
- So devolving management to states and UTs could be ineffective
- Restrictions - The term ‘wise use’ is subjective and could dilute the earlier restrictions.
- There is also no timeline specified for phasing out solid waste and untreated waste from being dumped into wetlands.
- The restrictions on “any other activity likely to have an adverse impact on the ecosystem of the wetland”, are not specified clearly in the Rules.
- Appeal – The older provision of appealing to the National Green Tribunal does not exist in the 2017 Rules.
Source: The Indian Express