JOIN USState shoots down WG authority idea
The recommendation of the Western Ghats Ecology Expert Panel (WGEEP) for setting up the Western Ghats Ecology Authority (WGEA) has not gone down well with the State Forest department.
It has written to the government opposing the recommendation, stating that the proposal seems almost ‘draconian’ and that the State will have very little say in terms of land and forest, which are ‘state subjects’, if it is implemented.
After the MoEF wrote to Karnataka asking for its comments on the panel’s suggestions, the Forest department formed a sub-committee of senior forest officers, who after studying the report have written back to the government advising that Karnataka should not accept the recommendation for setting up the WGEA.
The department argues that setting up the Authority would be like a ‘double edged sword’ and the State will be forced to vest the overall control with WGEA. Officials said that even laying of a pipeline or constructing a small road, for instance, would become a cumbersome process.
Officials say that the already existing laws are well structured, and if the WGEA comes into existence, these laws would become redundant.
The panel has been proposed to classify the Western Ghats landscapes into three classes - ecologically very sensitive, ecologically sensitive and moderately sensitive, based on the bio-diversity richness and ecological importance of the sites to regulate the development activities.
It has allowed development projects in some areas, which it has termed “Go” areas and others as “No-Go” areas.
The department has stated that as per the directions of the Supreme Court in the Godavarman case (writ petition 202), no change in the legal status of any forest land can be made in the country through new regulations. “Therefore, bringing the forests under any new regulation may not be in accordance with the Supreme Court directions,” it states.
The panel has also recommended new management regimes for different land tenures including forest and non-forest areas.
It has proposed the implementation of the Forest Rights Act (FRA) in the wildlife areas by recognising the community rights to collect the NTFP.
The department has countered it by saying that FRA is implemented in the wildlife areas as per the Wildlife Act, where relocation of the tribals should be on a voluntary basis.
The recommendations
* WGEA should be a statutory authority appointed by MoEF enjoying powers under Section 3 of the Environment (Protection) Act ,1986.* It will have the final authority for approving eco sensitive zones
* It will be the appellate authority when there are disputes between two states within the Ghats
* It will have powers to issue directions to state govts/agencies/authorities to prohibit, regulate or allow any activity that may have adverse impact on the Ghats
* It will have powers to levy fines and take other punitive measures laid down in Environment Protection Act and other environmental laws
* It can call for records, documents or notes by any authority, agency within state and the Centre in order to arrive at any decision. It will be empowered under the provisions of Civil Procedure Code
* It will develop a Western Ghats-specific master plan for conservation and sustainable development