Environmental Science

LESSON 12. Biological Diversity Act 2002

OBJECTIVES OF THE ACT:

 1. To conserve the Biological Diversity

2. Sustainable use of the components of biodiversity

3. Fair and equitable sharing of benefits arising out of the use of the B.D

A national biodiversity authority has been established by the Biodiversity Act 2002 to regulate act implementing rules 2004 has been operationalised since coming in to force.

Act: Regulating access as well as pushing the officially sponsored documentation of biological resources and traditional practices through people’s diversity registers at the local and data bases at the national levels, respectively. It further probes the extent to which the principles of conservation have realized.

Provisions of Act.

1. Prohibition on transfer of Indian genetic material outside the country without specific approval of the Indian Government

2. Prohibition of anyone claiming an (IPR) such as a patent over biodiversity or related knowledge without permission of Indian Government.

3. Regulation of collection and use of biodiversity by Indian national while exempting local communities from such restrictions

4. Measures from sharing of benefits from use of biodiversity including transfer of technology, monitory returns, joint research and development, joint IPR ownership etc.

5. Measuring to conserve sustainable use of biological resources including habitat and species protection (EIP) of projects, integration of biodiversity into the plans and policies of various Departments and Sectors.

6. Provisions for local communities to have a say in the use of their resources and knowledge and to charge fees for this

7. Protection of indigenous or tradition laws such as registration of such knowledge

8. Regulation of the use of the genetically modified organisms

9. Setting up of National, state and local Biodiversity funds to be used to support conservation and benefit sharing

10. Setting up of Biodiversity Management Committees (BMC) at local village levels, State Biodiversity Boards at state level and National Biodiversity Authority at national level.

 3.9.2 FUNCTIONS OF AUTHORITY:

 1. Advise the central Government on any matter concerning conservation of biodiversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge

2. Coordinate the activities of state biodiversity

3. Provide the technical assistance and guidance to the state biodiversity boards

4. Sponsor investigation and research

5. Engage consultants for a specific period not exceeding 3 years for providing technical assistance to the Authority in the effective discharges of its functions.

6. Collect, compile and publish technical and statistical data, manuals, codes or guides relating to conservation of biodiversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge’s

7. Organize through mass media a comprehensive programme regarding conservation of biodiversity, sustainable use of components and fair and equitable sharing of benefits arising out of the use of biological resources and knowledge.

8. Plan and organize training of personal engaged or likely to be engaged in programmes for the conservation of biodiversity and sustainable use of its components

9. Prepare the annual budget of the authority including its own receipts as also the devaluation from the central Government provided that the allocation by the central government shall be operated in accordance with budget provisions approved by the central govt.

10. Recommend creation of posts to the central Government for effective discharge of the functions by the authority.

11. Approve the method of recruitment to the officers and servants of the authority.

12.Take steps to build up data base and to create information and documentation system for biological resources and associated traditional knowledge through biodiversity register and electronic data bases to ensure effective management, promotion and sustainable uses.

13. Give directions to state Biodiversity Boards and the Biodiversity Management Committees in writing for effective implementation of the act.

14. Report to the central Government about the functioning of the Authority and implementation of the Act

15.Sanction grants to the State Biodiversity Board and Biodiversity Management committees for specific purposes.

16.Take necessary measures including appointment of legal experts to oppose grant of intellectual property right in any country outside india on any biological outside India on any biological resource and associated knowledge obtained from India and in an illegal manner.

17. Do such other functions as may be assigned to directed by the central government from time to time

18. Regulates the commercial utilization or biosurvey and bio-utilization of any biological resource by Indians.