Overview

Wildlife Clearance in India is a critical regulatory requirement for any project that has the potential to impact wildlife habitats. Governed by the Wildlife (Protection) Act, 1972, and other related environmental laws, this clearance ensures that development activities are balanced with the need to conserve India's rich biodiversity. The process involves a thorough evaluation of the environmental impact of proposed projects and mandates the implementation of mitigation measures to minimize harm to wildlife and their habitats.

India, being one of the most biodiverse countries in the world, is home to a vast array of flora and fauna, including several endangered species. Forests and wildlife habitats play a crucial role in maintaining ecological balance, supporting livelihoods, and providing ecosystem services such as carbon sequestration, water purification, and soil conservation. Therefore, obtaining wildlife clearance is not merely a legal formality but a vital step towards sustainable development.

The importance of wildlife clearance can be underscored by the various threats that unchecked development poses to wildlife. Habitat destruction, fragmentation, and pollution can lead to a decline in wildlife populations, loss of biodiversity, and disruption of ecological processes. By ensuring that projects comply with stringent environmental standards, wildlife clearance helps mitigate these threats.

Projects that typically require wildlife clearance include infrastructure development (such as roads, railways, and airports), mining and quarrying operations, industrial projects, and large-scale agricultural expansions. These activities often necessitate the diversion of forest land and can significantly impact wildlife habitats if not managed properly.

The wildlife clearance process involves multiple stages of scrutiny. Initially, a project proponent must submit a detailed application, including an Environmental Impact Assessment (EIA) report and a Wildlife Conservation Plan. The application is reviewed by various regulatory bodies, including the State Wildlife Board, the Wildlife Advisory Board, and the Standing Committee of the National Board for Wildlife (NBWL). Public consultations are also conducted to gather feedback from local communities and stakeholders, ensuring transparency and community involvement.

The final decision on wildlife clearance is made by the Ministry of Environment, Forest and Climate Change (MoEFCC), based on the recommendations of the advisory boards and the outcomes of the EIA. Approved projects are issued wildlife clearance with specific conditions that must be adhered to during project implementation. These conditions often include measures for habitat restoration, wildlife conservation, and ongoing environmental monitoring.

In summary, wildlife clearance in India is an essential regulatory mechanism that ensures development projects are planned and executed with due regard to environmental conservation. It helps maintain the delicate balance between development and conservation, protecting India's unique wildlife heritage for future generations. By adhering to the wildlife clearance process, project developers can ensure legal compliance, avoid potential legal issues, and contribute to sustainable development.

About Approval

Approval for Wildlife Clearance is a structured process designed to evaluate and mitigate the environmental impacts of development projects on wildlife habitats. The approval process is governed by the Ministry of Environment, Forest and Climate Change (MoEFCC) and involves several regulatory bodies, including the State Wildlife Board, the Wildlife Advisory Board, and the Standing Committee of the National Board for Wildlife (NBWL).

The process begins with the submission of a detailed project proposal on the Parivesh Portal, an integrated online platform for environmental, forest, and wildlife clearances. The proposal must include comprehensive details about the project, such as its location, scope, and potential impact on wildlife and their habitats. Key documents such as the Environmental Impact Assessment (EIA) report and the Wildlife Conservation Plan are crucial components of the submission.

Once the application is submitted, it undergoes initial scrutiny by the local Forest Department to ensure completeness and compliance with basic requirements. This is followed by a detailed scoping process where the necessary environmental and wildlife impact assessments are identified. The Terms of Reference (TOR) for these assessments are issued, outlining the specific studies and evaluations required.

The EIA report is a critical document in the approval process, providing a detailed analysis of the potential environmental impacts of the project and proposing mitigation measures. Public consultations are held to gather feedback from local communities and stakeholders, ensuring that their concerns are addressed in the decision-making process.

The application, along with the EIA report and other supporting documents, is then reviewed by the State Wildlife Board and the Standing Committee of the NBWL. These bodies assess the project's environmental impact, the adequacy of the proposed mitigation measures, and the overall feasibility of the project from an environmental perspective.

Based on the reviews and recommendations of these advisory boards, the MoEFCC makes the final decision on whether to grant wildlife clearance. If the project is approved, the clearance is issued with specific conditions that the project developers must adhere to. These conditions often include measures for habitat restoration, wildlife conservation, and ongoing environmental monitoring.

Approval for wildlife clearance is essential for ensuring that development projects are conducted responsibly and sustainably. It ensures compliance with environmental regulations, protects biodiversity, and promotes the sustainable use of natural resources. By obtaining wildlife clearance, project developers can demonstrate their commitment to environmental stewardship and contribute to the long-term conservation of India's wildlife heritage.

Applicability

Applicability of Wildlife Clearance in India is essential for any project that may impact wildlife habitats, ensuring that environmental conservation is integrated into development activities. Projects requiring wildlife clearance typically include:

• Infrastructure Development: Construction of roads, railways, highways, airports, and other infrastructure projects that traverse or are in proximity to wildlife habitats.
• Mining and Quarrying: Extraction activities in areas near wildlife sanctuaries, national parks, and other protected areas.
• Industrial Projects: Establishment of factories, manufacturing units, and other industrial activities located near protected wildlife areas.
• Agricultural Expansion: Large-scale plantations and agricultural activities that encroach upon or are adjacent to wildlife habitats.
• Energy Projects: Development of hydropower plants, thermal power stations, wind farms, and solar energy projects in ecologically sensitive areas.

Obtaining wildlife clearance ensures that these projects are planned and executed in a manner that minimizes their impact on biodiversity, maintains ecological balance, and complies with Indian environmental laws.

Legal Provisions

Legal Provisions Governing Wildlife Clearance include several key legislations aimed at protecting wildlife and their habitats. These laws ensure that projects undergo thorough environmental scrutiny and adhere to sustainable practices. The main legal frameworks are:

1. Wildlife (Protection) Act, 1972: Provides for the protection of wild animals, birds, and plants and ensures the ecological security of the country.
2. Forest (Conservation) Act, 1980: Regulates the diversion of forest land for non-forest purposes.
3. Environment (Protection) Act, 1986: A comprehensive framework for environmental protection and pollution control.
4. Indian Forest Act, 1927: Governs the administration of forest areas and the management of forest produce.
5. Biodiversity Act, 2002: Promotes the conservation of biological diversity and the sustainable use of its components.

These legal provisions collectively ensure that the wildlife clearance process is comprehensive, transparent, and focused on preserving India's biodiversity.

Where to Obtain

Obtaining Wildlife Clearance in India involves submitting an application through the Parivesh Portal, an integrated online platform that facilitates the processing of environmental, forest, and wildlife clearances. The steps to obtain wildlife clearance are as follows:

1. Submission of Application: Project proponents must submit a detailed application on the Parivesh Portal, including comprehensive project details, environmental impact assessments, and wildlife conservation plans.
2. Initial Scrutiny: The local Forest Department conducts an initial review of the application to ensure it meets basic requirements.
3. Review by Wildlife Boards: The application is reviewed by the State Wildlife Board and the Standing Committee of the National Board for Wildlife (NBWL).
4. Public Consultation: Public consultations are held to gather feedback from local communities and stakeholders.
5. Final Decision: Based on the reviews and recommendations, the Ministry of Environment, Forest and Climate Change (MoEFCC) makes the final decision on the wildlife clearance.

By utilizing the Parivesh Portal and engaging with relevant authorities, project developers can navigate the wildlife clearance process efficiently, ensuring compliance with environmental regulations and contributing to the sustainable development of India.

Procedure

Procedure for Wildlife Clearance involves a comprehensive and systematic process designed to ensure that development projects comply with environmental regulations and mitigate their impact on wildlife habitats. Here is a step-by-step guide to the wildlife clearance process:

1. Submission of Application: The first step is to submit a detailed project proposal through the Parivesh Portal. The application must include the project's scope, location, and potential impact on wildlife and habitats. Essential documents like the Environmental Impact Assessment (EIA) report and Wildlife Conservation Plan must be attached.
2. Initial Scrutiny: Once submitted, the application undergoes an initial scrutiny by the local Forest Department. This step ensures that the application is complete and meets the basic requirements set forth by the Wildlife (Protection) Act, 1972.
3. Terms of Reference (TOR) Issuance: The project is then subject to a scoping process where the Terms of Reference (TOR) are issued. The TOR outlines the specific studies and assessments required for the Environmental Impact Assessment (EIA).
4. Environmental Impact Assessment (EIA): Conduct a comprehensive EIA as per the TOR. This assessment evaluates the potential environmental impacts of the project, focusing on wildlife and their habitats. It includes field surveys, data analysis, and consultations with environmental experts.
5. Public Consultation: Engage with local communities and stakeholders through public consultations. This step ensures transparency and allows stakeholders to express their concerns and suggestions regarding the project. The feedback collected is crucial for the decision-making process.
6. Submission of EIA Report: After completing the EIA, the report, along with other necessary documents, is submitted back to the regulatory authority via the Parivesh Portal. The report should detail the findings of the EIA and propose mitigation measures for any identified environmental impacts.
7. Review by State Wildlife Board: The State Wildlife Board reviews the application, EIA report, and other supporting documents. This review involves assessing the project's impact on wildlife, the adequacy of the proposed mitigation measures, and the overall feasibility of the project from an environmental perspective.
8. Standing Committee of NBWL Review: The application is then forwarded to the Standing Committee of the National Board for Wildlife (NBWL). The committee conducts a detailed review and provides recommendations to the Ministry of Environment, Forest and Climate Change (MoEFCC).
9. Recommendation and Decision: Based on the reviews and recommendations from the State Wildlife Board and the Standing Committee of NBWL, the MoEFCC makes the final decision on whether to grant wildlife clearance.
10. Issuance of Wildlife Clearance: If the project is approved, the MoEFCC issues the wildlife clearance with specific conditions that the project developers must adhere to during implementation. These conditions often include measures for habitat restoration, wildlife conservation, and ongoing environmental monitoring.

Documents Required

Checklist of Documents Required for obtaining wildlife clearance includes:

• Detailed Project Report (DPR)
• Environmental Impact Assessment (EIA) Report
• Wildlife Conservation Plan
• No-Objection Certificates (NOCs) from local authorities
• Land ownership or lease documents
• Topographical and site maps
• Compensatory Afforestation Plan
• Proof of public consultation
• Financial and technical project details
• Biodiversity impact assessment report

These documents ensure that the application is comprehensive and provides all necessary information for regulatory review.

Fees

Fees for Wildlife Clearance vary depending on the scale and type of project. Generally, the fees include:

• Application processing fees
• Cost of conducting Environmental Impact Assessments
• Charges for public consultations
• Compensatory afforestation fees
• Fees for wildlife conservation measures

These fees are designed to cover the administrative costs of processing the application and implementing environmental protection measures.

Authority

Authority for Wildlife Clearance primarily lies with the Ministry of Environment, Forest and Climate Change (MoEFCC). The MoEFCC is supported by the State Wildlife Boards, the Wildlife Advisory Board, and the Standing Committee of the National Board for Wildlife (NBWL), which provide detailed reviews and recommendations on wildlife clearance applications.

Application Mode

Application Mode for wildlife clearance is predominantly online through the Parivesh Portal. This integrated online platform simplifies the submission, tracking, and management of wildlife clearance applications, ensuring a streamlined and transparent process. Some supplementary offline submissions may be required based on specific state regulations.

Time Limit

Time Limit for Wildlife Clearance typically ranges from 6 to 12 months, depending on the complexity of the project and the thoroughness of the submitted documentation.

FAQs