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Biodiversity Act and Convention on Biological diversity

India has one of the most extensive networks of protected areas in the world
India is one of the 12 mega biodiversity countries of the world and one among the 192 signatories to the Convention on Biological Diversity (CBD) at Earth Summit in Rio de Janeiro in 1992 And although it is still one of the most biologically diverse countries in the world, the fight to save animal species is only becoming more intense as the population grows

Biodiversity is defined as the variety and variability among living organisms and the ecological complexes in which they occur is measured at three levels viz., genes, species and ecosystem.
(Biodiversity act, 2002)

Convention on Biological Diversity

The United Nations Environment Programme


(UNEP) in the year (1987) recognized the need to streamline international efforts to protect biodiversity

The UNEP Secretariat prepared the first draft and


the formal negotiating process was started in 1991

The Inter-governmental Negotiating Committee for


a Convention on Biological Diversity (INC) was given the task of ensuring the adoption of the Convention.

On May 22, 1992 the nations of the world adopted


the CBD in Nairobi

The Convention on Biological Diversity (CBD) was


negotiated and signed by nations at the UNCED Earth Summit at Rio de Janeiro in Brazil in June 1992

The Convention came into force on December 29,


1993

India became a Party to the Convention in 1994


At present, there are 192 Parties to this
Convention

The primary objectives


Conservation of biological diversity Sustainable use of the components of biodiversity Fair and equitable sharing of benefits arising out of the utilization genetic resources and bio-resources

Taking cognizance of the International Convention on Biodiversity (CBD), and to address the excessive pressure on biodiversity, the Government of India has enacted Biological Diversity Act, 2002 (BDA 2002)

The legislation aims at regulating access to biological resources so as to ensure equitable sharing of benefits arising from their use The Biological Diversity Bill, which was introduced in the Parliament in 15th May, 2000, was referred to the Department related to Science, Technology, Environment & Forests for examination of report

After examination of witnesses and recording evidences, the Standing Committee approved the Bill with some amendments

Cont,,, The Cabinet approved the proposal for moving the official amendments based upon the recommendations of the Committee The Biological Diversity Bill 2002 has been passed by the Lok Sabha on 2nd December, 2002 and by the Rajya Sabha on 11th December, 2002.

(Biological Diversity Bill 2002)

To regulate access to biological resources of the country equitable share in benefits arising out of the use of biological resources To conserve and sustainable use of biological diversity Setting up of National Biodiversity Authority (NBA), State Biodiversity Board (SBB) and Biodiversity Management Committees. (BMCs)

To respect and protect knowledge of local communities traditional knowledge related to biodiversity To secure sharing of benefits with local people as conservers of biological resources and holders of knowledge and information relating to the use of biological resources
Conservation and development of areas of importance from the standpoint of biological diversity by declaring them as biological diversity heritage sites

Protection and rehabilitation of threatened species Involvement of institutions of State Government in the broad scheme of the implementation of the Biological Diversity Act through constitution of committees Protect Indias rich biodiversity and associated knowledge against their use by foreign individuals and organizations without sharing benefits arising out of such use and check Bio-piracy Provisions for notifying heritage sites by State Government in consultation with local body

12 Chapters 65 Sections and many subsections Notified Notifications and Rules


Management structure of Biodiversity Act A three tiered structure at the national, state and local level is envisaged

Chapter I Chapter II Chapter III

Preliminary Terminologies and Definitions Regulations of access to Biological Diversity Establishment of National Biodiversity Authority

Chapter IV
Chapter V

Functions and Powers of National Biodiversity Authority


Approval by the National Biodiversity Authority for understanding certain activities

Chapter VI
Chapter VI Chapter VII Chapter IX Chapter X Chapter XI Chapter XII

Establishment of State Biodiversity Board


Finance, Accounts and Audit of National Biodiversity Authority Finance, Accounts and Audit of State Biodiversity Authority Duties of the Central and State Governments Constitution of State Biodiversity Management Committees Local Biodiversity Fund Miscellaneous

National Biodiversity Authority (NBA)


The Biological Diversity Act, 2002 (Sub-Section (1) (4) of Section 8), the Central Government has established a body called the National Biodiversity Authority, on 1st October, 2003. The main functions of the Authority are : To lay down procedures and guidelines to govern the activities provided under Section 3, 4, and 6. (Permission to foreigners/NRIs foreign companies) For obtaining any biological resource (Section -3) For transferring the results of any research (Section -4). Certain collaborative research projects exempted (Section 5)

State Biodiversity Boards (SBB)


All matters relating to access by Indians for commercial purposes will be under the purview of the State Biodiversity Boards (SBB) The Indian industry will be required to provide prior intimation to the concerned SBB about the use of biological resource

The State Board will have the power to restrict any such activity, which violates the objectives of conservation, sustainable use and equitable sharing of benefits

Biodiversity Management Committees (BMCs)


Institutions of local state government will be required to set up biodiversity management Committees in their respective areas for conservation, sustainable use, documentation of biodiversity and chronicling of knowledge relating to biodiversity. NBA and SBBs are required to consult the concerned BMCs on matters related to use of biological resources and associated knowledge within their jurisdiction

Peoples Biodiversity Register (PBR)


The Register shall contain comprehensive information on availability and knowledge of local biological resources, their medicinal or any other use or any other traditional knowledge associated with them The main function of BMC is to prepare Peoples Biodiversity Registers (PBR) in consultation with the local people.

The documentation of PBR by the BMCs includes information on bio-resources and associated knowledge gathered from individuals Establishment of comprehensive PBRs would not only help to inventories and document the local biological and genetic resources, but also to conserve and sustainably use the bio-cultural diversity for rewarding income generation

(Gadgil 1996, 2006).

Present activities
NBA has, for the first time channelized the royalty amount of 20,000/- to Amarchinta BMC in Mahboobnagar district of Andhra Pradesh for the export of neem leaves to Japan. This is the first case of benefit sharing in the country enabled through NBA which has been accomplished as per the provisions of Biological Diversity Act
MoEF Report 2009 - 10