Protected Area Network | Environment for UPSC CSE PDF Download

1. Protected Areas (Pa)

• The adoption of a National Policy for Wildlife Conservation in 1970 and the enactment of the Wildlife (Protection) Act in 1972 lead to a significant growth in the protected areas network, from 5 national parks and 60 sanctuaries to a network of 669 Protected Areas with geographical area of the country, 4.92%.
• The net work was further strengthened by several national conservation projects, notably Project Tiger, project elephant, crocodile Breeding and Management Project, etc.

2. Wild Life Sanctuary (WLS)

• The Wild Life (Protection) Act of 1972 provided for the declaration of certain areas by the State Government as wildlife sanctuaries if the area was thought to be of adequate ecological, geomorphological and natural significance.

What is a National Park (NP)?

• The Wild Life (Protection) Act (W PA) of 1972 provided for the declaration of National Parks by the State Government in addition to the declaration of wildlife sanctuaries.
• National Parks are declared in areas that are considered adequate ecological, geomorphological and natural significance although within the law, the difference in conservation value of a National Park from that of a sanctuary is not specified in the WPA 1972.

Difference between the NP and a sanctuary?

• National Parks enjoy a greater degree of protection than sanctuaries.
• Certain activities which are regulated in sanctuaries, such as grazing of livestock, are prohibited in National Parks.
• Wildlife sanctuary can be created for a particular species (for e.g. grizzled giant squirrel w.l.s in srivalliputhur) whereas the national park is not primarily focused on a particular species.
• The Central Government may also declare, Wild Life Sanctuary and National Park under certain conditions

General Provision for Sanctuary and National Park

➤ Declaration of the Protected Area by the State Government

• Initial Notification: The State Government may, by notification, declare its intention to constitute any area within or outside any reserve forest as a sanctuary / National Park if it considers that such area is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance, to protect, propagate or developing wild life or its environment.
• Final Notification: After the initial notification has been issued and the period for preferring claims has elapsed, the State Government may issue a notification specifying the limits of the area which shall be comprised within the sanctuary and declare that the said area shall be a sanctuary / National park from such date as may be specified in the notification.

➤ Declared by the Central Government

• The Central Government may, if it is satisfied that an area is of adequate ecological, faunal, floral, geomor-phological, natural or zoological significance, to protect, propagate or develop wild life its environment, declare it a sanctuary / National Park by notification.

➤ Boundaries

• The notification shall specify, as nearly as possible, the situation and limits of such area.
• In cases where territorial waters are included, the limits shall be determined in consultation with the Chief Naval Hydrographer of the Central Government, after taking adequate measures to protect the local fishermen's occupational interests.
• No alteration of boundaries of a sanctuary / National Park shall be made except on the National Board for Wild Life's recommendation.
• (The Amendment Act of 1991 provided for the inclusion of territorial waters in areas to be declared as sanctuaries for protecting off-shore marine flora and fauna).

➤ Settlement of rights

• The State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records.
• The State Government appoints an officer as a ‘Collector’ under the Act to inquire into and determine the existence, nature and extent of rights of any person in or over the land comprised within the sanctuary/ National Park which is to be notified.
• After the issue of a notification for declaration of the Protected Area, no right shall be acquired in, on or over the land comprised within the limits of the area specified in such notification, except by succession, testamentary or intestate.

➤ Claim of rights

• In the case of a claim to a right in or over any land referred to, the Collector shall pass an order admitting or rejecting the same in whole or in part
• If such claim is admitted in whole or in part, the Collector may either
  (a) exclude such land from the limits of the proposed sanctuary or
  (b) proceed to acquire such land or rights, except where by an agreement between the owner of such land or holder of rights and the Government, the owner or holder of such rights has agreed to surrender his rights to the Government, in or over such land, and on payment of such compensation, as is provided in the Land Acquisition Act, 1894
  (c) allow, in consultation with the Chief Wild Life Warden, the continuation of any right of any person in or over any land within the limits of the sanctuary

➤ Entry into the Protected Area

• No person other than:
  (a) A public servant on duty
  (b) A person who has been permitted by the Chief Wild Life Warden or the authorized officer to reside within the limits of the sanctuary / National Park
  (c) A person who has any right over immovable property within the limits of the sanctuary / National Park
  (d) A person passing through the sanctuary / National Park along a public highway
  (e) The dependents of the person referred to in clause (a), (b) or (c) above,
• Shall enter or reside in the sanctuary / National Park, except under and under the conditions of a permit granted.