The conflict behind eco-sensitive zones
- January 19, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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The conflict behind eco-sensitive zones
Subject : Environment
Section : Environmental Laws
Concept :
- Creation of Ecologically sensitive zones (ESZ) across the country has led to protests in states such as Kerala and other regions.
- The Supreme Court in June 2022 gave its directions on ESZs wherein the Court held that the MoEFCC guidelines must be implemented in the area proposed in the draft notification awaiting finalisation and within a 10-km radius of yet-to-be-proposed protected areas.
Eco-Sensitive Zones
- Eco-Sensitive Zones (ESZs) are also known as Ecologically Fragile Areas (EFAs).
- Eco-sensitive zones are areas notified by the MoEFCC around Protected Areas, National Parks and Wildlife Sanctuaries.
- The purpose of declaring ESZs is to create some kind of “shock absorbers” to the protected areas by regulating and managing the activities around such areas.
- As per the National Board for Wildlife NBWL, the delineation of eco-sensitive zones have to be site-specific, and the activities should be regulative in nature and not prohibitive unless required.
- The basic aim is to regulate certain activities around National Parks and Wildlife Sanctuaries to minimize the negative impacts of such activities on the fragile ecosystem encompassing the protected areas.
- They also act as a transition zone from areas of high protection to areas involving lesser protection.
Implementation of Ecologically sensitive zones (ESZs)
- According to the Wildlife Conservation Strategy of 2002 areas within 10 km of the boundaries of protected areas must be notified as ecologically fragile zones under Section 3(2)(v) of the Environment Protection Act 1986 and its Rules 5(viii) and (x).
- The MoEFCC was entrusted to undertake measures to protect the environment by regulating and prohibiting industries, operations and processes.
- However, Rule 5(1)(vi) had provisions for permitting environmentally compatible land-use in areas around protected areas.
- Further, the National Board for Wildlife (NBWL) in 2005 decided to define site-specific ESZs to regulate specific activities instead of a blanket ban on them. Thus, the MoEFCC directed the States and UTs to propose ESZs.
- As per the guidelines of the MoEFCC, in order to declare areas as ESZs, a committee consisting of the Wildlife Warden, an ecologist, and an official from the local government was to determine the extent of each ESZ.
- The Chief Wildlife Warden was entrusted with the task of preparing a list of those activities that are to be prohibited or restricted or that can be allowed with additional safeguards.
- Later, the State government must submit this list along with the geographical description, biodiversity values, the rights of local communities, their economic potential and implications for their livelihoods, as a proposal to the MoEFCC for notification.
- Further, the State government is mandated to come up with a draft Zonal Master Plan within two years of notification.