The Ministry of Environment, Forest, and Climate Change notified the Van (Sanrakshan Evam Samvardhan) Rules, 2023.34 These Rules replace the Forest (Conservation) Rules, 2022.35 The Rules have been notified under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 (i.e., the Forest Conservation Act, 1980).36,37 The Act restricts the dereservation of forest or use of forest land for certain non-forest purposes. Such restrictions may be lifted with the prior approval of the central government. The 2023 Rules specify procedure and timeline for approval of projects by the central government, compensatory afforestation, and initiation of proceedings against offences. Key features of the Rules include:
Process for in-principle approval: The central government will provide approval in two stages: (i) in-principle approval, and (ii) final approval. It will set up Regional Offices for in-principle approval for certain types of projects. These include: (i) linear projects, (ii) hydro-electric power projects up to 25 MW capacity subject to certain other conditions, and (iii) forest land up to 40 hectares. In-principle approval for certain other types of projects will be provided by the central government. These include: (i) mining, (ii) dereservation, (iii) hydro-electric power projects above 25 MW capacity, and (iv) regularisation of encroachment. The central government will constitute an Advisory Committee for this purpose. The Committee will be chaired by the Director General of Forests. It will have certain officials and experts as members.
Final approval: The central government will provide the final approval after receiving a compliance report from the state government. The report will ascertain the payment of compensatory levies and award for land for compensatory afforestation under the Compensatory Afforestation Fund Act, 2016.
Proceedings against offences: For filing complaints of violation of the Act in the Court, the central government may authorise an officer of the rank of Divisional Forest Officer, or Deputy Conservator of Forests of the state government, and above.
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