The Forest (Conservation) Amendment Act, 2023 amending the Forest (Conservation) Act, 1980 has been given effect from 1st December, 2023. The Ministry of Law And Justice has issued the Forest (Conservation) Amendment Act, 2023 (“Amendment”) by notification in the Official Gazette.
Key Highlights:
1. With the amendment gaining effect the Act will now be called Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980.
2. The lands which will be regulated by this Act and the ones which will not be regulated have now been expressly mentioned, which are as follow:
A. The Act will now cover:
- The land that has been declared or notified as a forest in accordance with the provisions of the Indian Forest Act, 1927 or under any other law for the time being in force;
- the land which are not declared or notified as a forest in accordance with the provisions of the Indian Forest Act, 1927 or under any other law for the time being in force but has been recorded in Government record as forest, as on or after the 25th October, 1980
The above-mentioned conditions will not apply to such land, which has been changed from forest use to use for non-forest purpose on or before the 12th December, 1996 in pursuance of an order, issued by any authority authorised by a State Government or an Union territory Administration in that behalf.
B. The Act will not cover:
- such forest land situated alongside a rail line or a public road maintained by the Government, which provides access to a habitation, or to a rail, and roadside amenity up to a maximum size of 0.10 hectare in each case.
- such tree, tree plantation or reafforestation raised on lands that are not specified list of types of lands to be covered by the Act.
- such forest land:-
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- as is situated within a distance of one hundred kilometres along international borders or Line of Control or Line of Actual Control, as the case may be, proposed to be used for construction of strategic linear project of national importance and concerning national security; or
- up to ten hectares, proposed to be used for construction of security related infrastructure; or
- as is proposed to be used for construction of defence related project or a camp for paramilitary forces or public utility projects, as may be specified by the Central Government, the extent of which does not exceed five hectares in a Left-Wing Extremism affected area as may be notified by the Central Government
3. As per the amendment Act the term “non-forest purpose” will not include any work relating to or ancillary to conservation, development and management of forests and wildlife, such as—
- silvicultural operations including regeneration operations.
- establishment of check-posts and infrastructure for the front-line forest staff.
- establishment and maintenance of fire lines
- wireless communications.
- construction of fencing, boundary marks or pillars, bridges and culverts, check dams, waterholes, trenches and pipelines.
- establishment of zoo and safaris referred to in the Wildlife (Protection) Act, 1972, owned by the Government or any authority, in forest areas other than protected areas.
- eco-tourism facilities included in the Forest Working Plan or Wildlife Management Plan or Tiger Conservation Plan or Working Scheme of that area; and
- any other like purposes, which the Central Government may, by order, specify.
Source: Ministry of Law And Justice
