Wildlife Clearance Certificate / License

Wildlife plays an important role in conserving & maintaining ecological balance. The first comprehensive legislation related to the conservation and protection of wildlife was passed by the Government on 9th September 1972.

Wildlife is the most precious gift of God to earth. The term “Wildlife” not only includes Wild animals but also includes all other undomesticated animals like birds, insects, reptiles, molluscs etc. Every animal has its value & place in the food chain. If any animal disappears from the food chain then the whole chain would undergo drastic changes. Together all these food chain results in the food web.

At present, many animals are at risk of becoming endangered due to the increasing activity of humans; we are interfering in their habitat. Development projects and farming by humans are some of the reasons for habitat destruction. Poaching & hunting for animal fur, meat, and leather are some of the most obvious reasons for wildlife extinction.

Wildlife Clearance is a clearance or permission required as per a Supreme Court order to establish any industry or development projects within a 10 km radius of any protected area from the National Board of Wildlife (NBWL), Ministry of Environment Forest & Climate Change (MoEF & CC). The term Wildlife Clearance is introduced in the Wildlife Protection Act, to protect the wildlife & their habitat.

What is Wildlife Protection Act?

Wildlife Protection Act is the act of the Parliament of India enacted for the protection & conservation of wildlife or it can be defined as an act that provides for the protection of wildlife.

According to Wildlife Protection Act, of 1972 an "animal" involves all land animals, aquatic animals, leaves, insects and reptiles and their young ones, and also involves their eggs.

The goals of the Wildlife Protection Act are:

• To protect wildlife
• To stop illegal hunting & poaching of wildlife
• To conserve the wildlife habitat
• To provide medical care to wild animals
• To restrict the trade of wild animals and their product

Protected Areas for Wildlife

According to the Wildlife Protection Act, some areas are provided for the protection & conservation of wildlife & these areas are called wildlife-protected areas. Wildlife Protected Areas include National Parks, Wildlife Sanctuaries, Zoological Parks and Biosphere Reserves.

National Parks

• National Parks have protected areas with boundaries defined by the government
• National Parks not only protect animals but also the entire ecosystem
• Human Activities are not allowed here at all
• They are under surveillance by the government only.
• There are 104 national parks in India accounting for an area of 40501.13 km2

Wildlife Sanctuaries

• Wildlife Sanctuaries are protected areas with boundaries not exactly defined
• Wildlife Sanctuaries are only for wildlife protection
• Human Activities are allowed bit to some extent like grazing, collection of herbs, fodder & fuel
• They may be catered by government & private body
• Wild animals are protected in their dwelling environment
• There are 551 existing wildlife sanctuaries in India accounting for an area of 119775.80km2

Zoological Park

• Zoological Parks have protected areas with an area less than as compared to other protected areas
• Animals are protected in human-made habitat
• Boundaries are defined
• At present, there are 1800 zoological parks in India

Biosphere Reserve

• Biospheres Reserves are protected areas having comparatively larger areas as compared to other protected areas with fixed boundaries
• Biosphere Reserve protects the entire biodiversity (flora & fauna)
• There are 3 zones in Biosphere Reserve i.e. core zone, buffer zone & transition zone
• No human activities are allowed in the core zone, core zone is the most sensitive zone
• However, human activities may be allowed in buffer zone & transition zone
• They are solely owned by the government
• There are 18 biosphere reserves in India

Environmental laws applicable for Wildlife Clearance

Before any project proponent starts activity in a Wildlife Protected Area land, he/she shall apply for Wildlife Clearance. The Concerned department after scrutinizing all the documents of the project proponent decides to grant or reject the permission.

The important central Wildlife legislations in India are:

• The Wildlife Rules, 1973
• The Wildlife Central Rules, 1973
• The Wildlife (Protection) Licensing Rules, 1983
• Recognition of Zoo Rules, 1992
• The Wildlife (Protection) Rules, 1995
• The Wildlife (Specified Plants- Conditions) Rules, 1995
• The Wildlife (Specified Plant) Central Rules, 1995
• The Declaration of Wild Life Stock Rules, 2003
• The National Board for Wildlife Rules, 2003

As the population is increasing day by day for catering the need of increased population, resources shall also be increased and by this, industrialization & development is increasing at a very high rate to fulfil the needs of everyone.

For new projects, industries, and institutions land has to be required; some project requires the diversion of the nearby area of Wildlife Protected Areas. After getting permission from the concerned department only then Wildlife Protected Areas can be diverted or nearby area of wildlife-protected areas can be used for developmental activities.

 Wildlife Clearance is a very crucial process & it takes time because every aspect of the project is been carefully studied & after scrutinizing all the documents the MoEF & CC grant permission or reject the proposal.

The GOI (MoEF & CC) with the National Board of Wildlife (NBWL) survey the Wildlife Protected land which is supposed to be diverted for development purposes.

The Survey report consists of:

• Area of Nearby Land required for the development purpose
• Number of plant species affected
• Number of animals affected
• Number of people affected
• Effect on the land, water & air of the particular place
• Distance of land from the Human settlement area
• Distance from the Highway
• Distance from the nearest city
• Distance from the nearest water body
• The area affected by the Project
• Several people benefitted
• Compensation for the forest area affected
• Area of green belt development

The following activities require Wildlife Clearance: 

Activities inside Wildlife Sanctuaries

Any kind of destruction /damage /removal of wildlife species or diverting the habitat of any wild animal including removal of forest produce or diverting/ stopping enhancing the flow of water into or outside the wildlife sanctuary.

Activities inside National Parks

Any kind of destruction /damage /removal of wildlife species or diverting the habitat of any wild animal including removal of forest produce or diverting/ stopping enhancing the flow of water into or outside the National Park.

Activities within 10 Km from boundaries of National Parks and Wildlife Sanctuaries

The Ministry of Environment and Forests has issued a circular that Environmental Clearances for all those projects that fall within a 10 km boundary of the National Parks, Sanctuaries or wildlife-protected areas will be subject to the recommendation of the Standing Committee of National Board of Wildlife (NBWL).

• Any person or agency going to establish industry or other developmental activities or any other non-forestry activities within and 10 km from any National Protected Area Network (PAN), can apply for wildlife clearance.
• The Project Proponent has to apply to the Ministry of Environment Forest & Climate Change and fill up Part-I and Part-II and submit it. The application is then automatically forwarded to the Divisional Forest Officer/Deputy Conservator of Forest/Park Manager of the concerned Protected Area.
• The proposal submitted by User Agency is going to be forwarded to the involved DFO/Wild Life Warden.
• DFO scrutinizes the proposal & sends an Associate in Nursing acceptance letter to the Project exponent if all relevant documents square measure uploaded properly by U.A.
• If any document is not provided by the user agency or any other information is needed, DFO may ask U.A. to upload that missing information.
• The process will start only when DFO accepts the proposal. When DFO sends the acceptance letter to the Project proponent proposal details are forwarded automatically to all the DFOs involved in the proposal for their necessary action.
• When DFO uploads his/her comments and Site Inspection Reports, proposal details are forwarded automatically to the concerned Chief Wildlife Warden (CWW) for the necessary action.
• CWW can view the proposal and comments of the DFO After that, he/she uploads his/her comments and Site Inspection report and the proposal will be forwarded to the State Government level.
• State Government (SG) level users can view the proposal and comments of the DFO and CWW and then process it.  After that, he/she uploads comments of the State Board of Life (SBWL) on the portal together with government reports/comments.
• Once, these are conveyed, the proposal is forwarded to Head Office (Wildlife), New Delhi.
• After receiving the proposal from State Government (SG), the MoEF & CC can view the proposal (Form-A submitted by the project proponent) and comments of the DFO, CWW, SBWL and State Government. 
• HO (Wildlife), then processes it for the approval of the Competent Authority of MoEF & CC.  After taking approval from the Concerned Authority, he/she has to convey the status of the proposal and update the comments and letter of the National Board of Wildlife.

Timeline for processing forest clearance proposal