Forest (Conservation) Amendment Bill 2023 cites 1996 Supreme Court judgment

This Bill amends the Forest (Conservation) Act, 1980 to clarify which lands are covered by the law and to exempt specific categories of land, such as those used for national security projects or roadside amenities, from its provisions. It aims to align forest conservation with national climate goals, such as Net Zero Emissions by 2070, while facilitating strategic infrastructure and improving livelihoods for forest-dependent communities.

The law affects State Governments, Union Territory Administrations, and any authority or organization (including private entities) that seeks to use forest land for non-forest purposes, lease forest land, or undertake activities like surveys or construction on lands recorded as forests or notified under the Indian Forest Act, 1927.

• Inserts a new preamble referencing national targets for Net Zero Emission by 2070 and carbon sink creation.
• Changes the short title of the Act to 'Van (Sanrakshan Evam Samvardhan) Adhiniyam'.
• Defines covered land as land notified under the Indian Forest Act, 1927, or recorded in Government records as forest on or after October 25, 1980.
• Exempts specific lands from the Act, including: roadside amenities up to 0.10 hectares; tree plantations on non-forest lands; and strategic/security projects within 100 km of international borders/LoC/LoAC (up to 10 hectares for security infrastructure, 5 hectares in LWE areas).
• Allows the Central Government to specify terms and conditions for exemptions, including mandatory tree planting to compensate for felling.
• Expands the definition of 'non-forest purpose' to exclude conservation-related works like silvicultural operations, fire lines, and eco-tourism facilities included in management plans.
• Empowers the Central Government to specify conditions under which surveys (e.g., seismic, prospecting) are not treated as non-forest purposes.
• Grants the Central Government the power to issue directions to any authority or organization for the implementation of the Act.

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