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Report No. 171

Chapter IV

Functions and Powers of The National Authority

10. Functions of National Authority.-

(1) Subject to such directions as may be issued by the Central Government under this Act, it shall be the responsibility of the National Authority to undertake and implement measures as may be required for an effective implementation of this Act and for that purpose to make appropriate orders and give appropriate directions for the protection of biodiversity of India and its sustainable use.

(2) Without prejudice to the generality of the powers conferred under sub-section(1), the National Authority shall take steps to,-

(a) identify componments of biological diversity important for its conservation and sustainable use having regard to (i) ecosystems and habitats containing high diversity, large numbers of endemic or threatened species, or wilderness, those required by migratory species or which are of social, economic, cultural or scientific importance or, which are representative, unique or associated with key evolutionary or other biological processes; (ii) species and communities which are threatened and wild relatives of domesticated or cultivated species or which are of medicinal, agricultural or other economic value or of social, scientific or cultural importance or of importance for research into the conservation and sustainable use of biological diversity, such as indicator species; and (iii) described genomes and genes of social, scientific or economic importance;

(b) monitor through sampling and other techniques, the components of biological diversity identified pursuant to clause (a) above, paying particular attention to those requiring urgent conservation measures and those which offer the greatest potential for subtainable use;

(c) identify processes and categories or activities which have or are likely to have significant adverse impacts on the conservation and sustainable use of biological diversity, and monitor their effects through sampling and other techniques; and

(d) maintain and organize, by any mechanism, the data derived from the identification and monitoring activities pursuant to clauses (a), (b) and (c) above;

(e) establish a system of protected area or areas where special measures need to be taken to conserve biological diversity in co-ordination with the concerned authorities in environmental, forest and other concerned sectors;

(f) develop, where necessary, guidelines for the selection, establishment and management of protected area or areas where special measures need to be taken to conserve biological diversity;

(g) regulate or manage biological resources important for the conservation of biological diversity whether within or outside protected areas, with a view to ensuring their conservation and sustainable use and to establish a system of registry of all biological and genetic resources available within the country and containing such particulars as may be prescribed;

(h) promote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings;

(i) promote environmentally sound and sustainable development in areas adjacent to protected areas with a view to furthering protection of these areas;

(j) rehabilitate and restore degraded ecosystems and promote the recovery of threatened species, inter alia, through the development and implementation of plans or other management strategies;

(k) establish or maintain means to regulate, manage or control the risks associated with the use and release of living modified organisms resulting from biotechnology which are likely to have adverse environmental impacts that could affect the conservation and sustainable use of biological diversity, taking also into account the risks to human health;

(l) prevent the introduction of, and control or eradicate alien species which threaten ecosystems, habitats or species;

(m) endeavour to provide the conditions needed for compatibility between present uses and conservation of biological diversity and the sustainable use of its components;

(n) preserve and maintain knowledge, innovations and practices of local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices; identify the owners of biological resources and make appropriate orders regarding benefit sharing subject to the provisions of section 18;

(o) develop and maintain necessary regulatory provisions for the protection of threatened species and populations;

(p) adopt measures for the ex-situ conservation of components of biological diversity;

(q) establish and maintain facilities for ex-situ conservation of and research on plants, animals and micro-organisms;

(r) adopt measures for the recovery and rehabilitation of threatened species and for their reintroduction into their natural habitats under appropriate conditions;

(s) regulate and manage collection of biological resources from natural habitats for purposes of ex-situ conservation and so as not to threaten ecosystems and in-situ populations of species, except where special temporary ex-situ measures are required under subparagraph (c) above.

(t) Integrate, as far as possible, and as appropriate, the conservation and sustainable use of biological diversity into relevant sectoral or cross-sectoral plans, programmes and policies;

(u) undertake measures for environmental impact assessment of proposed projects that are likely to have adverse effects on biological diversity with a view to avoiding or minimising such effects and, where appropriate, allow public participation in such procedures;

(v) undertake steps for inventorisation and monitoring of components of biodiversity and of processes adversely impacting it, for restoration of degraded ecosystems and recovery of endangered species and for developing educational and public awareness programmes with respect to conservation and sustainable use of biodiversity;

(w) take measures to regulate, manage and control the risks associated with the use and release of living modified organisms resulting from biotechnology which are likely to have adverse environmental impacts that could affect the conservation and sustainable use of biological diversity, taking also into account the risks to human health.

(x) establish and maintain programmes for scientific and technical education and training in measures aimed at the identification, conservation and sustainable use of biological diversity and its components and provide support for such education and training for the specific needs of each State;

(y) promote and encourage research which contributes to the conservation and sustainable use of biological diversity, in each state;

(z) promote and cooperate in the use of scientific advances in biological diversity, research in developing methods for conservation and sustainable use of biological resources.

(za) notify, in consultation with the Central Government, national parks and other units of conservation;

(zb) such other functions as may be assigned to it by the Central Government.



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