MoEF brings out draft on new Wetlands Rules, seeks creation of state authorities

The Union environment and forest ministry has come out with a draft of the new Wetlands Rules, 2016, on the basis that the earlier version from 2010 saw uniformly poor implementation across states with the exception of Odisha. Last year on May 5, 2016, dna was the first to report that the ministry was in the process of revamping the 2010 Rules. The environment and forest ministry will seek suggestions and objections on the draft over the next two months. 

As per the new Rules, state governments and union territories would now have to form a wetland authority comprising of top secretaries from various departments such as environment, urban development, rural development, water resources, fisheries, irrigation, tourism along with experts from each field. The 2010 Rules did not mandate creation of a state wetland authority. The state wetlands authority will be responsible for identifying wetlands to be notified which would then be forwarded to Centre. 

The new draft has omitted some types of wetlands that were protected in the 2010 version. Wetlands located within a UNESCO world heritage sites such the mountain chain of Western Ghats and high altitude wetlands that were protected under 2010 Rules find no mention in the new draft. Also, when it comes to activities that are prohibited in wetlands a few changes have been made. Unlike the 2010 rules, which specified that activities such as solid waste dumping, storing of hazardous material, setting up of new industries, discharge of untreated waste and effluents is prohibited in wetlands the new draft rules do not spell out the list of activities prohibited. While retaining the prohibition on reclamation of wetlands, the 2016 draft states that only those activities “likely to have an adverse impact on ecological character of the wetland” would be prohibited, leaving the scope of protection ambiguous. draft has omitted some types of wetlands that were protected in the 2010 version. Wetlands located within a UNESCO world heritage sites such the mountain chain of Western Ghats and high altitude wetlands that were protected under 2010 Rules find no mention in the new draft. Also, when it comes to activities that are prohibited in wetlands a few changes have been made. Unlike the 2010 rules, which specified that activities such as solid waste dumping, storing of hazardous material, setting up of new industries, discharge of untreated waste and effluents is prohibited in wetlands the new draft rules do not spell out the list of activities prohibited. While retaining the prohibition on reclamation of wetlands, the 2016 draft states that only those activities “likely to have an adverse impact on ecological character of the wetland” would be prohibited, leaving the scope of protection ambiguous. 

The Wetland (Conservation and Management) Rules, 2010, were the first of its kind, notified under the United Progressive Alliance government to identify and conserve wetlands and ensure that they are not degraded. Marshes, peatlands, man-made reservoirs, tanks, lakes, inter-tidal area all qualify as wetlands and they serve as a rich habitat for birds, aquatic life. They are also economically beneficial as a source of food, drinking water and livelihood for farmers and fishermen. 

While the 2010 Rules provided a much need legal framework for protection of wetlands, the union environment and forest ministry under NDA government saw that it needed tweaking to get the states to implement it efficiently. Earlier, the state governments were asked to prepare a ‘Brief Document’ within a year after the 2010 Rules came into effect, identifying and classifying the wetlands within their states. Five years after the Rules came into effect, Odisha was the only state that prepared and submitted the brief document. Ministry officials said that states would get proposals approved to fund protection of wetlands but implementation was poor. 

Under the Ramsar convention of 1971, named after an international treaty signed in Ramsar, Iran in 1971 for protection of wetlands India has identified 25 wetlands. Asthamudi wetlands in Kerala, Bhitarkanika mangroves and Chilika lake in Odisha, East Kolkata wetlands, Kolleru lake in Andhra Pradesh and Vembnad-Kol wetlands are some of the most famous wetlands of the country.