FAQs
What is convention of Biological Diversity.?
The Convention on Biological Diversity (CBD) is a legally binding multilateral environmental agreement that has 194 contracting Parties (Countries) as its members with three objectives – conservation of biological diversity, sustainable use of the diversity and ensuring fair and equitable sharing of benefits of such use. It has entered into force on 29th December 1993.
We already have a number of Acts relating to forestry, wildlife etc. Why do we need this legislation on biodiversity?
The purpose of the Biodiversity Act is to realize equitable sharing of benefits arising out of the use of biological resources and associated knowledge. The main objectives of the Act are conservation, sustainable use and equitable benefit sharing out of the utilization of bioresources. The Act also covers the protection of traditional knowledge and equitable sharing of benefits arising out of the use of such knowledge.
What is the status of India's biodiversity in comparison with the World?
India is one of the 17-mega biodiversity countries of the world. With only 2.4% of the land area, India already accounts for 7-8% of the recorded species of the world. Over 46,000 species of plants and 81,000 species of animals have been recorded in the country so far by the Botanical Survey of India and the Zoological Survey of India, respectively. India is an acknowledged centre of crop diversity, and harbours many wild relatives and breeds of domesticated animals and fish besides millions of microbial diversity, insects and other species. The ecosystem diversity of India is also unparalleled in comparison with other countries in the world.
What does the Biodiversity Act - 2002 primarily address?
The Biodiversity Act – 2002 primarily addresses issues of conservation, sustainable use of biological resources in the country, issue related to access to genetic resources and associated knowledge and fair and equitable sharing of benefits arising from utilization of biological resources to the country and its people.
What are the implementation structures of Biodiversity Act - 2002?
The Act and the Rules are implemented in India through a decentralized system. A three tiered structure has been established under the Act at the national, state and local levels. At the local level, the Biodiversity Management Committees (BMCs) are to be established by institutions of local self-government for implementation of specific provisions of the Act and Rules. At the state level, the State Biodiversity Boards (SBBs) are established to deal with all matters relating to implementation of the Act and the Rules. At the national level, the National Biodiversity Authority (NBA) is established to deal with all matters relating to implementation of the Act and the Rules. Each of these structure are required to be connected for decision making processes on various issues, including on issues of access and benefit sharing (ABS).
What is the legal status of NBA, SBBs and BMCs?
All of these institutions are statutory, autonomous bodies established under the Biological Diversity Act, 2002.
Is there any overlap in the functions of NBA and SBBs?
There is no overlap in the functions of NBA and SBBs on issues of ABS. Their domains and functions are very distinct from each other. All matters relating to requests by foreign individuals, companies or institutions and all matters relating to transfer of results of research to any foreigner, approvals for intellectual property protection where biological resources and associated knowledge are involved will be dealt with by NBA. All matters relating to access by Indians for commercial purposes will be under the purview of the concerned State Biodiversity Boards. However, the benefit sharing guidelines are to be issued by the NBA.
Do Indian researchers require approval for obtaining biological resource for research purposes?
The Indian researchers neither require prior approval nor need to give prior intimation to SBB for obtaining biological resource for conducting research in India. In case the results are used for commercial purposes, prior intimation to the State Biodiversity Board is required under Section 7 of the Biological Diversity Act 2002
Does the Indian industry need prior approval of the SBB?
Under Section 7 of the Biological Diversity Act, 2002 the Indian industry is required to give prior intimation to the concerned SBB about obtaining the biological resources for commercial utilization. The SBB will have the power to prohibit or restrict any such activity, which violates the objectives of conservation, sustainable use and equitable sharing of benefits.
Does the legislation provide for protection of TK?
The Act covers the traditional knowledge in the preamble itself. It also provides for issues related to traditional knowledge under the umbrella of associated knowledge within various provisions of the Biological Diversity Act, 2002. Rules, 2004.
How is SBB promoting creation of BMCs?
NBA has issued a set of guidelines for the establishment and operationalization of BMCs. It also provides financial support for establishment of BMCs. Working close with the Ministry of Panchayat Raj, NBA has facilitated issuance of a direction from Ministry of Panchayat Raj (Ref No: N – 11011/9/2013 – POL – II of 10th April 2013) that requests all local bodies to establish the BMCs. On a regular basis, NBA and SBBs are organizing orientation, capacity building and awareness programmes for BMCs
What is a PBR?
People’s Biodiversity Register (PBR) is a legal document that contains details of biological resources occurring within a BMC and contains associated knowledge as well. The PBR acts as a source of inventory of biological resources and knowledge and for benefit sharing purposes under the ABS component.
How to develop the PBR?
Under Rule 22 (6) of Biological Diversity Rules, 2004, the BMC needs to develop PBR.The National Biodiversity Authority issued a set of guidelines on developing a PBR in 2009 which was subsequently revised in 2013 based on wide consultations and experiences gained in developing a PBR. Detailed Guidance on how to develop a PBR and the formats can be downloaded from http://nbaindia.org/content/105/30/1/pbr.html.
How does NBA & SBB help preparation of PBR?
NBA, through SBBs, provide financial assistance for preparation of PBRs. Details of such support and guidelines can be accessed from SBB and NBA website.
How does the approval process for IPR work under the Biological Diversity Act?
Section 6(1) provides that prior approval of NBA is necessary before applying for any kind of IPRs in India and outside based on any research or information on a biological resource obtained from India. However, in case of patents, permission of the NBA may be obtained after application is made but before sealing of the patent.
What is the concept of Biodiversity Heritage sites? How are they different from Protected Areas?
Section 37 provides for designating Biodiversity Heritage Sites (BHS). These are areas of biodiversity importance, which harbour rich biodiversity, wild relatives of crops, or areas, which lie outside the protected area network. The purpose is not to cover the already designated protected areas such as national parks and wildlife sanctuaries.
How does the Act address the concern relating to threatened species?
Section 38 provides for notifying threatened species by the SBBs and prohibits or regulates their collection.
Is it necessary to seek SBB’s approval for video graphing and camera trapping to record the behaviour of animals?
No. For an activity to be covered within the scope of Biological Diversity Act, 2002, it should be a regulated activity under either section 3 or 4 or 6 or 20 of the Act. Thus, the activity of “video graphing” and “camera trapping” do not fall within the regulatory scope of the Act and therefore no approval is required from SBB.