Wetlands Rules, 2017

Why in news?

The Ministry of Environment, Forests and Climate Change has recently notified the Wetlands Rules, 2017.

What are the notable provisions?

• Definition - Wetlands are defined as an area of marsh, fen, peatland or water.
• It could be natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt.
• It includes areas of marine water the depth of which at low tide does not exceed six metres.
• The rules apply to:

1. wetlands categorised as “wetlands of international importance” under the Ramsar Convention.
2. wetlands as notified by the central and state governments and UT administration.

• Management - The new Rules farm out wetland management to states and union territories.
• The State or UT Wetlands Authority will have to prepare a list of all wetlands and a list of wetlands to be notified, within specified time.
• However, it is up to the states to decide which wetlands are to be notified.
• A comprehensive digital inventory of all wetlands is to be prepared within a year.
• CWRA - The new riles have done away with the earlier Central Wetlands Regulatory Authority (CWRA) entirely.
• CWRA has been replaced by the National Wetland Committee, which has a merely advisory role. These include -

1. advising the central government on proposals received from states/UTs for “omission of the prohibited activities”.
2. prescribing norms and guidelines for integrated management of wetlands based on wise-use principle.
3. recommending trans-boundary wetlands for notification.
4. reviewing the progress of integrated management of Ramsar Convention sites.

• Restrictions - As per the new rules, encroachments on wetlands have been banned.
• It also prohibits solid waste dumping, discharge of untreated waste and effluents from industries and human settlements.
• It says that conservation and management would be based on the principle of ‘wise use’, which is to be determined by the Wetlands Authority.

What are the shortfalls?

• Definition - The 2010 Rules included in the definition of wetlands all inland waters such as lakes, reservoir, tanks, backwaters, lagoon, creeks, estuaries, etc.
• It also included man-made wetland and the zone of direct influence on wetlands.  
• However, the 2017 Rules are not as comprehensive as this.
• It does not include river channels, paddy fields, human-made water bodies/tanks specifically for drinking water purposes, aquaculture, salt production, recreation and irrigation purposes.
• It also do not include wetlands under forest and coastal regulation zones..
• Management - There were lethargic response from states and UTs, in the past, on wetlands protection.
• So devolving management to states and UTs could be ineffective
• Restrictions - The term ‘wise use’ is subjective and could dilute the earlier restrictions.
• There is also no timeline specified for phasing out solid waste and untreated waste from being dumped into wetlands.
• The restrictions on “any other activity likely to have an adverse impact on the ecosystem of the wetland”, are not specified clearly in the Rules.
• Appeal – The older provision of appealing to the National Green Tribunal does not exist in the 2017 Rules.

Source: The Indian Express