Biological Diversity Act, 2002

The Biological Diversity Act, 2002 is an act to provide for the conservation of biological diversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the utilization of biological resources.

The act covers the following sub topics:

Conservation of biological diversity
Sustainable use of biological resources
Fair and equitable sharing of benefits arising out of the utilization of biological resources
Establishment of the National Biodiversity Authority
Functions of the National Biodiversity Authority
Establishment of State Biodiversity Boards
Functions of the State Biodiversity Boards
Establishment of Biodiversity Management Committees
Functions of the Biodiversity Management Committees
Duties of the Central Government and the State Governments
Powers of the Central Government and the State Governments
Offences and penalties
Protection of action taken in good faith
Offences by companies
Cognizance of offences
Procedure for prosecution
Appeals
Power to make rules
Power to give directions
Repeal and saving
Short title and commencement
The Biological Diversity Act, 2002 is an act to provide for the conservation of biological diversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the utilization of biological resources.

The act covers the following sub topics:

Conservation of biological diversity
Sustainable use of biological resources
Fair and equitable sharing of benefits arising out of the utilization of biological resources
Establishment of the National Biodiversity Authority
Functions of the National Biodiversity Authority
Establishment of State Biodiversity Boards
Functions of the State Biodiversity Boards
Establishment of Biodiversity Management Committees
Functions of the Biodiversity Management Committees
Duties of the Central Government and the State Governments
Powers of the Central Government and the State Governments
Offences and penalties
Protection of action taken in good faith
Offences by companies
Cognizance of offences
Procedure for prosecution
Appeals
Power to make rules
Power to give directions
Repeal and saving
Short title and commencement

Conservation of biological diversity

The act provides for the conservation of biological diversity through in-situ and ex-situ measures. In-situ conservation is the conservation of biological diversity within its natural habitats and ecosystems, while ex-situ conservation is the conservation of biological diversity outside its natural habitats.

The act also provides for the establishment of protected areas for the conservation of biological diversity. Protected areas are areas of land or sea that are designated for the protection of biological diversity.

Sustainable use of biological resources

The act provides for the sustainable use of biological resources. Sustainable use is the use of biological resources in a way that meets the needs of the present without compromising the ability of future generations to meet their own needs.

The act also provides for the establishment of a National Biodiversity Information System (NBIMS) for the management and dissemination of information on biological diversity.

Fair and equitable sharing of benefits arising out of the utilization of biological resources

The act provides for the fair and equitable sharing of benefits arising out of the utilization of biological resources. This includes the sharing of financial benefits, technological benefits and other benefits.

The act also provides for the establishment of a National Biodiversity Fund (NBF) for the conservation and sustainable use of biological diversity.

Establishment of the National Biodiversity Authority

The act establishes the National Biodiversity Authority (NBA) as a statutory body to oversee the implementation of the act. The NBA is headed by a Chairperson and has a Governing Council.

The NBA has the following functions:

To advise the Central Government on matters relating to the conservation and sustainable use of biological diversity;
To promote and coordinate the implementation of the act;
To issue guidelines and directions to the State Governments and other authorities;
To monitor the implementation of the act;
To undertake research and development in the field of biological diversity;
To provide technical assistance to the State Governments and other authorities;
To promote public awareness of the importance of biological diversity;
To undertake such other functions as may be prescribed.

Establishment of State Biodiversity Boards

The act also establishes State Biodiversity Boards (SBBs) in each State. The SBBs are headed by a Chairperson and have a Governing Council.

The SBBs have the following functions:

To advise the State Government on matters relating to the conservation and sustainable use of biological diversity;
To promote and coordinate the implementation of the act in the State;
To issue guidelines and directions to the local authorities;
To monitor the implementation of the act in the State;
To undertake research and development in the field of biological diversity in the State;
To provide technical assistance to the local authorities;
To promote public awareness of the importance of biological diversity in the State;
To undertake such other functions as may be prescribed.

Establishment of Biodiversity Management Committees

The act also establishes Biodiversity Management Committees (BMCs) at the local level. The BMCs are headed by a Chairperson and have a Governing Council.

The BMCs have the following functions:

To advise the local authorities on matters relating to the conservation and sustainable use of biological diversity at the local level;
To promote and coordinate the implementation of the act at the local level;
To issue guidelines and directions to the local communities;
To monitor the implementation of the act at the local level;
To undertake research and development in the field of biological diversity at the local level;
To provide technical assistance to the local communities;
To promote public awareness of the importance of biological diversity at the local level;
To undertake such other functions as may be prescribed.

Duties of the Central Government and the State Governments

The act provides for the following duties of the Central Government and the State Governments:
Conservation of biological diversity

What is biological diversity?
Biological diversity is the variety of life on Earth. It includes the variety of plants, animals, and microorganisms, as well as the variety of ecosystems in which they live.
Why is biological diversity important?
Biological diversity is important for many reasons. It provides us with food, medicine, and other resources. It also helps to regulate the climate and protect us from natural disasters.
What are the threats to biological diversity?
The main threats to biological diversity are habitat loss, overexploitation, pollution, and climate change.
What can we do to conserve biological diversity?
We can conserve biological diversity by protecting habitats, reducing pollution, and managing resources sustainably.

Sustainable use of biological resources

What is sustainable use?
Sustainable use is the use of natural resources in a way that meets the needs of the present without compromising the ability of future generations to meet their own needs.
Why is sustainable use important?
Sustainable use is important because it helps to ensure that we have a healthy environment for future generations. It also helps to protect biodiversity and the ecosystem services that it provides.
What are some examples of sustainable use?
Some examples of sustainable use include:
Forest management: This involves harvesting trees in a way that allows the forest to regenerate.
Fisheries management: This involves setting limits on the amount of fish that can be caught in order to ensure that fish populations remain healthy.
Water management: This involves using water resources in a way that does not deplete them.

Fair and equitable sharing of benefits arising out of the utilization of biological resources

What is fair and equitable sharing?
Fair and equitable sharing is the principle that the benefits arising from the use of biological resources should be shared fairly and equitably between the people who own or manage those resources and the people who use them.
Why is fair and equitable sharing important?
Fair and equitable sharing is important because it helps to ensure that the people who own or manage biological resources are able to benefit from their use. It also helps to promote conservation and sustainable use of biological resources.
What are some examples of fair and equitable sharing?
Some examples of fair and equitable sharing include:
Benefit-sharing agreements: These are agreements between the people who own or manage biological resources and the people who use them. The agreements set out how the benefits from the use of the resources will be shared.
Access and benefit-sharing legislation: This is legislation that sets out the rules for how biological resources can be accessed and used. The legislation often includes provisions for benefit-sharing.

Establishment of the National Biodiversity Authority

What is the National Biodiversity Authority?
The National Biodiversity Authority (NBA) is a statutory body established under the Biological Diversity Act, 2002. The NBA is responsible for implementing the Act and for promoting the conservation and sustainable use of biological diversity in India.
What are the functions of the NBA?
The functions of the NBA include:
Promoting the conservation of biological diversity
Promoting the sustainable use of biological resources
Promoting the fair and equitable sharing of benefits arising out of the utilization of biological resources
Regulating access to biological resources
Providing technical assistance to the States and Union Territories in implementing the Act

Establishment of State Biodiversity Boards

What is a State Biodiversity Board?
A State Biodiversity Board (SBB) is a statutory body established under the Biological Diversity Act, 2002. The SBB is responsible for implementing the Act in the State and for promoting the conservation and sustainable use of biological diversity in the State.
What are the functions of the SBB?
The functions of the SBB include:
Promoting the conservation of biological diversity in the State
Promoting the sustainable use of biological resources in the State
Promoting the fair and equitable sharing of benefits arising out of the utilization of biological resources in the State
Regulating access to biological resources in the State
Providing technical assistance to the local bodies and other institutions in implementing the Act in the State

Establishment of Biodiversity Management Committees

What is a Biodiversity Management Committee?
A Biodiversity Management Committee (BMC) is a local body established under the Biological Diversity Act, 2002. The BMC is responsible for implementing the Act at the local level and for promoting the conservation and sustainable use of biological diversity at the local level.
What are the functions of the BMC?
The functions of the BMC include:
Promoting the conservation of biological diversity at the local level
Promoting the sustainable use of biological resources at the local level
Promoting the fair and equitable sharing of benefits arising out of the utilization of biological resources at the local level
Regulating access to biological resources at
Question 1

Which of the following is not a sub topic of the act?

(A) Conservation of biological diversity
(B) Sustainable use of biological resources
(C) Fair and equitable sharing of benefits arising out of the utilization of biological resources
(D) Establishment of the National Biodiversity Authority
(E) Establishment of State Biodiversity Boards

Answer

(D)

The National Biodiversity Authority is established under Section 3 of the act. The other sub topics are covered under Sections 4 to 12 of the act.

Question 2

The National Biodiversity Authority is a statutory body established under the Biological Diversity Act, 2002.

Which of the following is not a function of the National Biodiversity Authority?

(A) To promote the conservation of biological diversity
(B) To promote the sustainable use of biological resources
(C) To promote the fair and equitable sharing of benefits arising out of the utilization of biological resources
(D) To regulate access to biological resources
(E) To provide financial assistance to States and Union Territories for the implementation of the act

Answer

(E)

The National Biodiversity Authority does not provide financial assistance to States and Union Territories for the implementation of the act. This function is performed by the Central Government.

Question 3

A State Biodiversity Board is a statutory body established under the Biological Diversity Act, 2002.

Which of the following is not a function of a State Biodiversity Board?

(A) To promote the conservation of biological diversity within the State
(B) To promote the sustainable use of biological resources within the State
(C) To promote the fair and equitable sharing of benefits arising out of the utilization of biological resources within the State
(D) To regulate access to biological resources within the State
(E) To provide financial assistance to local bodies for the implementation of the act within the State

Answer

(E)

The State Biodiversity Board does not provide financial assistance to local bodies for the implementation of the act within the State. This function is performed by the State Government.

Question 4

A Biodiversity Management Committee is a statutory body established under the Biological Diversity Act, 2002.

Which of the following is not a function of a Biodiversity Management Committee?

(A) To promote the conservation of biological diversity within the area of its jurisdiction
(B) To promote the sustainable use of biological resources within the area of its jurisdiction
(C) To promote the fair and equitable sharing of benefits arising out of the utilization of biological resources within the area of its jurisdiction
(D) To regulate access to biological resources within the area of its jurisdiction
(E) To provide financial assistance to individuals for the implementation of the act within the area of its jurisdiction

Answer

(E)

The Biodiversity Management Committee does not provide financial assistance to individuals for the implementation of the act within the area of its jurisdiction. This function is performed by the State Biodiversity Board.

Question 5

The Central Government and the State Governments have certain duties under the Biological Diversity Act, 2002.

Which of the following is not a duty of the Central Government?

(A) To prepare and publish a national biodiversity strategy and action plan
(B) To establish a National Biodiversity Authority
(C) To establish State Biodiversity Boards
(D) To establish Biodiversity Management Committees
(E) To provide financial assistance to States and Union Territories for the implementation of the act

Answer

(C)

The State Governments are responsible for establishing Biodiversity Management Committees. The Central Government is responsible for establishing the National Biodiversity Authority and State Biodiversity Boards.