THE BIOLOGICAL DIVERSITY ACT 2002

The biodiversity is one of the important areas in international trade scenario. Bbiological diversity is a national asset of a country. Hence the conservation of biodiversity assumes greater significance. The fist attempt to bring the biodiversity in to the legal frame work was made by way of The Biodiversity bill 2000 which was passed by the Lok Sabha on 2nd December 2002 and by Rajya Sabha on 11th December 2002.

Objectives of the Act

• To conserve the biological diversity
• Sustainable use of the components of biodiversity
• Fair and equitable sharing of benefit arising out of the use of the biological diversity

National Biodiversity Authority

A National Biodiversity Authority has been established by the Bio-diversity Act 2002 to regulate the matters pertaining to the bio diversity. And its head office at Chennai and has offices at various regions.

Chairperson - An eminent person having experience in the area of conservation and sustainable use of biological diversity

Three ex officio members

• Ministry of Tribal Affairs -1
• Ministry Environment and Forests - Additional Director General of Forests or the Director General of Forests -2

Seven members representing Ministries           

• Agricultural Research and Education
• Biotechnology
• Ocean Development
• Agriculture and Cooperation
• Indian Systems of Medicine and Homoeopathy
• Science and Technology
• Scientific and Industrial Research

Five non‑official members experience in matters relating to conservation of biological diversity

Functions and powers of National Biodiversity Authority

• Prepare guidelines and approval for accessing biological resources and for fair and equitable benefit sharing.
• Advise the Central Government on conservation of biodiversity, sustainable use of its components and equitable sharing
• Advise the State Governments in the selection heritage sites and measures for the management of such heritage sites.
• The National Biodiversity Authority has the power to oppose the grant of intellectual property rights in any country outside India on any biological resource obtained from India or knowledge associated with such biological resource which is derived from India.

State Biodiversity Board

The Act establishes of Boards for different States known as the State Biodiversity Board.

The Board consists of the following members:

• Chairperson having experience in the area of conservation and sustainable use of biological diversity
• Five ex officio members from various government department
• Five members from amongst experts in the area of conservation of biological diversity,

The concerned state government fixes the head office of the State Biodiversity Board.

Functions of State Biodiversity Board

• Advise the State Government, on matters relating to the conservation of biodiversity, sustainable use of its components and equitable sharing of the benefits arising
• Regulation of commercial utilization or bio‑survey and bio‑utilization of any biological resource by Indians;

The important provisions of the Act.

• Prohibition on transfer of Indian genetic material outside the country, without specific approval of the Indian Government; 
• Prohibition on anyone claiming an Intellectual Property Right (IPR), such as a patent, over biodiversity or related knowledge, without permission of the Indian Government;
• Regulation of collection and use of biodiversity by Indian nationals, while exempting local communities from such restrictions; 
• Measures for sharing of benefits from the use of biodiversity, including transfer of technology, monetary returns, joint Research & Development, joint IPR ownership, etc.; 
• Measures to conserve and sustainably use biological resources, including habitat and species protection, environmental impact assessments (EIAs) of projects, integration of biodiversity into the plans, programmes, and policies of various departments/sectors;
• Provisions for local communities to have a say in the use of their resources and knowledge, and to charge fees for this;
• Protection of indigenous or traditional knowledge, through appropriate laws or other measures such as registration of such knowledge;
• Regulation of the use of genetically modified organisms;
• Setting up of National, State, and Local Biodiversity Funds, to be used to support conservation and benefit-sharing
• Setting up of Biodiversity Management Committees (BMC) at local village level, State Biodiversity Boards (SBB) at state level, and a National Biodiversity Authority (NBA).