How will the Supreme Court order impact mining around Ramsar wetland sites?, Pg11

Key Highlights:

• The Supreme Court has clarified that its February 2024 directive, requiring prior approval for mining within a 10-km radius of the Asan Wetland Conservation Reserve, will now extend to all wetland conservation reserves across India.
• This ruling mandates that any mining activity within this 10-km buffer zone around wetland conservation reserves must first obtain permission from the Standing Committee of the National Board for Wildlife (NBWL) and/or the Ministry of Environment, Forest and Climate Change (MoEFCC).
• The clarification came in response to an application from the Himachal Pradesh government, which argued against the automatic application of the Asan case principle to its territory.
• The Asan Wetland Conservation Reserve in Uttarakhand, designated a Ramsar site in 2020, is located at the confluence of the Asan and Yamuna rivers.
• India currently has 101 Ramsar sites, with Glaw Lake in Arunachal Pradesh becoming the 101st on August 3, 2026.

Detailed Insights:

• The Supreme Court's decision aims to establish parity in environmental protection for all wetland conservation reserves, recognizing their ecological significance.
• The Ramsar Convention, an international treaty adopted in 1971, designates wetlands of international importance, but this designation does not create a separate statutory protection regime under Indian law.
• The Wetlands (Conservation and Management) Rules, 2017, which replaced the 2010 rules, decentralized wetland management to State Wetland Authorities and removed explicit lists of prohibited activities.
• The constitutional validity of the 2017 Rules is currently under challenge before the Supreme Court, with petitioners arguing they weaken protections and exclude certain wetland types.
• For national parks and wildlife sanctuaries, mining is prohibited under the Wildlife (Protection) Act, 1972, and the Supreme Court has mandated a 1-km buffer zone, or a larger Eco-Sensitive Zone (ESZ) if notified.
• Diversion of forest land for mining requires prior approval from the Union government under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980.
• All mining projects are generally subject to environmental clearance under the Environment Impact Assessment Notification, 2006.
• Wetland Conservation Reserves are legally designated areas under the Wildlife (Protection) Act, 1972, aimed at protecting ecologically significant wetlands.

Key Concepts Involved:

• Ramsar Sites: Wetlands designated under the Ramsar Convention for their international importance, committing signatory nations to their conservation and wise use.
• Wetland Conservation Reserve: A protected area notified under the Wildlife (Protection) Act, 1972, to conserve wetlands of ecological significance.
• Eco-Sensitive Zone (ESZ): Areas notified by the MoEFCC around Protected Areas to act as a buffer, regulating activities to minimize negative impacts on fragile ecosystems.
• Environment Impact Assessment (EIA): A process under the Environment (Protection) Act, 1986, to evaluate the environmental consequences of a proposed project before decision-making.