Law Environmental Law Regulation of Wetlands 1 QUADRANT-I (A) – PERSONAL DETAILS Role Name Affiliation Principal Investigator Prof (Dr) Ranbir Singh Vice Chancellor, National Law University Delhi Co-Principal Investigator Prof (Dr) GS Bajpai Registrar, National Law University Delhi Paper Coordinator, if any Ms Lovleen Bhullar School of Oriental and African Studies, University of London Content Writer/Author Ms Lovleen Bhullar School of Oriental and African Studies, University of London Content Reviewer Lt.(Dr.) KD Raju Rajiv Gandhi Institute of Intellectual Property Law, IIT, Kharagpur Language Editor Ms Lovleen Bhullar School of Oriental and African Studies, University of London QUADRANT-I (B) – DESCRIPTION OF MODULE Items Description of Module Subject Name Law Paper Name Environmental Law Module Name/Title Regulation of Wetlands Module Id 6 Pre-requisites Environmental studies in any discipline Objectives To introduce the regulatory framework for wetlands: at the international, national, state and local levels Keywords Ramsar Convention, Wetlands Rules, Authority 2 QUADRANT-I – E-TEXT 1. Introduction Wetlands are areas of land that are temporarily or permanently covered with water. They can be natural or artificial (or man-made), fresh water or brackish, and they include bogs, fens, swamps, marshes, floodplain and shallow lakes. Wetlands perform a number of functions, including flood and erosion control, water purification and shoreline stabilization. However, we are confronted with the problem of wetland loss as a result of a number of anthropogenic activities, such as pollution, hunting, human settlement, agricultural drainage, fishing, wood- cutting, watershed degradation, soil erosion, siltation and diversion of water supplies. This is partly due to the lack of awareness about the important functions performed by wetlands. 2. Learning Outcomes This unit will introduce the reader to the multi-level legal framework concerning wetland regulation, comprising an international convention, national-level rules, and state or city level laws, and highlight some of the issues. It will also provide a brief introduction to the relevant policy framework at the national (and state) levels in India. 3. International Framework Wetlands are the only specific ecosystem for which countries from different parts of the world have ratified a separate multilateral environmental agreement, namely the Convention on Wetlands of International Importance Especially as Waterfowl Habitat, 1971 (Convention or Ramsar Convention). Wetlands are also the only specific ecosystem for which the call for an international agreement was made, not by countries, but by a group of non-governmental organizations, namely the International Union for the Conservation of Nature and Natural Resources (IUCN), the International Waterfowl and Wetlands Research Bureau (IWRB) and Bird Life International. Unlike other international agreements, the Convention is not affiliated with the United Nations system of multilateral environmental agreements. A number of criteria, guidance and guidelines, etc. have been adopted from time to time in order to interpret the text, and facilitate the implementation, of the Convention. Definition of wetlands The Convention defines ‘wetlands’ as: ‘areas of marsh, fern, peatland, or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed 6 meters’. The definition may incorporate riparian and coastal zones adjacent to the wetlands and islands or bodies of marine water deeper than six metres at low tide lying within the wetlands. One of the major limitations of this definition is that it does not reflect the different types of wetlands and their dynamic nature, which makes wetlands susceptible to seasonal and temporal changes. Further, it is not always possible to delineate the boundaries of a wetland with precision. Designation of Ramsar Sites The Convention protects 2,187 sites, comprising a total surface area of 208,608,257 hectares, in 168 State Parties. These sites are included in the Ramsar List of Wetlands of International Importance or the Ramsar List, which comprises of 42 types of wetlands grouped into three 3 categories: marine and coastal wetlands, inland wetlands and human-made wetlands. The Criteria for Designation of Wetland Sites, which was adopted in 1990 and subsequently updated, comprises of two groups: • Group A: sites containing representative, rare or unique wetland types; and • Group B: sites of international importance for conserving biodiversity. The Parties to the Convention are required to designate at least one suitable wetland within their territory for inclusion in the Ramsar List. The selection of the wetland is based on its international significance in terms of ecology, botany, zoology, limnology or hydrology. However, the inclusion is without prejudice to the sovereign rights of the Parties. They are permitted to delete/restrict wetlands included in the Ramsar List on grounds of ‘urgent national interest’. In both instances, the Parties must consider their ‘international responsibilities for conservation, management and wise use of migratory stocks of waterfowl’. Basic commitments of Parties • Formulate & implement wetlands conservation and its wise use • Establish nature reserves • Endeavor to increase waterfowl populations • Ensure that it is informed of any actual/likely change in ecological character of any kind of its listed wetlands o Pass on this information to the Secretariat (in Switzerland) Concept of Wise Use In addition to the promotion of conservation of Wetlands of International Importance, the Parties to the Convention have also agreed to ‘formulate and implement their planning so as to promote...the wise use of wetlands in their territory’. However, the Parties are only required to discharge this obligation ‘as far as possible’. The term ‘wise use’ has been defined (during COP-3 in 1987 in Regina, Canada) as: “the sustainable utilization of wetlands for benefit of mankind in a way compatible with the maintenance of the natural properties of the ecosystem”. Financial assistance In order to improve implementation of the Convention, particularly by developing countries and countries with economies in transition, the Ramsar Small Grants Fund for Wetland Conservation and Wise Use (earlier known as the Wetland Conservation Fund) has been established. Assistance is based upon a request being made to support wetland conservation. The latter includes improved management of Ramsar sites, designation of new sites, promotion of ‘wise use’ and supporting regional and promotional activities. Other relevant multilateral environmental agreements In addition to the Ramsar Convention, a number of other multilateral environmental agreements are also relevant in the context of wetlands. These include: • Convention on Conservation of Migratory Species of Wild Animals, 1979 (CMS or Bonn Convention) • UNESCO World Heritage Convention, 1972 • Convention on Biological Diversity, 1992 (CBD) 4 • United Nations Convention to Combat Desertification, 1994 (UNCCD) • United Nations Framework Convention on Climate Change, 1994 (UNFCCC) 4. Domestic Framework India has a total of 7,57,060 wetlands covering an estimated area of 15.26 million hectare, which is around 4.63 per cent of the geographical area of the country. 4.1. Legal Framework India became a contracting/member party of the Ramsar Convention on 1 February 1982 with the identification of six wetlands covering 192,973 ha area as Wetlands of International Importance. The Ministry of Environment and Forests (MoEF), Government of India is the national implementing authority for the Convention. At present, out of the 2,187 sites protected under the Ramsar Convention, only 26 sites (with a surface area of 689,131 hectares) are in India. List of Ramsar sites in India • Andhra Pradesh: Kolleru lake • Assam: Deepor Beel • Gujarat: Nalsarovar bird sanctuary • Himachal Pradesh: Chandra Taal, Pong Dam lake and Renuka wetland • Jammu & Kashmir: Hokersar wetland, Surinsar-Mansar lakes, Tsomoriri and Wular lake • Kerala: Ashtamudi wetland, Sasthamkotta lake and Vembanad-Kol wetland • Madhya Pradesh: Bhoj wetland • Manipur: Loktak lake • Orissa: Bhitarkanika mangroves and Chilika lake • Punjab: Harike, Ropar and Kanjli • Rajasthan: Keoladeo National Park and Sambhar lake • Tamil Nadu: Point Calimere wildlife and bird sanctuary • Tripura: Rudrasagar lake • Uttar Pradesh: Upper Ganga river • West Bengal: East Calcutta wetlands Two of these sites, that is, the Loktak lake in Manipur and the Keoladeo National Park in Rajasthan, are included in the Montreux Record, which is a register of wetland sites on the Ramsar List where changes in ecological character have occurred, are occurring, or are likely to occur as a result of technological developments, pollution or other human interference. Most of the other Ramsar sites in India are also threatened by uncontrolled development and illegal encroachments, although they are not included in the Montreux Record. In addition to the abovementioned wetlands, there are a large number of wetlands in India that are not regulated by the international framework. The Constitution of India recognises the protection and improvement of the environment as one of the Directive Principles of State Policy (Article 48A). The Constitution also imposes a fundamental duty on every citizen of the country ‘to protect