**"Report of the Western Ghats Ecology Expert Panel - Part I - 14. Western Ghats Ecology Authority : 14.1 The Legal Framework : Mandate of the WGEA -

Opinion
    04/10/2018
               1444.
**"Report of the Western Ghats Ecology Expert Panel - Part I - 14. Western Ghats Ecology Authority

14.1 The Legal Framework
Mandate of the WGEA

1. In order to address the myriad environmental implications in the Western Ghats, which is proposed as an Ecologically Sensitive Area along with varying degree of ecological sensitivity as ESZ1, 2 and 3, it is proposed that an apex authority for the entire Western Ghats along with state Western Ghats authorities for each state and within them District Ecology Committees (DEC) be created to address the various environmental challenges of the Western Ghats. The Western Ghats Ecological Authority (WGEA) (hereinafter the Authority) shall be the Apex multi-statal authority for regulation, management and planning of all activities impacting all categories of ecologically sensitive zones within the states of the Western Ghats namely Gujarat, Goa, Maharashtra, Karnataka, Tamil Nadu and Kerala, and shall be constituted under the relevant provisions of the Environment Protection Act, 1986.

*Constitution :-

1. The Authority shall be constituted by the Central Government through the Ministry of Environment and Forests in consultation with the state governments of the Western Ghats.
*
Role of the Authority: Conformity with other Environmental Laws :-

1. The Authority shall function in conformity with all other environmental laws such as Wildlife Protection Act, 1972, Forest Conservation Act, 1980, Rules, Orders and Notifications issued under the Environment Protection Act, 1986, the Biodiversity Act, 2002, the Air Act, 1981, Water Act, 1974, and the Rules made thereunder and also the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and Rules and the Provisions of Panchayats (Extension to Scheduled Areas) Act, 1996, and its state adaptations as the case may be. In other words this notification under the EPA will not be in derogation of but in addition to other environmental laws to deal with offenders in the Ecologically Sensitive Area of the Western Ghats.

*Constitution of the Western Ghat Ecology Authority :-

1. The WGEA shall comprise discipline or domain experts, resource experts and include representation from the nodal ministries. Discipline or domain experts include experts from the discipline of science, economics, law, sociology and the like. Resource experts include experts in forestry, hydrology, soil science, agriculture, land use, ecology and the like.

*The Western Ghats Ecology Authority shall comprise 24 members as given hereunder :-

*Non-Official Members :-

1. Chairman – A retired judge of the Supreme Court, preferably from the Western Ghats region, with proven integrity and sympathetic to the cause of conservation and pro-poor sustainable development

Or

An eminent ecologist/conservation biologist of the Western Ghats region who has made substantial contribution to the Conservation of the region in the last 25 years (preferably from one of the Western Ghats States).

2. An eminent conservation biologist of Western Ghats region who had contributed to the cause of conservation of Western Ghats (preferably from the Western Ghats States).
3. An eminent environmental lawyer or environmental law academician/Professor familiar with the laws of the Western Ghats States (preferably from the Western Ghats States).
4. An eminent social Scientist/economist/sociologist (preferably from the Western Ghats States).
5. An eminent agricultural scientist/Professor (preferably from the Western Ghats States).
6. An eminent landscape ecologist
7. A representative of a prominent tribal group ( on rotation from each State)
8–13. Civil Society Representatives- one from each State of the Western Ghats who had contributed to the conservation of the Ghats in the respective State.

*Official Members :-

8. One Representative of MoEF – An Additional Secretary, MoEF- GOI-Ex-Officio
9. Chairman Pollution Control Board – Central –Ex Officio
10. One Member of Central Planning Commission who is dealing with Western Ghats/Environment –Ex Officio.
11. Chairman National Biodiversity Authority –Ex-Officio
12. Member Secretary (Full time) – any officer in the cadre of Joint Secretary/Scientist-G to be deputed by MoEF-GOI with the consent of the Chairman of the WGEA.
19 – 24. Member Secretary of each of the State Western Ghats Ecology Board

*Powers and Authority of WGEA :-

1. The Authority shall be a statutory authority whose recommendations are ordinarily binding. (This could be patterned on the National Board of Wildlife where their decisions are rarely tampered with and by and large have been approved even by the Supreme Court of India.)

2. The Authority shall have jurisdiction over location of industry or other facilities or processes, land use planning and any other activity having adverse impact on the ESZ from environmental, social and ecological aspects.
3. The Authority shall also be the final authority for approving the Ecologically Sensitive Zones in a prescribed period as recommended by the WGEEP in consultation with the states in various categories such as ESZ 1, 2 and 3. However, an inclusive and participatory consultation process shall precede such finalization of the various categories of ESZs in a prescribed time period (say six months).
4. The Authority shall also establish a transparent decision-making process where decisions shall be speaking orders for every approval or rejection and also the method of arriving at any adjudication process. It shall also publish its decision in the public domain as soon as the final decision is taken.
5. The Authority shall also be the appellate authority for any decision taken by the state authorities provided if there are disputes between two states within the Western Ghats, then such disputes may directly be brought before the Authority which shall be the final authority for adjudication of such disputes.

6. The Authority may also revalidate accredited EIA Consultants for working in the Western Ghats if they deem fit and shall also have the power to blacklist such consultants if proved guilty of any malafide action, provided that such accredited EIA consultants shall have the opportunity of being heard.
7. The WGEA shall have the power to issue directions to the state government or agencies or authorities to prohibit, regulate or allow any activity that may have adverse impact on the Western Ghats and to comply with its orders.
8. The WGEA shall also have the power to issue clarifications on any provisions in the notification.
9. The Authority shall have the power to levy fines and other punitive measures as laid down in the Environment Protection Act and other environmental laws.
10. The WGEA shall have the power to call for any records, documents, or notes by any authority, agency within concerned state government as well as the central government in order to arrive at any decision. It shall be empowered under the relevant provision of the Civil Procedure Code.

*Functions of WGEA :-

1. The WGA shall function in accordance with the mandate of the Environment Protection Act, 1986 and other environmental laws such as Wildlife Protection Act, 1972, Forest Conservation Act,1980 and Rules and Guidelines issued thereunder, the various Rules and notifications issued under the EPA, the Biodiversity Act, 2002, the Air Act,1981 Water Act, 1974 and also the Forest Rights Act, 2006 and the Provisions of Panchayats Extension to Scheduled Areas Act.
2. The WGEA shall also approve the master land use plan of the ESZ which shall be prepared by the state governments in consultation with the DEC.
3. The WGEA shall develop a Western Ghats-specific master plan for the conservation of biological diversity/ecosystem and promotion of sustainable development. Such a master plan shall be developed with a bottom up approach through specific village, taluka and district (by whatever name called) plans, schemes and programmes.
4. The WGEA shall lay down normative standards for regulating, managing and controlling activities that have adverse impact on the ecology and social fabric of the communities with respect to environmental decisions in the Western Ghats.
5. The WGEA shall promote, coordinate research and monitoring of activities that have impacts on the ecology of the Western Ghats.
6. The WGEA shall be vested with delegated powers under Section 3(2) and other relevant provisions of the EPA in order to discharge its functions effectively for the conservation and development of the Western Ghats.
7. The Authority shall be guided by the conditions and restrictions enumerated in the Schedule where different guidelines have been enumerated and sectors have been listed along with the permissivity or prohibitions as the case may be. Such conditions may be adhered to in the strictest sense unless a project is of strategic defence requirement in such ESZs.
8. The Authority shall follow a cumulative impact approach to projects that are permissible and shall ensure that the regional planning process sets an upper limit for number, size and nature of projects or activities in the given region.
9. The WGEA shall perform such other functions as may be necessary to carry out the purposes of this Notification with regard to conservation and sustainable management and regulation of the Western Ghats Ecological Sensitive Area.

*Constitution of State Western Ghat Ecology Authorities :-

1. There shall be State authorities created by the Central Government in consultation with the respective state governments (patterned on the State Environment Impact Assessment Authority) and in consultation with the apex Western Ghats Ecology Authority.
2. The State Ecology Authorities shall comprise of discipline or domain experts, resource experts and representation from nodal departments. Discipline or domain experts include experts from the discipline of science, economics, law, sociology and the like. Resource experts include experts in forestry, hydrology, soil science, agriculture, land use, ecology and the like.

*Composition of State Western Ghats Authority (SWGA): It shall comprise 11 members -

*Non-Official Members :-
1. Chairman – retired High Court Judge
or
eminent ecologist of the area preferably from the Western Ghats region
2. Eminent enviro-legal expert of the area preferably from the Western Ghats region
3. An eminent ecologist of the region
4–6 Eminent Civil Society representatives of the concerned State

*Official Members:
7. Chairman, State Pollution Control Board- -Ex-Officio
8. Principal Secretary, Dept of Environment and Forest of the concerned State- Ex-Officio
9. One representative of the State Planning Board of the State.
10. Chairman- State Biodiversity Board-Ex-Officio.
11. Member Secretary (Full time) – One officer of the rank of Joint Secretary/Advisor-G (of the State Government) to be deputed by the concerned State.

*Special Invitee: Chairman may invite subject experts or Government Officials as and when the services of such invitees are required.

*Power of State Authority :-

1. The State Authorities shall be the deciding authority for every dispute on the Western Ghats relating to environment within its jurisdiction and that is brought before it through a prescribed process.
2. The State Authority may also appoint an Environmental Ombudsman, on the pattern of Ombudsmen for MGNREGA, in each district who may be the focal point between the Authority and the District and who shall head the District Ecology Committee.
3. The State WGEA shall have the power to issue directions to any agency at the state level or authorities to prohibit, regulate or allow any activity that may have adverse impact on the Western Ghats within the state jurisdiction and ensure compliance with its orders.
4. The State WGEA shall be vested with delegated powers under Section 3(2) and other relevant provisions of the EPA in order to discharge its functions effectively for the conservation and development of the Western Ghats in their specific jurisdiction.
5. The State WGEA shall have the power to levy fines and other punitive measures as laid down in the Environment Protection Act and other environmental laws.
6. The State WGEA shall have the power to call for any records, documents, or notes by any authority, agency within concerned state government as well as the central government in order to arrive at any decision. It shall be empowered under relevant provision of the Civil Procedure Code.

*Constitution of the District Ecology Committee :-
1. The State Authorities shall also constitute a District Ecology Committee (DEC) at every Western Ghats District in consultation with the state Government and the WGEA which will be the scrutinizing and verifying body for any dispute regarding ecologically sensitive zones within its jurisdiction.
2. The District Ecology Committees shall comprise of discipline or domain experts, resource experts and representation from nodal departments. Discipline or domain experts include experts from the discipline of science, economics, law, sociology and the like. Resource experts include experts in forestry, hydrology, soil science, agriculture, land use, ecology and the like.
3. The DEC may also appoint Environment Awareness Volunteers ( patterned on Paryavaran Vahinis or Hony Wildlife Wardens) whose primary task would be to raise awareness about the ecological importance of the Western Ghats and carry out participatory monitoring among other things.

*Function of the District Ecology Committee :-
1. The DEC shall be the initiating planning agency at the district level for the Western Ghats Master Plan through a bottom up process and also be the scrutiny agency to assess the
integration of other plans by other departments into the master plan at the district level.
2. The DEC shall also be the first statutory body for scrutinizing and verifying any dispute, before it is brought to the state authority. However, if a dispute involves more than one district, such disputes may directly be brought before the state authority.

*Term of Authority :-
1. The term of the members of all Authorities and Committees shall be 5 years.
Cognisance of Offence including Citizens Suit Provision
1. No court will take cognizance of any offence unless a complaint is filed in a prescribed manner and through an authorized officer of the authority at the district, state or Authority level.
2. There shall also be a citizen suit provision wherein any citizen shall have the power to send a notice in a prescribed form to any district ecology committee, state authority or the apex WGEA to take action on any violation of the said notification or against any act having adverse impact on the environment and ecology of the Western Ghats.

*Financial Autonomy of the Western Ghats Ecology Authority and other State Authorities and District Ecology Committee :-

1. The Central Government shall ensure that there is a complete financial autonomy of the Authority, the State WGEA and DEC wherein the central government along with the concerned state governments shall pool in resources for the functioning of such authorities and Committees. Further, a portion of any pecuniary fine may be utilized for the functioning of the authority itself.

*Dispute Resolution :-
1. When any person is aggrieved by any activity or act of any other person(s) , or agency or authority in contravention of the provisions of the notification or which has an adverse impact on the ecology, environmental or social consequences on the ESZs of the Western Ghats as prescribed in the Sectoral guidelines as enumerated in the Schedule, then s/he may approach the concerned authority through the District Ecology Committee, State Authority or the apex WGEA as the case may be in a prescribed form.
2. The concerned Authority or Committee shall respond within a period of thirty days and adjudicate the dispute within a prescribed period which may ordinarily be six months or earlier and in exceptional circumstances may be extended by giving reasons thereof. The concerned Authority or Committee shall give a reasonable opportunity to all parties for being heard either in person or through representative(s).

*Establishment of Western Ghats Conservation and Management Foundation :-
1. The Central Government through the WGEA shall establish a Western Ghats Conservation and Management Foundation which shall be financially independent to support the various extension activities of the WGEA.
2. Such funds may be used to carry out further research on specific issues, field visits and assessments, obtaining experts’ views and other materials necessary for arriving at sound environmental decisions.

*Proposed Framework of the Western Ghat Ecology Authority :-
1. Statement of Object and Rationale of the Authority
2. Preamble
3. Definitions
4. Constitution of WGE Authority
5. Term of office and conditions of service of members
6. Officers and employees of WGE Authority
7. Powers
8. Functions
9. Procedure to be regulated by the Authority
10. Grants and loans to the Authority and Constitution of Fund
11. Accounts and audit of the Authority
12. Annual report of the Authority
13. Annual report and audit report to be laid before parliament
14. Constitution of State Authority
15. Constitution of District Ecology Committee
16. Western Ghats Master Conservation and Management Plan
17. Alteration and modification of the ESZ categories
18. Establishment of Western Ghats Conservation and Management Foundation
19. Offences by Company
20. Immunity to Officers discharging duties in official capacity.

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