What is Compensatory Afforestation(CA)?
Compensatory Afforestation (CA) refers to afforestation and regeneration activities carried out as a way of compensating for forest land diverted to non-forest purposes.
“Non-forest purpose” means the breaking up or clearing of any forest land for-
- The cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants;
- Any purpose other than re-afforestation;
It does not include any work relating to conservation, development and management of forests and wildlife, namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.
Compensatory Afforestation is one of the most important conditions stipulated by the Central Government while approving proposals for de-reservation or diversion of forest land for non-forest use. The compensatory afforestation is an additional plantation activity and not a diversion of part of the annual plantation programme.
What is the process for diverting a forest land for other purposes? Where does Compensatory Afforestation fit in?
Whenever a forest land is to be diverted for non-forestry purposes, the equivalent non forest land has to be identified for compensatory afforestation and funds for raising compensatory afforestation are to be imposed.
For certain activities additional conditions are imposed. For eg. in case of conversion for mining purposes, additional conditions like maintaining a safety zone area, fencing and regeneration etc. are stipulated and for major and medium irrigation projects, catchment area treatment plans are suggested.
Request for forest clearance should be approved by the Ministry of Environment and Forests (MoEF), before the conversion of land takes place. This proposal is to be submitted through the concerned forest department of the state government.
The comprehensive proposal is to include the details of non-forest (or degraded forest) area identified for compensatory afforestation including its area map, year wise phased forestry operations, details of species to be planted and a suitability certificate from afforestation/ management point of view, along with the cost structure of various operations.
If clearance is given, then compensation for the lost forest land is also to be decided by the ministry and the regulators.
How are the lands for Compensatory Afforestation identified? What are the other criteria as per the Forest (Conservation) Act, 1980?
As per the Forest (Conservation) Act 1980, the non-forest lands for Compensatory Afforestation (CA) are to be identified contiguous to or in the proximity of Reserved Forest or Protected Forest, as far as possible.
In case, non-forest land for CA is not available in the same district, non-forest land for CA is to be identified anywhere else in the State/Union Territory. If non forest land is unavailable in the entire State/ UT, funds for raising CA twice the area of the extent of forest land diverted needs to be provided by the user.
The non-availability of suitable non-forest land for CA in the State / Union Territory would be accepted by the Central Government only on the Certificate of the Chief Secretary to the State/Union Territory Government to that effect.
However, in case of central government/ central undertaking projects, extraction of minor mineral from the river beds above 500 hectare, construction of link road, small water works, minor irrigation works, laying of transmission line upto 220 KVA etc, CA fund is to be raised on degraded forest land twice the forest area being diverted, without insisting for the certificate of Chief Secretary regarding non-availability of non-forest land.
How are the Compensatory Afforestation (CA) funds to be used?
The CA funds are to be used towards the development, maintenance and protection of forest and wildlife management. The funds for CA are to be recovered from the user agencies on the basis of the rates fixed by the State Forest Department which are site specific and varies according to the species, type of forest and site.
The money received for Compensatory Afforestation is to be used as per site specific schemes submitted by the State along with the approved proposals for diversion of forest land. After receipt of the money, State Forest Department is to accomplish the afforestation for which money is deposited in the Compensatory Afforestation Fund within a period of one year or two growing seasons.
Clearance of forests involves both tangible and non-tangible losses. How are these taken into account while diverting forest lands for non-forest use?
To compensate for the loss of tangible as well as intangible benefits from the forest lands which has been diverted for non-forest use, the net present value of the land is to be recovered from the user agencies to adequately compensate for the loss of natural forests. Such funds are to be used for natural assisted regeneration, forest management and protection, infrastructure development, wildlife protection and management, supply of wood and other forest produce saving devices and other allied activities.
For instance, in order to provide clean cooking and lighting benefits to rural and tribal population living in forest fringes and protected areas, the Ministry of New & Renewable Energy (MNRE) has taken up the programme for intensive distribution of Renewable Energy Devices like, Unnat Chulhas, Solar Cookers, Solar Lamps, Solar home lighting Systems etc.
A cumulative of not less than 70% of funds utilized/earmarked under the Net Present Value (NPV) component are to be used for these activities, in areas covering national parks, Sanctuaries and reserve forests.
Broadly, what have been the issues faced by the Central and State Governments in implementation of the CAMPA?
Between 1980 and May 2004 about 9.21 lakh hectare of forest land had been diverted for non forestry uses and forest land aggregating up to 2.19 lakh hectare had been diverted after the formation of Ad-hoc Compensatory Afforestation Fund Management and Planning Authority (CAMPA) till March 2015.
However, much of the money collected for CA remained idle as the states and the Centre disagreed over the utilisation of such amount. Further, many states failed to collect the CA funds from the user agencies. Appropriation of such funds for CA also involved delay. Given such discrepancies in the implementation of compensatory afforestation, some NGOs had approached the Supreme Court for relief.
The Supreme Court in its order dated 3 April 2000, fixed the responsibility of ensuring the proper carrying out of compensatory afforestation on Ministry of Environment and Forests and said that it was for the Ministry to monitor the conditions stipulated at the time of grant of forest clearance.
Where are the funds received for Compensatory Afforestation parked?
The Supreme Court of India in October 2002 directed the creation of a ‘Compensatory Afforestation Fund’ in which all the monies received from the user agencies towards compensatory afforestation, additional compensatory afforestation, penal compensatory afforestation, net present value (NPV) of forest land, Catchment Area Treatment Plan Funds, etc. were to be deposited.
The details of forests land converted and the compensatory projects undertaken are given on the website of CAMPA.
Source:
1) Arthapedia
2) http://www.prsindia.org/billtrack/the-compensatory-afforestations-fund-bill-2015-3782/