The Nature Conservation Act 1980 (NCA) is a legislation enacted by the government of Australia to protect and conserve the natural environment and its unique flora and fauna. The NCA is administered by the Department of the Environment and Energy and aims to provide a legal framework for the conservation and management of natural resources in Australia.
The NCA provides for the protection of native plants and animals, and the conservation of natural habitats, including forests, wetlands, and marine environments. It also establishes the National Reserve System, which is a network of protected areas that includes national parks, conservation parks, and other types of reserves. The NCA also provides for the development of management plans for these protected areas and the implementation of conservation programs.
One of the key features of the NCA is the establishment of the Threatened Species Scientific Committee (TSSC), which is responsible for assessing the conservation status of native species and ecological communities and making recommendations on the listing of threatened species and ecological communities. The TSSC also provides scientific advice on the conservation of threatened species and ecological communities to the Minister for the Environment.
The NCA also provides for the control of activities that may have a negative impact on the natural environment, including the management of pests and the regulation of land use practices. It also establishes the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act), which is a national law that provides for the protection and conservation of Australia's biodiversity and cultural heritage.
In conclusion, the Nature Conservation Act 1980 is a vital piece of legislation that plays a key role in the protection and conservation of Australia's unique and diverse natural environment. It provides a legal framework for the management and conservation of natural resources, and helps to ensure that future generations can enjoy the beauty and ecological richness of Australia's natural heritage.
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The Statute also misses out on the implications under sectoral legislation like laws on mining projects and other infrastructural industries. Schedule 1 Reviewable decisions see pt 12 column 1 item column 2 section column 3 decision column 4 entity 1 60 give directions occupier of land given directions 2 61 give directions owner of animal or plant given directions 3 63 restrict access to reserved area or part of reserved area entity including entity within class restricted from accessing area 4 63 prohibit access to reserved area or part of reserved area entity that has interests affected by prohibition 5 67 1 , 2 or 3 refuse to grant consent entity that seeks consent 6 68 1 refuse to grant consent entity that seeks consent 7 104 1 a grant licence entity that has interests affected by licence 8 104 1 b refuse to grant licence applicant for licence 9 104 2 a grant licence subject to conditions applicant for licence 10 104 2 b grant licence for stated duration applicant for licence 11 105 5 vary licence condition entity that has licence varied 12 110 cancel licence entity that has licence cancelled Dictionary see s 2 Note 1 The Legislation Act, contains definitions and other provisions relevant to these regulations. So to regulate such inhuman activities towards the forests the Government of Indian enacted the Forest Conservation Act, 1980. Problems in implementation of the FCA, 1980 Just like every other statute, there are a few problems that arise during the implementation of the FCA. Maximum penalty: 750 penalty units, imprisonment for 1 year or both. But with the permission of central government state can do so.
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However, this legislation is significant enough because it is effective and has been somewhat successful in conserving forests. The management plan of the project must also include a write up on the salient features of the project. No other work on forest land is to be taken up till the State Government or UT government orders for diversion after obtaining prior approval as according to the provisions of the FCA, 1980. Powers of conservation officers in reserved areas 59. A permit or licence shall be in writing and shall specify— a the name and address of the person to whom the permit or licence is granted; b the period for which the permit or licence is granted; c the activity in respect of which the permit or licence is granted; d either the species of animals, fish or plants to which the permit or licence applies or the species of animals, fish or plants to which the permit or licence does not apply; e the number of animals, fish or plants to which the permit or licence applies; f the conditions, if any, to which the permit or licence is subject; 30 Nature Conservation Act 1980 Authorised by the ACT Parliamentary Counsel—also accessible at www.
Grant of permits and licences—wildlife having special protection status 63A. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. Maximum penalty subsection 3 : 1 penalty unit.
All you need to know about the Forest Conservation Act, 1980
Later, it was replaced by the Indian Forest Act, 1927 during the colonial period. Although, Article 370 has been revoked which means all central laws must be made applicable to the whole country. Maximum penalty: The maximum penalty that may be imposed for the commission of the relevant offence by an individual. The Statute stipulates that compensatory afforestation has to be carried out on non-forest land equal to the forest land being diverted. Â The main focus of the Act of 1927 was on timber. Felling of trees in the State of Arunachal Pradesh has totally banned in certain forests whereas in other forests, it was suspended in accordance with the working plan of the State Government. In Rural Litigation and Entitlement Kendra, Dehradun v.
Such a levelisation of costs is done in order to account for the time value of money. Maximum penalty: 10 penalty units. Aspirants can find complete information about upcoming Related Links. Note A provision of a law that gives an entity including a person a function also gives the entity powers necessary and convenient to exercise the function see Legislation Act, s 196 and dict, pt 1, def entity. The last activity involves large scale destruction of forest, for which prior approval of the Centre is necessary.
Running of saw mills including veneer or plywood mills within the forests was also stopped. Return of identity card 13. Editorial changes The Legislation Act 2001, part 11. Exercise of powers 14. Section 3A deals with Penalty for contravention of the provisions of the Act.
Note A notifiable instrument must be notified under the Legislation Act 2001. Forest Conservation Act 1980 The Forest Conservation Act of 1980 FCA, 1980 is an act by the Parliament of India which ensures conservation of forest and its resources. Nature Conservation Act 1980 21 Authorised by the ACT Parliamentary Counsel—also accessible at www. So, all kinds of risks and costs are minimised. In such a case, there was no need to be oppressed by considerations of balancing the interest of economy and ecology. Immediate closure of non-forest activities- If there is an illegal activity or non-forest activity is occurring then this act can imminently stop the activity.
Note 2 In particular, a person may be appointed for a particular provision of a law see Legislation Act, s 7 3 and an appointment may be made by naming a person or nominating the occupant of a position see Legislation Act, s207. Note A notifiable instrument must be notified under the Legislation Act 4 The conservator must also publish the notice in a newspaper. This Act was enforced to maintain ecology and to preserve the forest of our country. Forests play an important role in our life. IV ; e providing for the establishment of the State Council for the Conservation of Nature Chapt. A document that is required or permitted by this Act to be given to a person may be so given by post at the address of the person last known to the person giving the document. The Forest Conservation ordinance was promulgated by the President of India on 25th of October 1980.