SYLLABUS
GS3: Conservation, environmental pollution and degradation, environmental impact assessment.
Context:
The Union Ministry of Environment, Forest and Climate Change recently notified the new Van (Sanrakshan Evam Samvardhan) Amendment Rules, 2025, or the Forest Conservation Amendment (FCA) Rules 2025.
Key Highlights of the Rules
This latest FCA notification modifies some of the previous FCA rules from 2023, which aim to implement the Forest (Conservation) Amendment Act, 2023.
Application of Rules: The rules apply to critical and strategic minerals listed in the First Schedule of the MMDR Act, and those under the Seventh Schedule and the Atomic Energy Act, 1962.
Definition of forest land diversion: The notification updates the definition of forest land diversion, allowing state governments to grant initial ‘working permission’ for linear projects like roadworks, rail laying, and transmission line installation, post Stage-I approval for initial resource mobilization and preparatory work.
- Previously, state governments could mobilise resources only after receiving in-principle or Stage-I approval for a project.
- ‘Working permission’ allows linear projects to begin preliminary work after Stage-I approval, excluding tasks like road blacktopping, rail laying, or charging transmission lines, unless specified by the Centre.
Validity of the in-principle approval: The validity of the in-principle (Stage-I) approval has been extended from two years to five years.
Nature of Project: Projects of defence, strategic, national importance, or urgent public interest may be allowed to seek prior approval through offline mode.
- The new rules continue to allow degraded Reserved forests to be used as Compensatory afforestation compliance.
- Land for afforestation must be transferred to the Forest Department before Stage-II approval. States/UTs can let top forest officials notify such land.
- Mining lease renewals need compensatory afforestation if not done earlier. It’s not required for underground mining without surface rights.
Rules concerning Compensatory Afforestation land:
Framework for dealing with offences:
- Divisional forest officers and assistant inspectors general of forests or higher officials are now authorised to file complaints in court.
- Regional offices must forward information about violations to state governments within 45 days, and states are required to send periodic compliance reports.
Critical mineral mining: Special provisions have been introduced for critical mineral mining, including a reduced minimum land use period, from 20 years to 10 years, to enhance flexibility and efficiency.
Significance of the new Rule
- Streamlined Project Clearances: By allowing working permissions for certain linear projects after Stage-I approval, the rules accelerate infrastructure development while maintaining regulatory oversight.
- Support for Critical Minerals & Strategic Needs: Special provisions for critical mineral mining and defence/strategic projects balance ecological safeguards with national priorities like energy transition and security.
- Extended Approval Validity: The extension of Stage-I approval validity from 2 to 5 years provides more realistic timelines for large-scale projects, reducing delays due to procedural lapses.
- Clarity in Compensatory Afforestation: By specifying conditions for degraded forest land use and mandating land transfer before Stage-II approval, the rules aim to bring greater consistency and accountability in compensatory afforestation practices.
Forest Conservation Act 1980
- It provides for the conservation of forests and restricts the diversion of forest land for non-forest purposes without the prior approval of the Central Government.
- Its main objectives are to curb deforestation and achieve a balance between development and the need to preserve India’s rich biodiversity and natural heritage.
- The Act mandates compensatory afforestation for any forest land that is diverted, along with other conditions and guidelines to ensure sustainable forest management.