THE ENVIRONMENT (PROTECTION) ACT, 1986

FCA / AUTHORITIES /

Regional Office of the MoEF

While all proposals involving forest land more than 40 Ha is sent by the state government directly to the Ministry of Environment and Forests, the Regional Office of the MoEF has the following functions for proposals up to 40 Ha:

For proposals involving up to 5 Ha of forest land, excluding all proposals related to mining and encroachment, the Regional Office may decide upon the diversion (i.e. whether or not the proposal should be granted clearance, and if so, what conditions must be followed) within forty five days of the receipt of the proposal from the state government

For proposals involving forest land between 5 and 40 Ha, excluding all proposals related to mining and encroachment, the Regional Office forwards the proposal to the state Advisory Committee constituted under the Act for its recommendations. From the Regional Office of the MoEF, the proposal is forwarded to the Regional Empowered Committee constituted under the Act to decide the diversion. The PCCF is the Chairperson of this Committee and the CF or DCF is the Member-Secretary.

For proposals related to mining and encroachment up to 40 Ha, the Regional Office forwards the proposal to the state Advisory Committee constituted under the Act for its recommendations. The Regional Office of the MoEF then scrutinizes the proposal and forwards it, along with recommendations, to the Ministry of Environment and Forests, where the final decision for diversion of forest land as proposed is taken.

All proposals involving clearing of naturally grown trees in a forest area, including that for the purpose of reforestation is sent by the state/UT government in the form of a Working Plan or Management Plan to the Regional Office. While examining the proposal, the Regional Office must ensure that the final decision is in conformity with the National Forest Policy, Working Plan guidelines and other relevant rules and guidelines issued by the central government in this regard. When the forest land in question has a tree density of greater than 0.4, the Regional Office seeks prior approval of the MoEF (irrespective of the area involved). Prior clearance is also required when the forest area is more than 20 Ha in the plains and 10 Ha in the hills (irrespective of the density)

Click here to read more about procedure for submission of proposals and processing of proposals under the Act

This guide is an additional aid to understanding the law. We have re-written some of the text in various and have not reproduced the exact text from the bare acts. While all efforts have been made to maintain the accuracy of this information, relevant official gazettes may be consulted for authenticity. The authors of this resource will not be responsible for any loss due to the information provided in this guide. Any discrepancy found may kindly be brought to our notice.