CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity
A pharmaceutical firm applies to a State Biodiversity Board for approval to use a medicinal plant found in the area of Wayanad BMC. Which statement reflects the Act's requirement on the Board's decision?
The State Biodiversity Board must consult the Biodiversity Management Committee before deciding on the use of biological resources occurring within the committee's territorial jurisdiction. Section 41(2) imposes this duty on both the National Biodiversity Authority and State Boards. It is a consultation duty, not a veto for the committee.
- AThe Board must consult the Biodiversity Management Committee before taking any decision on use of biological resources in its jurisdictionCorrect
- BThe Board need not consult the committee, as only the National Biodiversity Authority is bound to do so
- CThe committee must approve the application, giving it a veto in all cases
- DConsultation is needed only if the resource is a domesticated breed of animal
Explanation
Section 41(2) says the National Biodiversity Authority and the State Biodiversity Boards shall consult the Biodiversity Management Committees while taking any decision relating to use of biological resources, or traditional knowledge associated thereto, occurring within the committee's territorial jurisdiction. The duty is to consult, not to obtain approval, and it binds the Boards too.
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