CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity
A State Biodiversity Board in Karnataka identifies an ancient grove as an area of biodiversity importance. Under Section 37 of the Biological Diversity Act, 2002 (as amended), what is the correct procedure for declaring it a biodiversity heritage site?
The State Government notifies the area in the Official Gazette as a biodiversity heritage site, acting on the State Biodiversity Board's recommendation. Before recommending, the Board must consult the local body and the Biodiversity Management Committee concerned. Neither the Central Government nor the Board itself notifies.
- AThe Central Government notifies it directly after hearing the National Biodiversity Authority
- BThe State Government notifies it in the Official Gazette on the Board's recommendation, the Board having first consulted the local body and Biodiversity Management CommitteeCorrect
- CThe Biodiversity Management Committee notifies it after consulting the State Government
- DThe State Biodiversity Board notifies it on its own in the Official Gazette
Explanation
Section 37(1) lets the State Government notify such areas in the Official Gazette based on the State Biodiversity Board's recommendation. The proviso requires the Board to consult the local body and the Biodiversity Management Committee before recommending. The Board itself does not notify.
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