CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity
The Central Government has reason to believe that a biologically rich wetland in Odisha is being threatened by overuse, abuse or neglect. Under Section 36 of the Biological Diversity Act, 2002, what may it do?
The Central Government shall issue directives to the Odisha State Government to take immediate ameliorative measures, offering any technical and other assistance that is possible or needed. It does not take over management or notify heritage sites itself, since heritage site notification lies with the State Government.
- ATake over the wetland's management and dissolve the State Biodiversity Board
- BIssue directives to the State Government to take immediate ameliorative measures, offering technical and other assistance possibleCorrect
- COnly advise the State, as no binding directive may be given
- DNotify the wetland as a biodiversity heritage site itself
Explanation
Section 36(2) provides that the Central Government shall issue directives to the concerned State Government to take immediate ameliorative measures, offering technical and other assistance. Heritage site notification belongs to the State Government under Section 37, and no takeover power is given.
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