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CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity

The Central Government notifies a rare orchid as a threatened species and delegates this power to the State of Assam under Section 38 of the Biological Diversity Act, 2002 (as amended). Assam now wishes to notify a second species. What must Assam do?

Assam must consult the National Biodiversity Authority before issuing the notification. Section 38 lets the Central Government delegate the power to notify threatened species to a State Government, but the second proviso makes consultation with the Authority mandatory whenever the State exercises the delegated power.

  1. AObtain prior approval of the Parliament
  2. BConsult the National Biodiversity Authority before issuing the notificationCorrect
  3. CConsult only the local Biodiversity Management Committee
  4. DNothing further, since delegation removes every consultation requirement

Explanation

Under the second proviso to Section 38, where the power is delegated to the State Government, it shall consult the National Biodiversity Authority before issuing the notification. The Central Government's own consultation is with the concerned State Government, which is different. Delegation does not remove all consultation.

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