Do I need permission to use biodiversity resources near Bareilly?

Detailed Legal Analysis

Yes, you need permission to use biodiversity resources near Bareilly, in accordance with the provisions of the Biological Diversity Act, 2002.

The Biological Diversity Act, 2002, governs the access to biological resources and associated traditional knowledge in India. It aims to protect biodiversity and ensures that the benefits arising from its use are shared equitably. Here are the key points regarding the use of biodiversity resources:

• Definition of Biodiversity Resources: Under Section 2(c) of the Biological Diversity Act, biodiversity includes various components such as plants, animals, and micro-organisms that are vital for ecological balance.
• Access and Benefit Sharing: Section 3 mandates that any individual or organization wishing to access biological resources must obtain prior approval from the National Biodiversity Authority (NBA) or the State Biodiversity Board (SBB) depending on the source of the resource.
• Application Process: To seek permission, applicants must submit an application to the NBA or SBB, detailing:
  • The purpose of access to biological resources.
  • The nature of resources sought.
  • The geographical location of the resources.
• Approval Timeline: The authority is required to process the application within 90 days as per Section 16 of the Act, provided all required information is submitted.
• Traditional Knowledge: If the resource involves traditional knowledge of indigenous communities, consent from the relevant community must also be sought as per Section 7.
• Penalties for Non-compliance: Unauthorized access or use of biodiversity resources can result in penalties under Section 55, which may include fines and imprisonment.

It is crucial to comply with these regulations to avoid legal complications and to promote sustainable use of biodiversity resources. The State Biodiversity Board in Uttar Pradesh, located in Lucknow, can provide additional guidance and necessary forms for the application process.