Is there a state biological diversity act for areas near Pune?

Detailed Legal Analysis

Yes, Maharashtra has enacted a State Biological Diversity Act to protect and manage biological diversity within its jurisdiction, including areas near Pune.

The Maharashtra Biological Diversity Act, 2012, was enacted to comply with the National Biological Diversity Act, 2002, and aims at the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of benefits arising from the utilization of biological resources. Here are the key points regarding the Act:

• Objective: The Act seeks to promote the sustainable management of biological resources and ensure that benefits derived from these resources are shared fairly with local communities.
• Establishment of Biodiversity Management Committees (BMC): The Act mandates the formation of BMCs at the local level to prepare People's Biodiversity Registers (PBR) and promote conservation efforts.
• State Biodiversity Board: The Act provides for the establishment of the Maharashtra State Biodiversity Board, which oversees the implementation of biodiversity conservation strategies and policies.
• Access and Benefit Sharing: The Act regulates access to biological resources and ensures that benefits derived from these resources are shared with local communities, particularly indigenous tribes and communities.
• Regulation of Biological Resources: Any person or entity wishing to access biological resources for commercial use must seek approval from the BMC and the State Biodiversity Board.

The Maharashtra Biological Diversity Rules, 2015, further elaborate on the procedural aspects, including the manner of application for access to biological resources, the requirements for benefit-sharing agreements, and the penalties for non-compliance. Key sections include:

• Section 2: Definitions related to biological diversity.
• Section 3: Provisions for the establishment of BMCs.
• Section 4: Powers and functions of the State Biodiversity Board.
• Section 7: Procedures for access to biological resources.

In summary, anyone involved in activities related to biological resources in Pune and surrounding areas must comply with the provisions of the Maharashtra Biological Diversity Act, 2012, and relevant rules to ensure sustainable use and conservation of biodiversity.