Biological Diversity Amendment Bill
Source: PRS
GS II: Governance

Overview

1. News in Brief
2. About the Bill

Why in News ?

Biological Diversity Amendment Bill passed in Lok Sabha. 

• The bill brings changes to the Biological Diversity Act, 2002 by decriminalising biodiversity offences, among others.

About the Bill

• The Bill amends the Biological Diversity Act, 2002 to simplify compliance requirements for domestic companies.

  

• The Bill removes research and bio-survey activities from the purview of benefit sharing requirements.
• The Bill decriminalises all offences under the Act.
• Benefit sharing will be based on terms agreed between the user and the local management committee represented by the National Authority.

Key Features

• Obtaining Biological Resources
  • Prior approval or intimation to the regulatory authority based on the origin of the entity for obtaining biological resources occurring in India or associated knowledge.
• Regulatory Authority
  • The regulatory authorities under the Act for these purposes are National Biodiversity Authority (NBA) and State Biodiversity Boards (SBB).
• Intellectual Property Rights (IPR)
  • The Act specifies that approval of NBA is required before
    • Applying for IPR involving biological resources obtained from India
    • Sealing of patent.
  • Approval will be required before the grant of IPR
  • Foreign entities require approval from NBA whereas domestic entities required to register with NBA.
• Benefit sharing
  • What is Benefit Sharing?: Share monetary and non-monetary benefits with benefit claimers and local people. 
  • NBA is required to determine terms of benefit sharing while granting approvals for various activities
• Offences and Penalties
  • Failing to take approval or providing prior intimation for various activities.
  • Punishable with imprisonment of up to five years, or a fine, or both.
  • Bill decriminalises the offences and makes offences punishable with a penalty between one lakh rupees and Rs 50 lakh.
  • Continued violations might result in additional fines of up to one crore rupees.
  • Enquiring Authority: officer of at least the rank of Joint Secretary of the central government or the rank of Secretary of the state government.

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