Wildlife Clearance

Wildlife Clearance is the mandatory approval granted by the Standing Committee of the National Board for Wildlife (SC-NBWL) under the Wildlife Protection Act 1972 before any government project can be executed within 10 kilometres of a wildlife sanctuary, national park, or the eco-sensitive zone around a protected area.

What is Wildlife Clearance?

The Wildlife Protection Act 1972 and the Supreme Court's order in the T.N. Godavarman case establish that projects affecting wildlife habitats must be reviewed and approved by the NBWL. The Standing Committee of the NBWL (SC-NBWL), chaired by the Minister of Environment, considers proposals for projects in or near protected areas.

Wildlife Clearance is required when:

• The project physically passes through a wildlife sanctuary or national park.
• The project is within the eco-sensitive zone (ESZ) declared around a protected area (ESZs typically extend 0.5 to 10 km from the protected area boundary, varying by notification).
• The project is within 10 km of a wildlife sanctuary or national park, as per the Supreme Court's general guideline (though this is under ongoing review).

The SC-NBWL typically requires:

• Wildlife Impact Assessment (separate from the broader EIA)
• Mitigation measures: wildlife underpasses, animal detection systems, speed restrictions on highways
• Consultation with the Chief Wildlife Warden of the state
• Verification that the project alignment avoids critical wildlife corridors where possible

In procurement, wildlife clearance has the same gateway effect as Forest Clearance, no construction in the relevant zone can begin without it.

Why Wildlife Clearance matters for Indian government suppliers

Several major infrastructure corridors in India, Western and Eastern Ghats, Terai Arc Landscape, Central Highlands, pass through or near protected areas. Contractors bidding on highways, power lines, railway lines, and pipeline projects in these regions must assess wildlife clearance status. NBWL processes are slow (6 to 24 months) and outcomes are uncertain. Projects in Tiger Corridors have faced outright rejection by SC-NBWL. Wildlife mitigation requirements (underpasses at INR 2 to 5 crore each, animal detection systems, speed governors) add significant scope and cost that must be included in bid pricing if the EC/FC conditions mandate them.

Example

An NHAI highway project passes through a 15 km stretch within the eco-sensitive zone of a wildlife sanctuary. SC-NBWL grants Wildlife Clearance with conditions requiring three wildlife underpasses, vehicle speed restriction signage, and prohibition of night construction in the eco-sensitive zone. The NHAI incorporates these as contract obligations. A contractor who bids without reviewing NBWL conditions fails to include INR 6 crore in underpass costs and faces a significant unrecoverable overrun.

Frequently Asked Questions

Is Wildlife Clearance the same as Forest Clearance?

No. Forest Clearance is about diverting forest land under the Forest Conservation Act. Wildlife Clearance is about protecting wildlife habitats and is triggered by proximity to protected areas, not just physical forest land diversion. A project may need both.

What is an eco-sensitive zone?

An Eco-Sensitive Zone (ESZ) is a buffer area around a national park or wildlife sanctuary, notified by MoEFCC, where certain activities are regulated or prohibited. The ESZ width varies from 0 to 10 km depending on the protected area's notification. Construction activities within ESZs require NBWL clearance.

Can a contractor commence work in non-wildlife areas of a project before wildlife clearance is received for the affected portion?

Yes, in some cases the contract provides for phased possession of site. The contractor can commence in sections where all clearances are in place and await NBWL clearance for the affected stretch. However, the contractor must price the risk of waiting, as overheads and equipment idle time continue.

What are the penalties for violating Wildlife Clearance requirements?

Work in prohibited zones without clearance can result in NGT stay orders, prosecution under the Wildlife Protection Act (imprisonment and fines), and mandatory restoration of habitat at the contractor's cost. The Supreme Court's contempt powers have been invoked in egregious cases.