National Biodiversity Authority (NBA)

In a significant step toward empowering local communities and facilitating equitable benefit sharing, the National Biodiversity Authority (NBA) has released a sum of ₹67 lakhs to the Dapur Biodiversity Management Committee (BMC), located in Sinnar Taluk, Nashik District, Maharashtra.

Establishment and Legal Framework

• Established under: Biological Diversity Act, 2002
• Formally set up: 2003
• Headquarters: Chennai, Tamil Nadu
• Nodal Ministry: Ministry of Environment, Forest and Climate Change (MoEFCC)
• Objective: To ensure conservation, sustainable use, and equitable sharing of the benefits arising from the use of India’s biological resources and associated traditional knowledge.

Three-Tier Institutional Framework under the BDA

Level	Institution	Primary Function
National	National Biodiversity Authority (NBA)	Regulates access to biological resources and associated knowledge for research, commercial use, and bio-survey/bioutilization by foreign entities.
State	State Biodiversity Boards (SBBs)	Advise the state governments on biodiversity conservation and regulate commercial use by Indian entities.
Local	Biodiversity Management Committees (BMCs)	Prepare People’s Biodiversity Registers (PBRs) to document local biological resources and traditional knowledge.

Composition of the National Biodiversity Authority

• Chairperson:
  • An eminent person with experience in biodiversity conservation, sustainable use, and equitable benefit sharing.
• 10 Ex-Officio Members:
  • 1 from the Ministry of Tribal Affairs,
  • 2 from the MoEFCC,
  • 7 from other key ministries
• 5 Non-Official Members:
  • Experts from fields related to biodiversity management.

Functions of the NBA

1. Regulation and Approval
   • Grant approvals for access to biological resources and traditional knowledge by foreign individuals, companies, or organizations.
   • Oversee the transfer of research results related to biological resources.
2. Conservation and Sustainable Use
   • Advise the Central Government on measures for conservation and sustainable use of biodiversity.
   • Identify and notify threatened species to regulate or prohibit their collection & use.
3. Benefit Sharing Mechanism
   • Traders/manufacturers of biodiversity-based products must share benefits with local communities and collectors.
   • Benefit sharing structure:
     • 1–5% of purchase price (or) 0.1–0.5% of sale price depending on business scale.
     • Of this, 95% goes to BMCs or benefit claimers, and 5% is retained by national or state biodiversity boards for administrative purposes.
4. Repository Designation
   • Designate institutions as repositories for different categories of biological resources (e.g., botanical gardens, zoological collections, seed banks, gene banks).
5. Advisory and Monitoring
   • Recommend policy measures for bio-piracy prevention and for safeguarding traditional knowledge.

Key Legal Provisions under the Biological Diversity Act

• Cognizable and Non-Bailable Offences:
  • All offences under the Act are classified as cognizable and non-bailable, signifying the seriousness of biodiversity violations.
• Dispute Redressal:
  • Grievances regarding benefit-sharing determination or orders of the NBA or State Boards can be appealed before the National Green Tribunal (NGT).

Source: PIB

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