Section 38 of WLPA : Section 38: Power Of Central Government To Declare Areas As Sanctuaries Or National Parks Or Conservation Reserves

Explanation using Example

Example of Section 38 of The Wild Life (Protection) Act, 1972

Imagine a scenario where the State Government of XYZ has a large area of forest land that is home to diverse wildlife, including several endangered species. However, this area is not currently protected as a wildlife sanctuary. In an effort to enhance conservation efforts, the State Government decides to lease this area to the Central Government.

Upon reviewing the conditions and the ecological importance of the area, the Central Government is satisfied that it meets the requirements laid out in section 18 of The Wild Life (Protection) Act, 1972. Consequently, the Central Government issues a notification declaring this area as a new wildlife sanctuary. With this declaration, the area gains legal protection, and provisions related to wildlife sanctuaries, such as regulations on hunting, grazing, and habitat protection, become enforceable.

Furthermore, after detailed studies and assessments, the Central Government recognizes that the area has the potential to serve a higher conservation purpose due to its unique biodiversity and landscape. It then declares the area as a National Park under section 35, providing it with a stricter level of protection, where activities like tourism and construction are more tightly regulated.

Additionally, a nearby region that serves as an ecological corridor between two protected areas, but is not suitable as a sanctuary or National Park, is declared by the Central Government as a conservation reserve, ensuring that the wildlife can move between habitats without facing the threats that come from unregulated areas.

In all these cases, the Director of Wildlife Conservation or another authorized officer takes on the role of the Chief Wild Life Warden, exercising powers and duties to manage and protect these areas, with the Central Government taking over the responsibilities typically held by the State Government.