A big debate has started over the definition of “biological resources” as Northern Coalfields Limited (NCL) has responded to the notice by Madhya Pradesh State Biodiversity Board that they were extracting bio-resources for commercial purpose without prior intimation to SBB by stating that under Section 2 (c) of the “Biological Diversity Act, 2002” biological resource means plants, animals and micro-organisms or parts thereof, their genetic material and by-products.
Northern Coalfields Limited has further stated in its reply to the notice by Madhya Pradesh SBB: “whereas coal (from the old English term Col which has meant “mineral of fossilised carbon” since the 13th century) is a combustible black or brownish-black sedimentary rock usually occurring in rock strata in layers or veins called coal beds or coal seams.” NCL has asserted that coal is composed primarily of Carbon along with variable quantities of other elements chiefly hydrogen, sulphur, oxygen and nitrogen. Therefore coal does not fall under the said definition of “biological resources” as per the Biological Diversity Act, 2002, NCL has emphasised.
On the issue of “commercial use” Northern Coalfields Limited has cited Section 2 (f) of the Biological Diversity Act which states that commercial utilization means end uses of biological resources for commercial utilisation such as drugs. NCL has also stated in emphatic terms that coal is the largest source of energy for the generation of electricity worldwide.
Hence commercial utilisation of coal does not fall under the definition as stipulated in the Act under question.
On the basis of legal opinion Northern Coalfields Limited has said that no separate permission is required to be taken from Madhya Pradesh SBB (for extraction of coal).