The Biodiversity Act of 2002 provides for the constitution of Biodiversity Authorities both at the National level and at the State level.
The National Biodiversity Authority is a body corporate. It has been established by the Central Government and is headquartered at Chennai. Under Section 8 of the Act which deals with its constitution, it comprises:
| No. | Member | Qualifications | Appointment |
| a | 1 chairperson | Adequate knowledge and experience in conservation and sustainable use of biodiversity and the equitable sharing of benefits | appointed by the Central Government |
| b | 3 ex-officio members | One of them is from the Ministry of Tribal Affairs and two are from the Ministry of Environment and Forests. Of the two from the Ministry of Environment and Forests, one must be either the ADG or DG of forests | Appointed by the Central Government |
| c | 7 ex-officio members | One member each representing the ministries of:(1) Agricultural Research and Education, (2) Biotechnology, (3) Ocean Development, (4) Agricultural Co-operation,(5) Indian Systems of Medicine and Homeopathy, (6) Scientific and Industrial Research | Appointed by the Central Government |
| d | 5 non-official members | Specialists having special knowledge representing industries, conservers, creators and knowledge holders of biological resources |
At the State level, there exist State Biodiversity Boards which are dealt with in Chapter VI of the Act. These Boards are established by State Governments. They are not established in Union Territories. They are bodies corporate and are headquartered at such places as State Governments specify by notification.
Each State Biodiversity Board comprises one chairman who has adequate knowledge and experience in conservation and sustainable use of biodiversity and the equitable sharing of benefits and not more than five ex-officio members who are appointed by the State Government. The ex-officio members represent the concerned government departments. In addition to this, each Board has not more than five experts who deal with conservation, biodiversity, the sustainable use of biological resources, and the equitable sharing of resources.