The following draft of the notification, which the Central Government proposes to issue in exercise of the powers conferred by sub-section 1, read with clause v and clause xiv of sub-section 2 and sub-section

रजिस्ट्री सं॰ डी॰ एल॰-33004/99

REGD. NO. D. L.-33004/99 असाधरण

EXTRAORDINARY

भाग II—खण्ड 3—उप-खण्ड (ii)

PART II—Section 3—Sub-section (ii)

प्राध्किार से प्रकाशित

PUBLISHED BY AUTHORITY

सं. 2541] नई दिल्ली, मंगलवार, दिसम्बर 1, 2015/अग्रहायण 10, 1937

No. 2541] NEW DELHI, TUESDAY, DECEMBER 1, 2015/AGRAHAYANA 10, 1937

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I10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] II

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MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

NOTIFICATION

New Delhi, the 30th November, 2015

S.O. 3222(E).—The following draft of the notification, which the Central Government proposes to issue in exercise of the powers conferred by sub-section (1), read with clause (v) and clause (xiv) of sub-section (2) and sub- section (3) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) is hereby published, as required under sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, for the information of the public likely to be affected thereby; and notice is hereby given that the said draft notification shall be taken into consideration on or after the expiry of a period of sixty days from the date on which copies of the Gazette containing this notification are made available to the public;

Any person interested in making any objections or suggestions on the proposals contained in the draft notification may forward the same in writing, for consideration of the Central Government within the period so specified to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, Aliganj, New Delhi-110 003, or send it to the e-mail address of the Ministry at: - [email protected];

DRAFT NOTIFICATION

WHEREAS, the Phansad Wildlife Sanctuary is situated in the Raigad District of Maharashtra State between 72o 54' to 73o 02' North latitude and between 18o 20' to 18o 28' East longitude and is spread across 69.79 square kilometers;

AND WHEREAS, the Sanctuary harbours Leopard, Indian Giant Squirrel, Vultures, Sea Eagles, Malabar Grey Hornbill, Forest Owlet and host of birds species and other Wild animals and a number of Olive Ridley Turtles breeding have been recorded in the adjacent coastal areas along the western side of the Wildlife Sanctuary;

AND WHEREAS, the flora of Wildlife Sanctuary is represented by Semi Evergreen, Evergreen, and Moist deciduous Forests;

AND WHEREAS, it is necessary to conserve and protect the area the extent and boundary of which is specified in paragraph one of this notification around the Phansad Wildlife Sanctuary as Eco- sensitive Zone from ecological and environmental point of view and to prohibit industries or class of industries and their operations and processes in the said Eco-Sensitive Zone;

NOW THEREFORE, in exercise of the powers conferred by sub-section(1) and clauses (v) and (xiv) of sub-section (2) and sub-section (3) of section 3 of the Environment (Protection) Act 1986 (29 of 1986) read with sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby notifies an area to an extent varying from 100 meters to 2.75 kilometers from the boundary of Phansad Wildlife Sanctuary in the State of Maharashtra as the Phansad Wildlife Sanctuary Eco-sensitive Zone (hereinafter referred to as the Eco-sensitive Zone) details of which are as under, namely:-

1. Extent and Boundaries of Eco-sensitive Zone.- (1) The Eco-Sensitive Zone is spread over an area of 10.96 square kilometre with an extent varying from 100 meters to 2.75 kilometers from the boundary of Phansad Wildlife Sanctuary.

(2) The map of the eco-sensitive zone along with latitude and longitude is appended to this notification as Annexure I. (3) The Eco-sensitive Zone is spread across 43 villages in Murud and Roha Taluka of Raigad District in Maharashtra State.

(4) The list of the villages falling within Eco-sensitive Zone along with survey numbers is appended as Annexure II.

2. Zonal Master Plan for the Eco-sensitive Zone.- (1) The State Government shall, for the purpose of the Eco- sensitive Zone prepare, a Zonal Master Plan, within a period of two years from the date of publication of final notification in the Official Gazette, in consultation with local people and adhering to the stipulations given in this notification.

(2) The Zonal Master Plan shall be approved by the Competent Authority in the State Government.

(3) The Zonal Master Plan for the Eco-sensitive Zone shall be prepared by the State Government in such manner as is specified in this notification and also in consonance with the relevant Central and State laws and the guidelines issued by the Central Government, if any.

(4) The Zonal Master Plan shall be prepared in consultation with all concerned State Departments, namely:-

(i) Environment;

(ii) Forest;

(iii) Urban Development;

(iv) Tourism;

(v) Municipal;

(vi) Revenue;

(vii) Agriculture;

(viii) Maharashtra State Pollution Control Board;

(ix) Irrigation;

(x) Public Works Department;

for integrating environmental and ecological considerations into it.

(5) The Master Plan shall not impose any restriction on the approved existing land use, infrastructure and activities, unless so specified in this notification and the Zonal Master Plan shall factor in improvement of all infrastructure and activities to be more efficient and eco-friendly.

(6) The Zonal Master plan shall provide for restoration of denuded areas, conservation of existing water bodies, management of catchment areas, watershed management, groundwater management, soil and moisture conservation, needs of local community and such other aspects of the ecology and environment that need attention.

(7) The Zonal Master Plan shall demarcate all the existing worshipping places, village and urban settlements, types and kinds of forests, agricultural areas, fertile lands, green area, such as, parks and like places, horticultural areas, orchards, lakes and other water bodies.

(8) The Zonal Master Plan shall regulate development in Eco-sensitive Zone as to ensure Eco-friendly development for livelihood security of local communities.

3. Measures to be taken by State Government.-The State Government shall take the following measures for giving effect to the provisions of this notification, namely:-

(1) Land use.- Forests, horticulture areas, agricultural areas, parks and open spaces earmarked for recreational purposes in the Eco-sensitive Zone shall not be used or converted into areas for commercial or industrial related development activities:

Provided that the conversion of agricultural lands within the Eco-sensitive Zone may be permitted on the recommendation of the Monitoring Committee, and with the prior approval of the State Government, to meet the residential needs of local residents, and for the activities against serial item numbers 10, 16, 22, 28 and 31 in column (2) of the Table in paragraph 4, namely:-

(i) Eco-friendly cottages for temporary occupation of tourists, such as tents, wooden houses, etc. for Eco-friendly tourism activities,

(ii) widening and strengthening of existing roads and construction of new roads.

(iii) small scale industries not causing pollution,

(iv) rainwater harvesting, and

(v) cottage industries including village industries, convenience stores and local amenities:

Provided further that no use of tribal land shall be permitted for commercial and industrial development activities without the prior approval of the State Government and without compliance of the provisions of article 244 of the Constitution or the law for the time being in force, including the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007):

Provided also that any error appearing in the land records within the Eco-sensitive Zone shall be corrected by the State Government, after obtaining the views of Monitoring Committee, once in each case and the correction of said error shall be intimated to the Central Government in the Ministry of Environment, Forest and Climate Change:

Provided also that the above correction of error shall not include change of land use in any case except as provided under this sub-paragraph.

Provided also that there shall be no consequential reduction in green area, such as forest area and agricultural area and efforts shall be made to reforest the unused or unproductive agricultural areas.

(2) Natural Springs.-The catchment areas of all natural springs shall be identified and plans for their conservation and rejuvenation shall be incorporated in the Zonal Master Plan and the guidelines shall be drawn up by the State Government to prohibit development activities at or near these areas in such a manner as which are detrimental to such areas.

(3) Tourism.- (a) The activity relating to tourism within the Eco-sensitive Zone shall be as per Tourism Master Plan, which shall form part of the Zonal Master Plan.

(b) The Tourism Master Plan shall be prepared by Department of Tourism, Government of Maharashtra in consultation with Department of Revenue and Forests, Government of Maharashtra.

(c) The activity of tourism shall be regulated as under, namely:-

(i) all new tourism activities or expansion of existing tourism activities within the Eco-sensitive Zone shall be in accordance with the guidelines issued by the Central Government in the Ministry of Environment, Forest and Climate Change and the eco-tourism guidelines issued by National Tiger Conservation Authority, (as amended from time to time) with emphasis on eco-tourism, eco-education and eco-development and based on carrying capacity study of the Eco-sensitive Zone;

(ii) no new commercial hotels and resorts shall be permitted within one kilometer of the boundary of the Protected Area except for accommodation for temporary occupation of tourists related to Eco-friendly tourism activities. However, beyond one kilometer and upto the extent of the Eco-sensitive Zone all new tourism activities or expansions of existing activities would in conformity and Tourism Master Plan and National Tiger Conservation Authority guidelines;

(iii) till the Zonal Master Plan is approved, development for tourism and expansion of existing tourism activities shall be permitted by the concerned regulatory authorities based on the actual site specific scrutiny and recommendation of the Monitoring Committee.

(4) Natural Heritage.- All sites of valuable natural heritage in the Eco-sensitive Zone, such as the gene pool reserve areas, rock formations, waterfalls, springs, gorges, groves, caves, points, walks, rides, cliffs, etc. shall be identified and preserved and plan shall be drawn up for their protection and conservation, within six months from the date of publication of this notification and such plan shall form part of the Zonal Master Plan.

(5) Man-made heritage sites.- Buildings, structures, artefacts, areas and precincts of historical, architectural, aesthetic, and cultural significance shall be indentified in the Eco-sensitive Zone and plans for their conservation shall be prepared within six months from the date of publication of this notification and incorporated in the Zonal Master Plan.

(6) Noise pollution.- The Environment Department of the State Government shall draw up guidelines and regulations for the control of noise pollution in the Eco-sensitive Zone in accordance with the provisions of the Air (Prevention and Control of Pollution) Act, 1981(14 of 1981) and the rules made thereunder.

(7) Air pollution.- The Environment Department of the State Government shall draw up guidelines and regulations for the control of air pollution in the Eco-sensitive Zone in accordance with the provisions of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and the rules made thereunder.

(8) Discharge of effluents.- The discharge of treated effluent in Eco-sensitive Zone shall be in accordance with the provisions of the Water (Prevention and Control of Pollution) Act, 1974(6 of 1974) and the rules made thereunder.

(9) Solid wastes. - Disposal of solid wastes shall be as under:-

(i) the solid waste disposal in Eco-sensitive Zone shall be carried out as per the provisions of the Municipal Solid Waste (Management and Handling) Rules, 2000 published by the Government of India in the erstwhile Ministry of Environment and Forests vide notification number S.O. 908 (E), dated the 25th September 2000 as amended from time to time;

(ii) the local authorities shall draw up plans for the segregation of solid wastes into biodegradable and non-biodegradable components;

(iii) the biodegradable material shall be recycled preferably through composting or vermiculture;

(iv) the inorganic material may be disposed in an environmental acceptable manner at site identified outside the Eco- sensitive Zone and no burning or incineration of solid wastes shall be permitted in the Eco-sensitive Zone.

(10) Bio-medical waste.- The bio-medical waste disposal in the Eco-sensitive Zone shall be carried out as per the provisions of the Bio-Medical Waste (Management and Handling) Rules, 1998 published by the Government of India in the erstwhile Ministry of Environment and Forests vide Notification number S.O. 630(E), dated the 20th July, 1998 as amended from time to time.

(11) Vehicular traffic. - The vehicular movement of traffic shall be regulated in a habitat friendly manner and specific provisions in this regard shall be incorporated in the Zonal Master Plan and till such time as the Zonal master plan is prepared and approved by the Competent Authority in the State Government, the Monitoring Committee shall monitor compliance of vehicular movement the rules and regulations under the relevant Acts and made thereunder.

(12) Industrial Units (a) No establishment of any new Industry causing water, air, soil, noise pollution within the proposed Eco-sensitive zone shall be permitted.

4. List of activities prohibited or to be regulated within the Eco-sensitive Zone.- All activities in the Eco sensitive Zone shall be governed by the provisions of the Environment (Protection) Act, 1986 (29 of 1986) and the rules made thereunder and be regulated in the manner specified in the Table below, namely:-

TABLE

5. Monitoring Committee:- (1) The Central Government hereby constitutes a Monitoring Committee, for effective monitoring of the Eco-sensitive Zone, which shall comprise of the following namely:-

(a) The Collector of Raigad District:

Chairman

Member

(b) One representative of Non Governmental Organisation working in the field of environment to be nominated by the Government of Maharashtra for a term of one year in each case:

Member

(c) one expert in the area of ecology and environment to be nominated by the Government of Maharashtra for a term of one year in each case:

(d) The Regional Officer, Maharashtra State Pollution Control

Member

Board.

(e) The Senior Town Planner of the area. Member

(f) The Conservator of Forest, Wildlife Division, Thane . Member Secretary

6. Terms of Reference:

(1) The Monitoring Committee shall monitor the compliance of the provisions of this Notification.

(2) The activities that are covered in the Schedule to the notification of the Government of India in the erstwhile Ministry of Environment and Forests number S.O. 1533 (E), dated the 14th September, 2006, and are falling in the Eco-sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4 thereof, shall be scrutinised by the Monitoring Committee based on the actual site-specific conditions and referred to the Central Government in the Ministry of Environment, Forest and Climate Change for prior environmental clearances under the provisions of the said notification.

(3) The activities that are not covered in the Schedule to the notification of the Government of India in the erstwhile Ministry of Environment and Forests number S.O. 1533 (E), dated the 14th September, 2006 and are falling in the Eco-sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4 thereof, shall be scrutinised by the Monitoring Committee based on the actual site-specific conditions and referred to the concerned Regulatory Authorities.

(4) The Member Secretary of the Monitoring Committee or the concerned Collector(s) or the concerned park Deputy Conservator of Forests shall be competent to file complaints under section 19 of the Environment (Protection) Act, 1986 (29 of 1986) against any person who contravenes the provisions of this notification.

(5) The Monitoring Committee may invite representatives or experts from concerned Departments, representatives from Industry Associations or concerned stakeholders to assist in its deliberations depending on the requirements on issue to issue basis.

(6) The Monitoring Committee shall submit the annual action taken report of its activities as on 31st March of every year by 30th June of that year to the Chief Wildlife Warden of the State as per pro forma appended at Annexure III.

(7) The Central Government in the Ministry of Environment, Forest and Climate Change may give such directions, as it deems fit, to the Monitoring Committee for effective discharge of its functions.

6. The Central Government and State Government may specify additional measures, if any, for giving effect to provisions of this notification.

7. The provisions of this notification shall be subject to the orders, if any, passed, or to be passed, by the Hon'ble Supreme Court of India or the High Court or National Green Tribunal .

[F. No.25/16/2015-ESZ-RE]

Dr. T. CHANDINI, Scientist 'G'

Annexure I

Map of proposed Eco-sensitive Zone along with coordinates

ANNEXURE II

List of Villages falling within the proposed Eco sensitive Zone

ANNEXURE III

Proforma of Action Taken Report: - Eco-sensitive Zone Monitoring Committee.-

1. Number and date of Meetings

2. Minutes of the meetings: Mention main noteworthy points. Attached Minutes of the meeting on separate Annexure.

3. Status of preparation of Zonal master Plan including Tourism master Plan

4. Summary of cases dealt for rectification of error apparent on face of land record.

Details may be attached as Annexure

5. Summary of cases scrutinized for activities covered under Environment Impact Assessment Notification, 2006 Details may be attached as separate Annexure.

6. Summary of case scrutinized for activities not covered under Environment Impact Assessment Notification, 2006

Details may be attached as separate Annexure.

7. Summary of complaints ledged under Section 19 of Environment (Protection) Act, 1986.

8. Any other matter of importance.

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