The following draft of the notification, which the Central Government proposes to issue in exercise of the powers conferred by sub-section

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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. 2775] नई दिल्ली, मंगलवार, दिसम्बर 22, 2015/पौष 1, 1937

No. 2775] NEW DELHI, TUESDAY, DECEMBER 22, 2015/PAUSA 1, 1937

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MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE

NOTIFICATION

New Delhi, the 18th December, 2015

S.O. 3496(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, Forests 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, Kasu Brahmananda Reddy National Park is located in the densely populated residential and commercial area in the metropolitan city of Hyderabad;

And Whereas, the National Park acts as a vast carbon sink for the rapidly developing city of Hyderabad and stands as the last vestige of the flora, fauna and unique rock formations representing the rich bio-diversity of Deccan Plateau, which includes more than 600 plant species, 120 bird species, 20 mammal species, 20 species of reptiles and amphibians, hundreds of species of insects, and other invertebrates;

And Whereas, neither Forest Area nor any open area is existing all around the National Park and only a width of 25 to 35 meters of Hyderabad Metropolitan Development Authority (HMDA) Walk Way is available as open space around the National Park;

And Whereas, it is necessary to conserve and protect the area, the extent and boundaries of which is specified in paragraph 1 of this notification up to 25 to 35 Meters from the boundary of the Kasu Brahmananda Reddy National Park 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 clause (v) and clause (xiv) of sub–section (2) and section 3 of the Environment (Protection) Act, 1986 (29 of 1986), read with sub-rule (3) of rule 5 of theभारत का राजपत्रा : असाधरण [भाग II—खण्ड 3(ii)] 11 Environment (Protection) Rules, 1986, the Central Government hereby notifies an area to an extent of 25 meters to 35 meters all around the boundary of Kasu Brahmananda Reddy National Park in the State of Telangana, as the Eco- sensitive Zone (hereinafter referred to as the Eco-sensitive Zone) details of which are as under, namely:-

1. Extent and Boundary of Eco-sensitive Zone.-(1) The extent of Eco-sensitive Zone is 25 meters to 35 meters, covering Hyderabad Metropolitan Development Authority (HMDA) Walk Way, all around the boundary of the Kasu Brahmananda Reddy National Park, Hyderbad in the state of Telangana.

(2) The map of Eco-sensitive Zone along with coordinates is appended as Annexure I;

2. Zonal Master Plan for 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 said 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) State Pollution Control Board;

(ix) Irrigation; and

(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 Governments 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 listed against serial 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;

(iii) small scale industries not causing pollution;

(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, Forests 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 in such a manner as to prohibit development activities at or near these areas 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, in consultation with Department of Forests and Environment, Government of Telangana.

(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, Forests 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) new construction of hotels and resorts shall not be permitted within one kilometer from the boundary of the Kasu Brahmananda Reddy National Park except for accommodation for temporary occupation of tourists related to Eco- friendly tourism activities.

(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 or State Pollution Control Board 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 or State Pollution Control Board 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 environmentally 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 under the relevant Acts and the rules and regulations made thereunder.

(12) Industrial units.- (a) No establishment of new wood based Industries within the proposed Eco-sensitive zone shall be permitted except the existing wood based Industries set up as per the Law.

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

(a)      District Magistrate and Collector, Hyderabad                                 –        Chairman;
(b)      one representative of Non Governmental Organisations working in the field of environment to be nominated by
         the Government of Telangana 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 Telangana  for a term
         of one year in each case                                                     –     Member;
(d)      Regional Officer, State Pollution Control Board                              –        Member;
(e)      Senior Town Planner of the area or Chief Urban Planner or City Planner        –       Member;
(f)   Divisional Forest officer territory, Hyderabad                                  –        Member Secretary.

Terms of Reference.-

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

(3) 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, Forests and Climate Change for prior environmental clearances under the provisions of the said notification.

(4) 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.

(5) 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.

(6) 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.

(7) 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 as Annexure II.

(8) The Central Government in the Ministry of Environment, Forests 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 the National Green Tribunal.

[F. No. -25/54/2014-ESZ-RE]

Dr. T. CHANDINI, Scientist 'G'16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] Annexure I

Map of Eco-Sensitive Zone:

Annexure II

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. Attach 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 scrutinised 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 (29 of 1986).

8. Any other matter of importance.

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