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

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. 121] नई दिल्ली, शुक्रवार, जनवरी 15, 2016/पौष 25, 1937

No. 121] NEW DELHI, FRIDAY, JANUARY 15, 2016/PAUSA 25, 1937

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[email protected]

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III12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] IV

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MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

NOTIFICATION

New Delhi, the 13th January, 2016

S.O. 137(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-110003, or send it to the e-mail address of the Ministry at [email protected]

Draft Notification

WHEREAS, the Gudekote Sloth Bear Sanctuary situated in the Kudligi and Sandur Talukas of District Bellary, Karnataka lies between 14o50' and 11o06'N latitude and 76o37' and 55o7'E longitude covering a total geographic area of 38.48 square kilometre was notified in 2013 primarily for the conservation of the endangered mammal, the Sloth Bear;

AND WHEREAS, the Sanctuary's rocky boulder terrain with caves, scrub jungle is an ideal habitat for the Sloth Bear and the sanctuary also has tree species such as Red Sandal, Ficus, etc and fauna such as Leopard, Pangolin, Civet Cat, Jungle Cat, Wild Boar, Jackal, Porcupine, Black-naped Hare, Ruddy Mongoose, etc, some of which are Schedule-I species and it also forms a habitat for about 150 species of birds and reptiles such as Star Tortoise, Python, Russell's Viper, Red Sand Boa, Cobra, etc.

AND WHEREAS, it is necessary to conserve and protect the Sloth Bear, Leopard and other endangered faunal biodiversity and wildlife therein and its environment by establishing an Eco-Sensitive Zone along the periphery of the Sloth Bear Sanctuary.

AND WHEREAS, it is necessary to conserve and protect the geographical area the extent and boundaries of which are specified in paragraph 1 of this notification around the protected area of Gudekote Sloth Bear Sanctuary as Eco-sensitive Zone from ecological and environmental aspects, to conserve and protect the biodiversity and wildlife therein and its environment and to prohibit industries or class of industries and their operations and process in the said Eco-sensitive Zone;

NOW THEREFORE, in exercise of the power 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 with an extent varying from 275metre to 4.75 kilometre all around the boundary of Gudekote Sloth Bear Sanctuary in the State of Karnataka as the Gudekote Sloth Bear Sanctuary Eco-sensitive Zone (herein after 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 95.258 square kilometre with an extent varying from 275 meter to 4.75 kilometres around the boundary of Gudekote Sloth Bear Sanctuary and the boundary details of such Zone are given in Annexure-I.

(2) The list of seven villages falling within Eco-sensitive Zone along with co-ordinates of prominent points is appended as Annexure-II.

(3) The map of the Eco-sensitive Zone along with boundary details and latitudes and longitudes is appended as Annexure-III.

(4) Key locations of the eco-sensitive zone as well as of the sanctuary boundary are appended as Annexure-IV.

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 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 a 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) Karnataka 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 needs attention.

(7) The Zonal Master Plan shall demarcate all the existing worshipping places, village and urban settlements, types and kinds of forests, tribal areas, 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 so 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 listed against serial numbers 11, 17, 23, 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 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 of the State Government.

(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 the 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 Gudekote Sloth Bear Sanctuary except for accommodation for temporary occupation of tourists related to eco-friendly tourism activities:

Provided that beyond the distance of one kilometer from the boundary of the protected areas till the extent of the Eco-sensitive Zone, the establishment of new hotels and resorts shall be permitted only in pre-defined and designated areas for eco-tourism facilities as per Tourism Master Plan.

(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[भाग II—खण्ड 3 (ii)] भारत का राजपत्रा : असाधरण 17 preserved and plan shall be drawn up for their protection and conservation, within six months from the date of publication of final 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 final notification and incorporated in the Zonal Master Plan.

(6) Noise pollution.- The Environment Department of the State Government or Karnataka 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 there under.

(7) Air pollution.- The Environment Department of the State Government or Karnataka 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 there under.

(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 there under.

(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(s) 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, 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:-

(i) Regional Commissioner, Gulbarga –Chairman;

(ii) Hon'ble Member of Legislative Assembly, Kudligi Constituency, Ballari District – Member;

(iii) Representative of the Department of Environment, Government of Karnataka -Member;

(iv) Representative of the Department of Urban Development, Government of Karnataka -Member;

(v) Representative of Non-governmental Organisations working in the field of natural conservation (including heritage conservation) to be nominated by the Government of Karnataka - Member;

(vi) The Regional Officer, Karnataka State Pollution Control Board, -Member;

(vii) One expert in Ecology from reputed Institution or University of the State of Karnataka to be nominated by the Government of Karnataka –Member;

(viii) Deputy Commissioner or his representative, Bellary District -Member

(ix) The Deputy Conservator of Forests, Bellary Division, Bellary – 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 paragraph20 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] 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-V.

(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.

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

8. 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. 25/145/2015-ESZ-RE]

Dr. T.CHANDINI, Scientist 'G'

ANNEXURE-I

BOUNDARY DESCRIPTION OF GUDEKOTE SLOTH BEARSANCTUARY ECOSENSITIVE ZONE

The point number -1(N 14 54 21.10; E 76 38 26.34) is located at the crossing of Road Shaliyappanahalli- Appenhalli Road with Shaliyappanahalli Reserve forest boundary near Shaliyappanahalli village then the boundary line runs west all along the boundary of the Shaliyappanahalli Reserve forest boundary throught point no-2 to 20 and up to point no.-21 (N 14 54 40.74 ; E 76 40 38.74), then the boundary line moves south and meets Appenhalli Reserve Forest boundary, then boundary line turns towards east at point no-22 and runs along the Appenhalli RF boundary, through point no-23, 24, 25 and upto point no- 26 then the boundary moves in south direction upto point no-27 which is located on Road Appenhalli- Gudekote , then boundary line moves along the road upto point no-28, then the boundary line runs towards south-east along nallahupto point no-29 Halasagara Village settlement then the boundary line runs towards east through point no-30 and upto point no-31, then the boundary line runs along the nallaha leading to the Rayapura Tank through point no-32, 33 and upto point 34 located on the southern edge of the Rayapura Tank Bund, then the boundary line runs south up to point no-35, then the boundary line turns towards west through point no-36 and up to point no-37 and then boundary line runs south to reach point no 38 located at the turn of Road Talvarhalli to chikkerhalli , then the boundary line moves west to reach Hangal-Gudekote Road and moves along the road up to point no-39 located at the crossing of Road and sidlihalla ( nallah), then the boundary line runs along the sidlihallanallahaupto the point no-40 loacted on the boundary of the Sidegallu Reserve Forest, then the boundary line runs along the sidegallu RF boundary to reach point no-41, located at the crossing of Sidegallu Reserve Forest boundary and Road leading to Gudekote, then the boundary line turns north nad runs along the Road to reach point no-43, then the boundary moves towards east direction and reach point no 44 and then moves north-west direction through point no-45, and to reach point no-46 located on the Gudekote Tank Bund , then the boundary line runs along the tank boundary through point no-47 and to reach point no-48 then the boundary line moves in north- west direction through point no-49, 50,and to reach point no- 51 located on the Ramdurga- Shaliyappanahalli Road, then the boundary line runs through point no-52, 53,54 and reach point no-56 along the Ramdurga- Shaliyappanahalli Road, then the boundary line runs outside the Shaliyappanahalli village settlement and then along the Road to reach starting point no-1.

ANNEXURE-II

LIST OF VILLAGES FALLING WITHIN THE GUDEKOTE SLOTH BEAR SANCTUARY ECO SENSITIVE

ZONE

ANNEXURE-III

MAP OF ECO-SENSITIVE ZONE OF GUDEKOTE SLOTH BEARSANCTUARY WITH LATITUDES AND

LONGITUDES

Key Locations with GPS Co-ordinates of Gudekote Sloth Bear Sanctuary

Key Locations (GPS Points) on the GudekoteSloth Bear Sanctuary (Block-02)

Key points along the boundary of Eco-Sensitive Zone

(Datum WGS-84)

Performa 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 as 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 (Eco-sensitive Zone wise).

[Details may be attached as Annexure]

5. Summary of cases scrutinised for activities covered under the Environment Impact Assessment notification, 2006.

[Details may be attached as separate Annexure]

6. Summary of cases scrutinised for activities not covered under the Environment Impact Assessment notification, 2006.

[Details may be attached as separate Annexure]

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

8. Any other matter of importance.

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