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

No. 124] NEW DELHI, FRIDAY, JANUARY 15, 2016/PAUSA 25, 1937

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MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

NOTIFICATION

New Delhi, the 13th January, 2016

S.O. 140(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 Someshwara Wildlife Sanctuary (named after Lord Someshwara, the presiding deity of the famous Someshwara Temple located within the sanctuary) situated in the Karkala and Kundapur Talukas of District Udupi and in Thirthahalli Taluka, District Shimoga, Karnataka lies between 13o29' and 13o36'N latitude and 74o50' and 75o05'E longitude notified in 1979 and is spread over an area of 314.25 square kilometers;

AND WHEREAS, the Wildlife Sanctuary is characterised by high rainfall of 6000-8000 mm and is known as the 'Chirrapunji of South India';

AND WHEREAS, the Someshwara Wildlife Sanctuary supports evergreen and semi-evergreen forest species in the hill slopes and semi-evergreen and mixed moist deciduous forest at foot hills and plains and degraded forest around habitations;

AND WHEREAS, the Someshwara Wildlife Sanctuary is rich in biodiversity, and is home to a number of critically endangered to endangered species such as the Tiger, Leopard, Black Panther, Wild Dog, Jungle Cat, Wild Pig, Sambhar Deer, Spotted Deer, Barking Deer, Lion Tailed Macaque, Bonnet Macaque, Gaur, Palm Civet, Otters, etc;

AND WHEREAS, due to its high biodiversity value, occurrence of many critically endangered species, its valued ecosystem services to the people of the region and its aesthetic value (landscape), the Someshwara Wildlife Sanctuary has been included as pert of one of the cluster of Western Ghats which was declared on 1st July, 2012 as a World Heritage Site;

AND WHEREAS, it is necessary to conserve and protect the geographical area the extent and boundaries of which is specified in paragraph 1 of this notifications around the protected area of Someshwara Wildlife 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 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 upto 5 kilometres around the boundary of Someshwara Wildlife Sanctuary in the State of Karnataka as the Someshwara Wildlife 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 area of Eco-Sensitive Zone is 49.8749 square kilometres with an extent upto 5 kilometres around the boundary of Someshwara Wildlife Sanctuary. Mookambika Wildlife Sanctuary and Kudremukh National Park adjoin the northern side and southern side of the Someshwara Wildlife Sanctuary consequently, no Eco-sensitive Zone has been proposed on these sides. The boundary details of such Zone are given in Annexure-I.

(2) The list of 27 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 (GPS points) on the eco-sensitive zone boundary as well as on the sanctuary 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;

(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 12, 18, 24, 29 and 32 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,

(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 of India 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[भाग II—खण्ड 3 (ii)] भारत का राजपत्रा : असाधरण 19 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 Someshwara Wildlife Sanctuary except for accommodation for temporary occupation of tourists related to eco-friendly tourism activities:

Provided that beyond the distance of one kilometre 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 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:-

5. Monitoring Committee.- The Central Government hereby constitutes a Monitoring Committee, for effective monitoring of the Eco-sensitive Zone falling in the State of Karnataka , which shall comprise of the following namely:-

(i) Regional Commissioner, Mysore - Chairman

(ii) Representative of Department of Environment, Government of Karnataka - Member

(iii) Representative of Department of Urban Development, Government of Karnataka - Member (iv) An expert in the area of ecology and environment - Member

to be nominated by the Government of Karnataka

for a period of one year.

(v) One representatives of Non-governmental Organisation - Member

(working in the field of environment including heritage

conservation) to be nominated by the Government of

Karnataka for a period of one year.

(vi) Executive Engineer, Karnataka Pollution Control Board - Member

(vii) Deputy Commissioner or his representative Shimoga - Member

(viii) Deputy Commissioner or his representative Udupi - Member

(ix) Hon'ble Member of Legislative Assembly , Thirthahalli Constituency - Member*

(x) Hon'ble Member of Legislative Assembly Karkala Constituency - Member*

(xi) Hon'ble Member of Legislative Assembly, Udupi Constituency, -Member*

(xii) Hon'ble Member of Legislative Assembly, Kundapur Constituency -Member*

(xiii) Hon'ble Member of Legislative Assembly, Byndoor Constituency -Member*

(xiv) Deputy Conservator of Forests Someshwara Wildlife Division - Member-Secretary

*(Subject to the State Government of Karnataka obtaining relevant approvals, inter alia, including permission from the Speaker of Legislative Assembly, Karnataka, if required)[भाग II—खण्ड 3 (ii)] भारत का राजपत्रा : असाधरण 23 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 Forest 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 scrutinized 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 Forest 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 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. 25/143/2015-ESZ-RE]

Dr.T.CHANDINI, Scientist 'G'

ANNEXURE-I

Boundary details of Eco-sensitive Zone of Someshwara Wildlife Sanctuary

North: The proposed Eco-sensitive zone of Someshwara Wildlife Sanctuary Boundary starts at the locality near Dasikan and traverses along the Tombettu R.F towards east direction and reaches near Kanchikal abbe falls. (Since, adjoining area is belongs to Mookambika Wildlife Sanctuary. Hence, proposed boundary line is taken as the boundary line of Someshwara Wildlife Sanctuary.) Then the line traverses towards east all along the Varahi River and touches the boundary of Manibailu Sate forest. Then the ESZ line runs all along the boundary of Manibailu state forest (since the large area has to be taken because the entire Varahi State forest and Manibailu state forest will be taken for the Eco- sensitive Zone area) and reaches the location point at B.M 549.4.

South: Then the boundary runs in the direction of South West along the Someshwara R.F. Boundary and reaches Sujikallugudda further then the line traverses towards West along Someshwara Reserved Forest Boundary and reaches the locality near Kutrekallu. Then the line traverses towards North West direction along the Someshwara Reserved Forest Boundary and reaches Korthabailu. Then the line traverses towards North West all along the boundary of Andaru RF and touches the Someshwara RF line near Konkanarabettu. Further the line traverses towards North and passes along the boundary line of Someshwara RF and touches the location point at B.M 59.6. Then the line traverses along madige enclosure revenue forest boundary line and passes towards North along the Handimane & Chandukundu enclosure revenue forest boundary line and touches the point near Hebri. Then the line traverses towards North passes along the Kuchur road & touches the location Kallillugudda. Further the line traverses towards West through Navodaya Bridge and passes through the Basadi road and then the line passes Handikallu, Kalthurbettu enclosure revenue forest boundary line. Further the line traverses towards South West along the revenue forest boundary line Wonikallu.

West: The eco sensitive boundary line runs towards North along road touches the location near Sitanadi River. Then the line traverses towards North East and touches the Gummahola footpath road. Further the line traverses towards North along the Honkal enclosure revenue forest boundary line. Further the line traverses along the Honkalhole and then reaches24 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] the locality near Kamtha. Then the line traverses towards South touches the Doopadkatte, Belinje road further traverses towards South all along the road near Badlu. Further the line traverses towards East along the road near Sallekatte. Then the line traverses towards East and the line passes the revenue forest boundary line of Mathkalgudde. Further the line traverses towards East and reaches Kanbettu and traverses along the revenue boundary line of Kuchur and touches the locality Halekodlu.

East: Then the ESZ boundary line runs towards South West along the boundary of Varahi State forest and reaches the location point Chyatrarmane. Then the line traverses towards North along the road and touches the locality Near Belagina mane. Then the line traverses towards North East and then towards South East along the footpath road through Nirga and reaches the point Koranakote. Then the line traverses towards South East along the road and touches the location Hebagilu. Then the line traverses towards South East along the stream reaches the location point Kokodu. Then the line traverses towards South East between dense jungle and along the stream reaches the location point Ilimane & then the line traverses towards South and reaches the road near Thumbinkallu. Then the line traverses towards South West and reaches the location B.M 635.5. Further the line traverses towards East along the stream then traverses along the Agumbe Hole and touches the state highway of Manipal – Shimogga. Further the line traverses along the road towards West on Agumbe – Surulihalla road. Then the line traverses towards South East and passes the Agumbe revenue forest line and touches the Agumbe – Malandoor road. Then the line traverses towards North and touches the Agumbe – Shringeri road. Further the line traverses all along the road and touches the Agasarakone road. Then the line traverses along the forest revenue boundary line of Hosangadi. Then the line traverses towards South East along the Stream and touches the location point near Thallurangadi. Further the line traverses towards North along the road touches the Agumbe – Shringeri road. Then the line traverses towards east all along the road reaches the location point Hosagadde. Further the line traverses towards South along the stream touches the boundary line of Balehalli State forest. Then the line traverses towards South all along the boundary of Balehalli & Someshwara RF and reaches the location near Manikyabetta (since the adjoining area is pertaining to Kudremukh National Park therefore, Someshwara Wildlife Sanctuary boundary is considered for Eco- sensitive zone boundary)

ANNEXURE-II

List of the villages falling within the Someshwara Wildlife Sanctuary Eco-Sensitive Zone

Annexure-III

Map of Eco-sensitive zone

GPS locations of Someshwara Wildlife Sanctuary

GPS locations of Someshwara Eco-Sensitive Zone boundary

ANNEXURE-V

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.

[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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