Notification, 2019

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

EXTRAORDINARY

PUBLISHED BY AUTHORITY

MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

NOTIFICATION

New Delhi, the 9th October, 2019

S.O. 3650(E).—WHEREAS, a draft notification was published in the Gazette of India, Extraordinary, vide notification of the Government of India in the Ministry of Environment, Forest and Climate Change number

S.O. 3544(E) dated the 20th July 2018, inviting objections and suggestions from all persons likely to be affected thereby within the period of sixty days from the date on which copies of the Gazette containing the said notification were made available to the public; AND WHEREAS, copies of the Gazette containing the said draft notification were made available to the public on the 20th July 2018;

AND WHEREAS, no objections and suggestions were received from persons and stakeholders in response to the draft notification;

AND WHEREAS, Melaselvanoor - Keelaselvanoor Bird Sanctuary, otherwise known as “Melaselvanoor - Keelaselvanoor Kanmai” is located near Sayalkudi in Kadaladi taluk of Ramanathapuram District in Tamil Nadu. It is located between 9°13’47” and 9°12’27” N latitude and 78°32’29” and 78°34’28” E longtitude. The Sanctuary lies in S.F. No. 166 of 78 Melaselvanoor with 321.48.5 hectares area and S.F. No 128 of 79 Keelaselvanoor with 271.59.5 hectares area totally extending over an area of 593.08 hectares or 5.93 square kilometres. The Government vide its government order G.O (Ms.) No. 206 Environment and Forests (FR.5) dated 1.12.2010 has made the final notification of Bird Sanctuary under Section 26 A (1) of the Wildlife (Protection) Act, 1972; AND WHEREAS, varieties of migratory bird species arrives from different countries for feeding and nesting purpose. About 16000 birds belonging to 45 species have been listed. The important bird species found in the Sanctuary includes, white ibis, black ibis, open-billed stork, egrets, mynas, teals, ducks, darters, herons, pelicans, etc. The Melaselvanoor & Keelaselvanoor Bird Sanctuary is biggest inhabitant for varieties of floral and faunal diversity and also has high richness of near threatened species such as pelican, painted stork, eurasian spoon bill, white ibis, darter, flamingo and water birds viz, common coot, pin tail, garganey, egrets, cormorants, black winged stilt, kingfisher, common myna, brahminy kite, spotted owlet and also documented more than 78 common birds;

AND WHEREAS, the Sanctuary offers ideal habitat for winter migratory birds with considerable diversity in nesting and feeding ground. It is one of the preferred nesting sites for heronry species and colonial birds migrating to South India. The feathered visitors flock the Sanctuary from October to February. The wetland is irregular in depth and retains water for 3 to 5 months, if rain is normal. Envisaging successful management measures will attract more breeding species and wintering species to enhance the diversity which in turn will attract more tourists, birdwatchers and students. The best time to visit the Sanctuary for bird watching is November- January when bird population and species diversity is at the highest; AND WHEREAS, the Melaselvanoor - Keelaselvanoor Bird Sanctuary is basically an irrigation tank that is used for storing water for agriculture recharged by the northeast monsoons from October till January and the tank remains completely dry from March to August. As the Sanctuary is basically an irrigation tank, there is no natural forest within the Sanctuary. Babul (Acacia nilotica) plantations were raised by the Forest Department. The Sanctuary being a irrigation tank has very less faunal species (except Avifauna) which include Indian grey mongoose (Herpestes edwardsii), Indian palm squirrel (Funambulus palmarum), jackal (Canis aureus), Indian flying fox (Pteropus giganteus, black-naped hare (Lepus nigricollis) and bandicoot rat (Bandicota bengalensis), etc;

AND WHEREAS, the Sanctuary has variety of flora and fauna including birds, insects, butterflies, reptiles and amphibians. Examples of flora recorded in the Sanctuary are Panai (Borassus flabellifer L.), Erukku (Calotropis gigantea L. R.Br.), Avaram, Avaarai (Senna auriculata (L.) Roxb.), Puliya maram (Tamarindus indica L.), Nai kadugu, Nai vaelai (Cleome viscosa L.), etc; some example of birds are little grebe (Tachybaptusruficollis), spot-billed pelican (Pelecanusphilippensis), little cormorant (Phalacrocoraxniger), great cormorant (Phalacrocoraxcarbo), darter (Anhinga melanogaster), etc; examples of reptiles are house gecko (Hemidactylus frenatus), spotted Indian gecko (Hemidactylus brookii), garden lizard (Calotes versicolor), common Indian skink (Eutrophis carinata), checkered keelback (Xenochrophis piscator), Indian cobra (Naja naja), etc;

AND WHEREAS, rare and threatened species has been recorded in the Sanctuary. Examples of rare species are great cormorant (Phalacrocorax carbo), purple heron (Ardea cinerea), yellow bittern (Lxobrychus sinensis), chestnut bittrem (Lxobrychus cinnamomeus), black bittern (Dupetor flavicollis), comb duck (Sarkidiornis melanotos), northern shoveller (Anas clypeata), common teal (Abas crecca), common redshank (Tringa tetanus), common greenshank (Tringa nebularia) and pied crested cuckoo (Clamator jacobinus). Examples of threatened species are spot- billed pelican (Pelecanus philippensis) and painted stork (Mycteria leucocephala), etc; AND WHEREAS, Melaselvanoor, Keelaselvanoor and Orivayal, the three villages surrounding the notified area have population of 2817 men and 3038 women respectively with the total population of 5855 individuals. Most of the people depend upon rain fed agriculture while the rest earn their livelihood as daily wage labourers. The villagers belong to Pallan, Agamudiyar, Yathaver, Asari, Vannan and Muslim communities. The ethnic identity is thus varied; tradition and customs are also varying accordingly. There is no major rift between communities and they mostly live in harmony with existing socio-political scenario;

AND WHEREAS, agriculture and allied activities such as live stock rearing, poultry are the major sources of economy for the people living in the proposed Eco-Sensitive zone. Brick and charcoal making also contribute to their livelihood. Though the primary source of income in villages around the Sanctuary is agriculture, due to lack of rain often the crops fail. As a result cattle rearing, firewood cutting and selling, and charcoal manufacturing become alternative sources of income. Owing to frequent crop failure and absence of other sources of livelihood the income levels recorded in the villages is quite low. In Melaselvanur village the average annual income is Rs. 36000 while in other villages it ranged between Rs. 25000-30000. As a consequence majority of the villagers are below poverty line;

AND WHEREAS, it is necessary to conserve and protect the area, the extent and boundaries of Melaselvanoor - Keelaselvanoor Bird Sanctuary which are specified in paragraph 1 as Eco-Sensitive Zone from ecological, environmental and biodiversity 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) (hereafter in this notification referred to as the Environment Act) 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 0.019 kilometre to 2.00 kilometre around the boundary of Melaselvanoor - Keelaselvanoor Bird Sanctuary, in Ramanathapuram district in the State of Tamil Nadu as the Eco-Sensitive Zone (hereafter in this notification 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 shall be to an extent of 0.019 kilometre to 2.00 kilometre around the boundary of Melaselvanoor - Keelaselvanoor Bird Sanctuary and the area of the Eco-Sensitive Zone is 11.5108 square kilometres.

(2) The boundary description of Melaselvanoor - Keelaselvanoor Bird Sanctuary and its Eco- Sensitive Zone is appended in Annexure-I.

(3) The maps of the Melaselvanoor - Keelaselvanoor Bird Sanctuary demarcating Eco-Sensitive Zone along with boundary details and latitudes and longitudes are appended as Annexure-

(4) List of geo-coordinates of the boundary of Melaselvanoor - Keelaselvanoor Bird Sanctuary and Eco-Sensitive Zone are given in Table A and Table B of Annexure-III.

(5) The list of villages falling in the Eco-Sensitive Zone along with their geo co-ordinates at prominent points is appended as Annexure-IV.

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

(2) 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.

(3) The Zonal Master Plan shall be prepared in consultation with the following Departments of the State Government, for integrating the ecological and environmental considerations into the said plan:-

(i) Environment;

(ii) Forest and Wildlife;

(iii) Agriculture;

(iv) Revenue;

(vi) Tourism;

(vii) Rural Development;

(viii) Irrigation and Flood Control;

(ix) Municipal;

(x) Panchayati Raj; and

(xi) Public Works Department.

(4) The Zonal 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.

(5) 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.

(6) The Zonal Master Plan shall demarcate all the existing worshipping places, villages 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 with supporting maps giving details of existing and proposed land use features.

(7) The Zonal Master Plan shall regulate development in Eco-Sensitive Zone and adhere to prohibited and regulated activities listed in the Table in paragraph 4 and also ensure and promote eco-friendly development for security of local communities’ livelihood.

(8) The Zonal Master Plan shall be co-terminus with the Regional Development Plan.

(9) The Zonal Master Plan so approved shall be the reference document for the Monitoring Committee for carrying out its functions of monitoring in accordance with the provisions of this notification.

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

(1) Land use.– (a) 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 residential or industrial activities: Provided that the conversion of agricultural and other lands, for the purpose other than that specified at part (a) above, within the Eco-Sensitive Zone may be permitted on the recommendation of the Monitoring Committee, and with the prior approval of the competent authority under Regional Town Planning Act and other rules and regulations of Central Government or State Government as applicable and vide provisions of this Notification, to meet the residential needs of the local residents and for activities such as:-

(i) widening and strengthening of existing roads and construction of new roads;

(ii) construction and renovation of infrastructure and civic amenities;

(iii) small scale industries not causing pollution;

(iv) cottage industries including village industries; convenience stores and local amenities supporting eco-tourism including home stay; and

(v) promoted activities given under paragraph 4:

Provided further that no use of tribal land shall be permitted for commercial and industrial development activities without the prior approval of the competent authority under Regional Town Planning Act and other rules and regulations 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 correction of error shall not include change of land use in any case except as provided under this sub-paragraph.

(b) Efforts shall be made to reforest the unused or unproductive agricultural areas with afforestation and habitat restoration activities.

(2) Natural water bodies.-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 so as to prohibit development activities at or near these areas which are detrimental to such areas.

(3) Tourism or Eco-tourism.- (a) All new eco-tourism activities or expansion of existing tourism activities within the Eco-Sensitive Zone shall be as per the Tourism Master Plan for the Eco- Sensitive Zone.

(b) The Eco-Tourism Master Plan shall be prepared by the State Department of Tourism in consultation with State Departments of Environment and Forests.

(c) The Tourism Master Plan shall form a component of the Zonal Master Plan.

(d) The Tourism Master Plan shall be drawn based on the study of carrying capacity of the Eco-Sensitive Zone.

(e) The activities of eco-tourism shall be regulated as under, namely:-

(i) new construction of hotels and resorts shall not be allowed within one kilometre from the boundary of the protected area or upto the extent of the Eco-Sensitive Zone whichever is nearer:

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

(ii) 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;

(iii) until 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 and no new hotel, resort or commercial establishment construction shall be permitted within Eco-Sensitive Zone area.

(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 a heritage conservation plan shall be drawn up for their preservation and conservation as a 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 identified in the Eco-Sensitive Zone and heritage conservation plan for their conservation shall be prepared as part of the Zonal Master Plan.

(6) Noise pollution. - Prevention and control of noise pollution in the Eco-Sensitive Zone shall be complied in accordance with the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 under the Environment Act.

(7) Air pollution.- Prevention and control of air pollution in the Eco-Sensitive Zone shall be compiled 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.- Discharge of treated effluent in Eco-Sensitive Zone shall be in accordance with the provisions of the General Standards for Discharge of Environmental Pollutants covered under the Environment Act and the rules made thereunder or standards stipulated by State Government whichever is more stringent.

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

(a) the solid waste disposal and management in the Eco-Sensitive Zone shall be carried out in accordance with the Solid Waste Management Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number

S.O. 1357 (E), dated the 8th April, 2016; the inorganic material may be disposed in an environmental acceptable manner at site identified outside the Eco- Sensitive Zone;

(b) safe and Environmentally Sound Management (ESM) of Solid wastes in conformity with the existing rules and regulations using identified technologies may be allowed within Eco-Sensitive Zone.

(10) Bio-Medical Waste.– Bio Medical Waste Management shall be as under:-

(a) the Bio-Medical Waste disposal in the Eco-Sensitive Zone shall be carried out in accordance with the Bio-Medical Waste Management, Rules, 2016 published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number

G.S.R 343 (E), dated the 28th March, 2016.

(b) safe and Environmentally Sound Management of Bio-Medical Wastes in conformity with the existing rules and regulations using identified technologies may be allowed within the Eco-Sensitive Zone.

(11) Plastic waste management.- The plastic waste management in the Eco-Sensitive Zone shall be carried out as per the provisions of the Plastic Waste Management Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number

G.S.R. 340(E), dated the 18th March, 2016, as amended from time to time.

(12) Construction and demolition waste management.- The construction and demolition waste management in the Eco-Sensitive Zone shall be carried out as per the provisions of the Construction and Demolition Waste Management Rules, 2016 published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number

G.S.R. 317(E), dated the 29th March, 2016, as amended from time to time.

(13) E-waste.- The e - waste management in the Eco-Sensitive Zone shall be carried out as per the provisions of the E-Waste Management Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change, as amended from time to time.

(14) 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.

(15) Vehicular pollution.- Prevention and control of vehicular pollution shall be incompliance with applicable laws and efforts shall be made for use of cleaner fuels.

(16) Industrial units.– (i) On or after the publication of this notification in the Official Gazette, no new polluting industries shall be permitted to be set up within the Eco-Sensitive Zone.

(ii) Only non-polluting industries shall be allowed within Eco-Sensitive Zone as per the classification of Industries in the guidelines issued by the Central Pollution Control Board in February, 2016, unless so specified in this notification, and in addition, the non- polluting cottage industries shall be promoted.

(17) Protection of hill slopes.- The protection of hill slopes shall be as under:-

(a) the Zonal Master Plan shall indicate areas on hill slopes where no construction shall be permitted;

(b) construction shall not be permitted on existing steep hill slopes or slopes with a high degree of erosion.

4. List of activities prohibited or to be regulated within Eco-Sensitive Zone.- All activities in the Eco-Sensitive Zone shall be governed by the provisions of the Environment Act and the rules made thereunder including the Coastal Regulation Zone, 2011 and the Environmental Impact Assessment Notification, 2006 and other applicable laws including the Forest (Conservation) Act, 1980 (69 of 1980), the Indian Forest Act, 1927 (16 of 1927), the Wildlife (Protection) Act, 1972 (53 of 1972), and amendments made thereto and be regulated in the manner specified in the Table below, namely:-

TABLE

S. No.

Activity Description A. Prohibited Activities

1. Commercial mining, stone quarrying and crushing units.

(a) All new and existing mining (minor and major minerals), stone quarrying and crushing units are prohibited with immediate effect except for meeting the domestic needs of bona fide local residents including digging of earth for construction or repair of houses and for manufacture of country tiles or bricks for housing and for personal consumption;

(b) The mining operations shall be carried out in accordance with the order of the Hon’ble Supreme Court dated the 4 th August, 2006 in the matter of T.N.

Godavarman Thirumulpad Vs. UOI in W.P.(C) No.202 of 1995 and dated the 21 st April, 2014 in the matter of Goa Foundation Vs. UOI in W.P.(C) No.435 of 2012.

S. No.

Activity Description

2. Setting of industries causing pollution (Water, Air, Soil, Noise, etc.).

New industries and expansion of existing polluting industries in the Eco-Sensitive Zone shall not be permitted:

Provided that non-polluting industries shall be allowed within Eco-Sensitive Zone as per classification of Industries in the guidelines issued by the Central Pollution Control Board in February, 2016, unless otherwise specified in this notification and in addition the non-polluting cottage industries shall be promoted.

3. Establishment of major hydro-electric project.

Prohibited (except as otherwise provided) as per the applicable laws.

4. Use or production or processing of any hazardous substances.

Prohibited (except as otherwise provided) as per the applicable laws.

5. Discharge of untreated effluents in natural water bodies or land area.

Prohibited (except as otherwise provided) as per the applicable laws.

6. Setting up of new saw mills. New or expansion of existing saw mills shall not be permitted within the Eco-Sensitive Zone.

7. Setting up of brick kilns. Prohibited (except as otherwise provided) as per the applicable laws.

8. Commercial establishment of hotels and resorts.

No new commercial hotels and resorts shall be permitted within one kilometer of the boundary of the protected area or upto the extent of Eco-Sensitive Zone, whichever is nearer, except for small temporary structures for eco- tourism activities:

Provided that, beyond one kilometer from the boundary of the protected area or upto the extent of Eco-Sensitive Zone whichever is nearer, all new tourist activities or expansion of existing activities shall be in conformity with the Tourism Master Plan and guidelines as applicable.

9. Construction activities. (a) New commercial construction of any kind shall not be permitted within one kilometer from the boundary of the protected area or upto extent of the Eco- Sensitive Zone, whichever is nearer:

Provided that, local people shall be permitted to undertake construction in their land for their use including the activities mentioned in sub-paragraph (1) of paragraph 3 as per building bye-laws to meet the residential needs of the local residents.

Provided further that the construction activity related to small scale industries not causing pollution shall be regulated and kept at the minimum, with the prior permission from the competent authority as per applicable rules and regulations, if any.

(b) Beyond one kilometer it shall be regulated as per the Zonal Master Plan.

10. Small scale non polluting industries. Non polluting industries as per classification of industries issued by the Central Pollution Control Board in February, 2016 and non-hazardous, small-scale and service industry, agriculture, floriculture, horticulture or agro-based industry producing products from indigenous materials from the Eco-Sensitive Zone shall be permitted by the competent Authority.

S. No.

Activity Description

11. Felling of trees. (a) There shall be no felling of trees in the forest or Government or revenue or private lands without prior permission of the Competent Authority in the State Government.

(b) The felling of trees shall be regulated in accordance with the provisions of the concerned Central or State Act and the rules made thereunder.

12. Establishment of large-scale commercial livestock and poultry farms by firms, corporate and companies.

Regulated (except otherwise provided) as per the applicable laws except for meeting local needs.

13. Collection of Forest produce or Non- Timber Forest produce.

Regulated as per the applicable laws.

14. Erection of electrical and communication towers and laying of cables and other infrastructures.

Regulated under applicable laws (underground cabling may be promoted).

15. Infrastructure including civic amenities. Taking measures of mitigation as per the applicable laws, rules and regulations and guidelines.

16. Widening and strengthening of existing roads and construction of new roads.

Taking measures of mitigation as per the applicable laws, rules and regulation and available guidelines.

17. Undertaking other activities related to tourism like flying over the Eco- Sensitive Zone area by hot air balloon, helicopter, drones, Microlites, etc.

Regulated as per the applicable laws.

18. Protection of hill slopes and river banks.

Regulated as per the applicable laws.

19. Movement of vehicular traffic at night. Regulated for commercial purpose under applicable laws.

20. Ongoing agriculture and horticulture practices by local communities along with dairies, dairy farming, aquaculture and fisheries.

Permitted as per the applicable laws for use of locals.

21. Discharge of treated waste water or effluents in natural water bodies or land area.

The discharge of treated waste water or effluents shall be avoided to enter into the water bodies and efforts shall be made for recycle and reuse of treated waste water.

Otherwise the discharge of treated waste water or effluent shall be regulated as per the applicable laws.

22. Commercial extraction of surface and ground water.

Regulated as per the applicable laws.

23. Open Well, Bore Well, etc. for agriculture or other usage.

Regulated and the activity should be strictly monitored by the appropriate authority.

24. Solid waste management. Regulated as per the applicable laws.

25. Introduction of exotic species. Regulated as per the applicable laws.

26. Eco-tourism. Regulated as per the applicable laws.

27. Use of polythene bags. Regulated as per the applicable laws.

28. Commercial sign boards and hoardings.

Regulated as per the applicable laws.

29. Use of Fire Crackers. Regulated as per the applicable laws.

30. Charcoal Burning. Regulated as per the applicable laws.

31. Rain water harvesting. Shall be actively promoted.

S. No.

Activity Description

32. Organic farming. Shall be actively promoted.

33. Adoption of green technology for all activities.

Shall be actively promoted.

34. Cottage industries including village artisans, etc.

Shall be actively promoted.

35. Use of renewable energy and fuels. Bio-gas, solar light, etc. shall be actively promoted.

36. Agro-Forestry. Shall be actively promoted.

37. Plantation of Horticulture and Herbals. Shall be actively promoted.

38. Use of eco-friendly transport. Shall be actively promoted.

39. Skill Development. Shall be actively promoted.

40. Restoration of degraded land/ forests/ habitat.

Shall be actively promoted.

41. Environmental awareness. Shall be actively promoted.

5. Monitoring Committee for Monitoring the Eco-Sensitive Zone Notification.- For effective monitoring of the provisions of this notification under sub-section (3) of section 3 of the Environment (Protection) Act, 1986, the Central Government hereby constitutes a Monitoring Committee, comprising of the following, namely:- S N Constituent of the Monitoring Committee Designation

(i) The District Collector, Ramanathapuram Chairman, ex officio;

(ii) A representative of Non-governmental Organisation working in the field of wildlife conservation to be nominated by State Government Member;

(iii) An expert in Biodiversity nominated by the State Government Member;

(iv) An expert in Ecology and Environment to be nominated by the State Government Member;

(v) A representative from State Public Works Department Member;

(vi) A representative from State Pollution Control Board Member;

(vii) Wildlife Warden, Gulf of Mannar Marine National Park, Ramanathapuram

6. Terms of reference. – (1) The Monitoring Committee shall monitor the compliance of the provisions of this notification.

(2) The tenure of the Monitoring committee shall be for three years or till the re-constitution of the new Committee by the State Government and subsequently the Monitoring Committee shall be constituted by the State Government.

(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, Forest 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 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.

(5) The Member-Secretary of the Monitoring Committee or the concerned Deputy Commissioner(s) shall be competent to file complaints under section 19 of the Environment Act, 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 the 31st March of every year by the 30th June of that year to the Chief Wildlife Warden in the State as per proforma appended at Annexure V.

(8) 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 High Court or the National Green Tribunal.

ANNEXURE- I

BOUNDARY DESCRIPTION OF MELASELVANOOR - KEELASELVANOOR BIRD SANCTUARY

AND ITS ECO-SENSITIVE ZONE IN THE STATE TAMIL NADU

North The boundary starts at a distance of 1.05 Km. north of Mela-Selvanoor Kanmoi at a point on the road of Keelaselvanoor - Orivayal village road. Thence the boundary proceeds north eastwards along the Orivayal – Keelaselvanoor road until it touches a point where the road from Keelaselvanoor to Orivayal bifurcates for Savariarpattinam village. Thence the boundary travels along south eastern direction along Orivayal – Keelaselvanoor road.

North East Along the Orivayal – Keelaselvanoor road the boundary touches the bifurcation point on the Orivayal – Keelaselvanoor road at approach road to Sittadayan Village East Thence the boundary travels southward direction along the Orivayal – Keelaselvanoor road.

South East Thence the boundary touches at the interception point of Keelaselvanoor – Orivayal approach road on the Keelakarai – Sayalgudi highway. Then the boundary travels westwards along the Keelakarai – Sayalgudi highway.

South The boundary travels south of the Keelaselvanoor Kanmoi and Melaselvanoor Kanmoi along the Keelakarai – Sayalgudi highway (ECR road).

South West Thence the boundary touches the point of interception of. Sattangudi village approach road on the Keelakarai – Sayalgudi highway (ECR road). Thence the boundary travels northwards along the Sattangudi village approach road West Thence the boundary travels northwards along the Sattangudi - Vedandai village approach road (mud road – foot path) and on the common bund of Alangulam Kanmoi and Meenangudi Kanmoi.

North West Thence the boundary travels along the western bund of Alangulam Kanmoi till it touches a point on the northern tip of common bund of Alangulam and Meenangudi Kanmoi. Further the boundary proceeds in north eastern direction to touch the start point

ANNEXURE- IIA

LOCATION MAP MELASELVANOOR - KEELASELVANOOR BIRD SANCTUARY AND ITS ECO-

SENSITIVE ZONE ALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATIONS

ANNEXURE- IIB

GOOGLE MAP OF ECO-SENSITIVE ZONE OF MELASELVANOOR - KEELASELVANOOR

BIRD SANCTUARY ALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATIONS

ANNEXURE- IIC

GOOGLE MAP OF ECO-SENSITIVE ZONE OF MELASELVANOOR - KEELASELVANOOR

BIRD SANCTUARY SHOWING 10 KM BUFFER

ANNEXURE- IID

MAP OF ECO-SENSITIVE ZONE OF MELASELVANOOR - KEELASELVANOOR BIRD

SANCTUARY ALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATIONS ON

SURVEY OF INDIA (SOI) TOPOSHEET

ANNEXURE- IIE

MAP SHOWING LANDUSE PATTERN OF ECO-SENSITIVE ZONE OF MELASELVANOOR -

KEELASELVANOOR BIRD SANCTUARY SHOWING AT 10 KM BUFFER ALONG WITH

LATITUDE AND LONGITUDE OF PROMINENT LOCATIONS

ANNEXURE-III

TABLE A: GEO- COORDINATES OF PROMINENT LOCATIONS OF MELASELVANOOR -

KEELASELVANOOR BIRD SANCTUARY

S.

No.

Identification of prominent points Location / Direction of Prominent Point Latitude (N) DMS format Longitude (E) DMS format 1 1 NW 78°32'25.7712" 9°13'41.5308" 2 2 NW 78°32'43.5588" 9°13'42.3912" 3 3 (S1) NW Northern boundary of Melaselvanoor Kanmoi 4 4 N 78°33'21.8808" 9°13'39.828" 5 5 N 78°33'22.0752" 9°13'42.0672" 6 6 N 78°33'22.4496" 9°13'42.3192" 7 7 N 78°33'23.3748" 9°13'41.898" 8 8 N 78°33'24.1884" 9°13'44.6592" 9 9 N 78°33'22.8924" 9°13'44.9868" 10 10 N 78°33'24.2064" 9°13'49.8144" 11 11 N 78°33'26.388" 9°13'49.3716" 12 12 (S2) N Northern boundary of Melaselvanoor Kanmoi 13 13 (S3) N Northern boundary of Keelaselvanoor Kanmoi 14 14 NE 78°34'20.6976" 9°13'45.7356" 15 15 (S4) NE North Eastern tip of Keelaselvanoor Tank along Keelaselvanoor - Orivayal Road 16 16 NE 78°34'23.0232" 9°13'39.4104" 17 17 NE 78°34'20.2656" 9°13'30.1764" 18 18 NE 78°34'19.4268" 9°13'25.302" 19 19 E 78°34'17.0904" 9°13'19.4196" 20 20 E 78°34'15.4632" 9°13'17.1084" 21 21 E 78°34'14.5236" 9°13'14.9088" 22 22 E 78°34'11.6256" 9°13'9.714" 23 23 E 78°34'9.9588" 9°13'8.2776" 24 24 E 78°34'9.0192" 9°13'6.618" 25 25 E 78°34'7.7484" 9°13'5.6388" 26 26 E 78°34'6.0492" 9°13'3.7704" 27 27 E 78°34'3.756" 9°13'0.1128" 28 28 E 78°34'2.8812" 9°12'56.5776" 29 29 (S5) E Eastern bund on periphery of Keelaselvanoor village 30 30 SE 78°33'59.6232" 9°12'44.0928" 31 31 SE 78°33'59.5224" 9°12'40.6404" 32 32 (S6) SE South Eastern tip of Keelaselvanoor Tank near Keelakarai - Sayalkudi Road 33 33 SE 78°33'56.2644" 9°12'37.0152" 34 34 SE 78°33'54.0324" 9°12'36.6552" 35 35 SE 78°33'51.5052" 9°12'36.7308" 36 36 S 78°33'48.7224" 9°12'35.9208" 37 37 (S7) S Southern Boundary along Keelakarai - Sayalkudi Road 38 38 S 78°33'34.3368" 9°12'33.5988" 39 39 S 78°33'30.4272" 9°12'35.244" 40 40 S 78°33'29.322" 9°12'36.144" 41 41 S 78°33'28.1448" 9°12'36.36" 42 42 S 78°33'24.5808" 9°12'34.722" 43 43 S 78°33'24.1848" 9°12'32.5764" 44 44 S 78°33'24.1236" 9°12'31.752" 45 45 (S8) S Southern Boundary along Keelakarai - Sayalkudi Road 46 46 S 78°33'21.1752" 9°12'31.2696" 47 47 S 78°33'18.0108" 9°12'32.994" 48 48 S 78°33'16.8624" 9°12'33.1812" 49 49 SW 78°33'12.096" 9°12'35.0748" 50 50 SW 78°33'3.4596" 9°12'35.3448" 51 51 SW 78°32'58.8336" 9°12'36.126" 52 52 SW 78°32'58.3008" 9°12'31.8888" 53 53 SW 78°32'55.7988" 9°12'32.4468" 54 54 SW 78°32'50.3304" 9°12'34.7328" 55 55 SW 78°32'46.2588" 9°12'39.4488" 56 56 W 78°32'43.2564" 9°12'43.992" 57 57 W 78°32'42.2592" 9°12'48.8772" 58 58 W 78°32'44.0448" 9°12'54.0288" 59 59 W 78°32'45.0312" 9°12'54.5076" 60 60 W 78°32'46.248" 9°12'54.7236" 61 61 W 78°32'45.7944" 9°12'55.872" 62 62 W 78°32'44.9376" 9°12'58.3452" 63 63 W 78°32'44.7648" 9°13'0.7356" 64 64 W 78°32'47.0976" 9°13'3.5364" 65 65 W 78°32'46.6836" 9°13'5.1456" 66 66 W 78°32'47.5548" 9°13'7.4784" 67 67 W 78°32'46.5396" 9°13'9.6996" 68 68 W 78°32'47.022" 9°13'11.388" 69 69 (S9) W Western boundary of Melaselvanoor Tank along the bund 70 70 NW 78°32'35.9016" 9°13'31.1412" 71 71 NW 78°32'31.1064" 9°13'32.3904" 72 72 (S10) NW Westernmost tip along the periphery of Pudukudirruppu village 73 73 NW 78°32'26.0304" 9°13'39.3672" TABLE B: GEO-COORDINATES OF PROMINENT LOCATIONS OF ECO-SENSITIVE ZONE S.

No.

Identification of prominent points Location / Direction of Prominent Point Longitude Latitude 1 1 (E1) NW Northern tip of the common bund of Meenangudi and Alangulam Kanmoi 2 2 NW 78°31'50.8728" 9°14'1.1184" 3 3 N 78°32'26.3904" 9°14'11.3136" 4 4 (E2) N Near Orivayal Village on Keelaselvanoo - Orivayal appraoch road 5 5 N 78°32'58.2144" 9°14'26.178" 6 6 N 78°33'8.298" 9°14'32.7516" 7 7 N 78°33'20.34" 9°14'35.5848" 8 8 (E3) N Bifurcation point to Savariarpattinam Village on Keelaselvanoo - Orivayal Village approach road 9 9 NE 78°34'3.2556" 9°14'16.6056" 10 10 NE 78°34'13.5228" 9°14'8.2248" 11 11 (E4) NE Along Keelaselvanoor - Orivayal Road 12 12 NE 78°34'27.2424" 9°13'54.9912" 13 13 E 78°34'27.3756" 9°13'44.4828" 14 14 E 78°34'26.2668" 9°13'35.184" 15 15 E 78°34'21.5544" 9°13'15.924" 16 16 E 78°34'17.1012" 9°13'2.9532" 17 17 SE 78°34'9.9012" 9°12'47.268" 18 18 (E5) SE Intersection point of Keelaselvanoor - Orivayal approach road on Keelakarai - Sayalkudi Road 19 19 SE 78°34'2.1648" 9°12'38.412" 20 20 SE 78°33'56.1024" 9°12'36.054" 21 21 S 78°33'44.91" 9°12'35.0496" 22 22 S 78°33'26.7732" 9°12'31.7412" 23 23 S 78°33'14.9184" 9°12'29.286" 24 24 S 78°33'9.8856" 9°12'26.5392" 25 25 S 78°32'52.746" 9°12'14.0004" 26 26 S 78°32'45.4128" 9°12'12.24" 27 27 SW 78°32'27.2724" 9°12'6.6852" 28 28 (E6) SW Junction of Sathangudi village approach road on East Coast Road 29 29 SW 78°32'0.3264" 9°11'55.6764" 30 30 W 78°31'58.1772" 9°12'0.2772" 31 31 W 78°31'56.8812" 9°12'7.1064" 32 32 W 78°31'57.018" 9°12'12.4128" 33 33 W 78°31'54.2496" 9°12'18.5364" 34 34 W 78°31'53.778" 9°12'24.9264" 35 35 W 78°31'52.2228" 9°12'27.8676" 36 36 (E7) W Along the Sattangudi village approach road 37 37 W 78°31'53.7996" 9°12'43.8444" 38 38 W 78°31'50.1744" 9°12'48.6108" 39 39 W 78°31'46.2216" 9°12'53.4744" 40 40 W 78°31'44.4216" 9°13'10.236" 41 41 W 78°31'45.9084" 9°13'19.002" 42 42 NW 78°31'41.9016" 9°13'22.944" 43 43 (E8) NW Point on western bund of Alangulam Kanmoi 44 44 NW 78°31'35.0508" 9°13'28.3836" 45 45 NW 78°31'34.1508" 9°13'38.2404" 46 46 NW 78°31'30.9396" 9°13'47.8848"

ANNEXURE-IV

LIST OF VILLAGES COMING UNDER ECO-SENSITIVE ZONE OF MELASELVANOOR -

KEELASELVANOOR BIRD SANCTUARY ALONG WITH GEO-COORDINATES

S.

No.

Village Name Tehsil/ Taluk District Latitude (DMS format) Longitude (DMS format) 1 Melaselvanoor Kadaladi Ramanathapuram 9°12'29.19" 78°32'58.47" 2 Puthukudiyiruppu Kadaladi Ramanathapuram 9°13'29.53" 78°32'32.32" 3 Alangulam Kadaladi Ramanathapuram 9°13'3.55" 78°31'58.78" 4 Keelaselvanoor Kadaladi Ramanathapuram 9°12'39.00" 78°34'2.82" 5 Orivayal Kadaladi Ramanathapuram 9°14'20.51" 78°32'48.62" 6 Sathangudi Kadaladi Ramanathapuram 9°13'3.55" 78°31'58.78" ANNEXURE –V Performa of Action Taken Report:

1. Number and date of meetings.

2. Minutes of the meetings:- (mention 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 with 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 lodged under section 19 of the Environment (Protection) Act, 1986.

8. Any other matter of importance.

and Published by the Controller of Publications, Delhi-110054.

ALOK KUMAR

Provisions this notification answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Environment (Protection) Act, 1986