Notification, 2015

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 438] NEW DELHI, TUESDAY, FEBRUARY 24, 2015 /PHALGUNA 5, 1936 +ÉÉÊvɺÉÚSÉxÉÉ ÉÊãɪÉÉ MɪÉÉ cè ;

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MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE

NOTIFICATION

New Delhi, the 24th February, 2015

S.O.608(E).— Whereas, a draft notification, for declaration of Eco-sensitive Zone around Cotigao Wildlife Sanctuary in Goa, was published in the Gazette of India, Extraordinary, vide notification of the Government of India in the erstwhile Ministry of Environment and Forests number

S.O. 630 (E) dated 3 rd March 2014, inviting objections and suggestions from all persons likely to be affected thereby within a period of sixty days from 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 notification were made available to the public on the 3 rd March, 2014;

And Whereas, all objections and suggestions received from all persons and stakeholders in response to the draft notification have been duly considered by the Central Government; And Whereas, the Central Government considers that the Cotigao Wildlife Sanctuary, Goa lying between latitudes 15 C 2’ 43.25’’ N and 14 55’ 33.54” N and longitudes 74 15’55.07” E and 74 7’ 22.20” E in the South Goa District of Goa State and extending over an area of 85.65 square kilometres, is an essential part of the Western Ghats, which is rich in biodiversity;

And Whereas, the sanctuary inhabits the endangered species of wildlife like Indian bison, panther, mouse deer, black panther, slender loris, bear, wild dog, etc;

And Whereas, the forest of this Sanctuary intercepts rainfall and helps recharge ground water aquifer and protects rivers and streams against siltation by minimising soil erosion and has a well knit network of streams spreading throughout which are perennial or semi perennial or seasonal in nature, feeding Cotigao river, its tributaries and the various other water bodies including wells situated in the low lying areas; And Whereas, it is necessary to conserve and protect the area the extent and boundary of which is specified in paragraph 1 of this notification around the Cotigao Wildlife Sanctuary as Eco-sensitive Zone from ecological and environmental point of view and to prohibit industries or class of industries and their operations and processes in the said Eco- sensitive zone;

Now, Therefore, in exercise of the powers conferred by sub-section (1), 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) read with sub-rule

(3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby notifies an area to an extent of one kilometre of land or the water body, whichever is nearer to the boundary of the Cotigao Wildlife Sanctuary in the State of Goa, as the Eco-sensitive Zone(herein after referred to as Eco-sensitive Zone) details of which are as under, namely:-

1. Extent and Boundaries of Eco-sensitive Zone. - (1) The extent of Eco-sensitive Zone shall be one kilometre of land or the water body whichever is nearer to the boundary of the Cotigao Wildlife Sanctuary within the State of Goa.

(2) The Eco-sensitive Zone is bounded on the North by Netravali Wild Life Sanctuary, on the South by Karnataka State, on the East by the Cotigao Wild Life Sanctuary and on the West by remaining part of Cotigao, Poinguinim and Gaodongrem villages.

(3) The map of Eco-sensitive Zone boundary is appended to this notification as Annexure I. List of latitudes and longitudes of prominent points on the boundary of the ESZ is appended to this notification as Annexure II.

(4) The list of villages falling within Eco-sensitive Zone is given at Annexure III.

(5) The list of villages given in Annexure III shall be further revisited and confirmed by the State Government while preparing the Zonal Master Plan.

2. Zonal Master Plan for the Eco-sensitive Zone.- (1) The State Government shall for the purpose of effective management 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, for the consideration and approval of the Ministry of Environment, Forest and Climate Change, Government of India in consultation with local people and all concerned State Departments, such as Environment, Forest and Wildlife, Agriculture, Revenue, Urban and Housing Development, Tourism, Rural Development, Irrigation and Flood Control, Mining and Public Works Department for integrating the ecological and environmental considerations into the said plan.

(2) The Zonal Master Plan shall provide for restoration of degraded areas, conservation of existing water bodies, management of catchment areas, watershed management, ground water management, soil and moisture conservation, needs of local community and such other aspects of ecology and environment that need attention.

(3) The Zonal Master Plan shall demarcate all the existing and proposed urban settlements, village settlements, types and kinds of forest, agriculture areas, horticultural areas, man-made heritage sites, natural heritage sites, mining leases in operation, lakes and other water bodies.

(4) The Zonal Master Plan thus prepared specific to this Eco-sensitive Zone shall be integrated into the regional plan for the State of Goa.

(5) The Zonal Master Plan shall contain the measures as may be specified by the Central Government or the State Government, for regulation of activities specified under column (2) of the table specified in paragraph 4.

(6) The Zonal Master Plan so prepared shall be co-terminus with the regional development plan.

(7) The Zonal Master Plan shall be a reference document for the State Level Eco-sensitive Zone Monitoring Committee (hereinafter referred to as the SESZMC), referred to in paragraph 5, for carrying out its functions of monitoring under the provisions of this notification.

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) 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 SESZMC, and with the prior approval of the State Government, to meet the residential needs of local residents, and for the activities listed at item numbers 24, 26, 28 and 31 in column (2) of the Table in paragraph 4, namely:-

(i) Small scale industries not causing pollution,

(iii) Cottage industries including village industries, and

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

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 to 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) as amended from time to time: 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 SESZMC, 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.

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

(3) The activity relating to tourism within the Eco-sensitive Zone which shall form part of the Zonal Master Plan shall be as under, namely:-

(a) 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 by the National Tiger Conservation Authority, with emphasis on eco-tourism, eco-education and eco- development and based on carrying capacity study of the Eco-sensitive Zone;

(b) new construction of any kind shall not be permitted within the Eco-sensitive Zone except for eco-friendly accommodation like tents, wooden houses or thatched roofs for temporary occupation of tourists and for eco-friendly tourism activities;

(c) 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 SESZMC.

(4) 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 proper plan shall be drawn up for their protection and conservation, within six months from the date of publication of this notification and such plan shall form part of the Zonal Master Plan.

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

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

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

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

(9) 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 25 th 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 shall be disposed of in an environmentally acceptable manner.

(10) 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 20 th July, 1998 as amended from time to time.

(11) 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 Ministry of Environment, Forests and Climate Change, SESZMC shall monitor compliance of vehicular movement as per the rules and regulations in force.

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

S.No. Activity Remarks Prohibited Activities

1. Commercial Mining, stone quarrying and crushing units.

All new and existing mining (minor and major minerals), stone quarrying and crushing units are prohibited with immediate effect.

2. Setting up of saw mills.

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

3. Setting up of industries causing water or air or soil or noise pollution.

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

4. Commercial establishment of hotels and resorts.

New commercial establishment such as hotels and resorts shall be prohibited within the Eco-sensitive Zone with immediate effect.

5. Commercial use of firewood. Prohibited (except as otherwise provided) as per applicable laws.

6. Establishment of new major hydroelectric projects.

Setting up of new hydro-electric power plants (dams, tunnelling, and construction of reservoir) and expansion of existing plants in the Eco-sensitive Zone is prohibited with immediate effect, except the micro hydel power projects (Up to 100KW) or the mini hydel power projects (from 101 to 2000KW), which would serve the energy needs of the local communities, subject to the consent of the concerned Gram Sabha and all other requisite clearances.

7. Use or production of any hazardous Prohibited (except as otherwise provided) as per applicable substances. laws.

8. Discharge of untreated effluents and solid waste in natural water bodies or land area.

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

9. New wood based industry. No establishment of new wood based industry shall be permitted within the limits of Eco-sensitive Zone with immediate effect.

10. Construction activities New construction of any kind shall be prohibited within the Eco-sensitive Zone with immediate effect, except for the domestic needs of local residents including the activities listed at item numbers 26,28 and 31 and in the case of activities listed at item number 24, the construction activity shall be regulated and kept at the minimum.

11. Use of plastic carry bags Prohibited (except as otherwise provided) as per applicable laws.

12. Brick kilns Prohibited (except as otherwise provided) as per applicable laws.

Regulated Activities

13. 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.

14. Commercial water resources including ground water harvesting.

(a) The extraction of surface water and ground water shall be permitted only for bona fide agricultural use and domestic consumption of the occupier of the land.

(b) Extraction of surface water and ground water for industrial or commercial use including the amount that can be extracted shall require prior written permission from the concerned Regulatory Authority.

(c) No sale of surface water or ground water shall be permitted.

(d) Steps shall be taken to prevent contamination or pollution of water from any source including agriculture.

15. Erection of electrical cables and telecommunication towers.

Promote underground cabling.

16. Fencing of existing premises of hotels and lodges.

Regulated under applicable laws.

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

Shall be done with proper Environment Impact Assessment and mitigation measures, as applicable.

18. Movement of vehicular traffic at night. Regulated for commercial purpose as per applicable laws.

19. Introduction of exotic species. Regulated under applicable laws

20. Undertaking activities related to tourism like over-flying the National Park area by hot-air balloons, etc.

Regulated under applicable laws

5. State Level Eco-sensitive Zone Monitoring Committee:- (1) The Central Government in the Ministry of Environment, Forest and Climate Change, for effective monitoring of the Eco-sensitive Zones around National Parks and Wildlife Sanctuaries, has constituted a Committee called the State Level Eco-sensitive Zone Monitoring Committee (SESZMC) for the State of Goa vide notification number

S.O. 221 (E), dated the 23 rd January 2015, published in the Gazette of India, Extraordinary, Part II,

Section 3, Sub-section (ii) comprising of the following members, and to perform the following functions, namely:-

(i) Chief Secretary, Government of Goa- Chairman;

(ii) representative of the Ministry of Environment, Forest and Climate Change- Member;

(iii) Member Secretary, State Pollution Control Board-Member;

(iv) one representative of Non-governmental Organisations working in the field of environment to be nominated by the Government of Goa (for a term of one year)– Member;

(v) one representative of community based organisation nominated by the State Government (for a term of one year)– Member;

(vi-xiv) Principal Secretaries of the Government of Goa from Departments of Forest and Environment, Rural Development, Agriculture, Urban Development, Housing, Mining, Ports, Transport and Revenue– Members;

(xv) one expert in Ecology from reputed Institution or University of the State of Goa to be nominated by Government of Goa (for a term of one year) - Member;

21. Protection of hill slopes and river banks.

Regulated under applicable laws

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

Recycling of treated effluent shall be encouraged and for disposal of sludge or solid wastes, the existing regulations shall be followed.

23. Commercial Sign boards and hoardings. Regulated under applicable laws

24. Small scale industries not causing pollution.

Non polluting, non-hazardous, small-scale and service industry, agriculture, floriculture, horticulture or agro-based industry producing products from indigenous goods from the Eco-sensitive Zone, and which do not cause any adverse impact on environment.

25. Collection of Forest produce or Non- Timber Forest Produce (NTFP).

Regulated under applicable laws 26 Eco-tourism activities including eco tourist lodges, restaurant and recreational facilities including spa, swimming pool, gymnasium in temporary structures made of cloth or wood or particle board such as tents etc.

As per Zonal Master Plan.

Promoted Activities

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

Permitted under applicable laws.

28. Rain water harvesting. Shall be actively promoted.

29. Organic farming. Shall be actively promoted.

30. Adoption of green technology for all activities.

Shall be actively promoted.

31. Cottage industries including village artisans, etc.

Shall be actively promoted.

(xvi) Chief Conservator of Forests (WL) and Chief Wildlife Warden, Government of Goa– Member Secretary.

(2) The SESZMC shall monitor the compliance of the provisions of this notification.

(3) The activities that are covered in the Schedule to the notification of the Government of India in the erstwhile Ministry of Environment and Forests number

S.O. 1533(E), dated the 14 th 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 SESZMC 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 clearance under the provisions of the said notification.

(4) The activities that are not covered in the Schedule to the notification of the Government of India in the erstwhile Ministry of Environment and Forests number

S.O. 1533(E), dated the 14 th 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 SESZMC based on the actual site-specific conditions and referred to the concerned regulatory authorities.

(5) The Member Secretary of the SESZMC or the concerned Collector or the concerned park in-charge 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.

(6) The SESZMC 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 SEZMC shall submit the annual action taken report of its activities as on 31 st March of every year by th June of that year to the Central Government in the Ministry of Environment, Forest and Climate Change as per pro forma given in Annexure IV.

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

6. The provisions of this notification shall be subject to the orders passed by the Hon’ble Supreme Court of India or the High Court or National Green Tribunal as the case may be, in respect of matters covered under this notification.

Annexure I Map of Cotigao Wildlife Sanctuary Eco-sensitive Zone showing Latitudes-Longitudes Annexure II List of latitudes and longitudes of prominent points on the boundary of the ESZ of Cotigao Wildlife Sanctuary S.NO Description Latidude Longitude Annexure III List of villages falling within the Cotigao Wildlife Sanctuary Eco-sensitive Zone List of Villages partially within the ESZ Boundary S. No. Village Name 1 Poinguinim 2 Cotigao 3 Gaondongrem Annexure IV Proforma of Action Taken Report: - State Level Eco-sensitive Zone Monitoring Committee.-

1. Number and date of Meetings

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

3. Status of preparation of Zonal master Plan including Tourism master Plan (Eco-sensitive Zone wise)

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 scrutinized for activities covered under Environment Impact Assessment Notification, 2006 (Eco-sensitive Zone wise).

Details may be attached as separate Annexure.

6. Summary of case scrutinized for activities not covered under Environment Impact Assessment Notification, 2006 (Eco-sensitive Zone wise).

Details may be attached as separate Annexure.

7. Summary of complaints ledged under Section 19 of Environment (Protection) Act, 1986. (Eco-sensitive Zone wise).

8. Any other matter of importance.

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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