Notification, 2018

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 10th December, 2018

S.O. 6117(E).—WHEREAS, a draft notification was published in the Gazette of India, Extraordinary, vide notification of the Government of the India in the Ministry of Environment, Forest and Climate Change number

S.O. 231(E), dated the 15 th January, 2018, inviting objections and suggestions from all persons likely to be affected thereby within the 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 draft notification were made available to the public on the 15 th January, 2018;

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

AND WHEREAS, the Kachchh Bustard Sanctuary is spread over an area of 2.028 square kilometers and is situated in Abdasa Taluka or Tehsil of Kachchh District in the State of Gujarat; AND WHEREAS, the Indian Bustard is a large handsome bird inhabiting in short grass plains of the Indian subcontinent; the Kachchh Bustard Sanctuary (KBS) is situated in North-eastern region of Kachchh District, which is located at 23° 12’ North latitude and 68° 43’ East longitude; the area is declared as Kachchh Bustard Sanctuary vide Government of Gujarat’s notification no. GVN-92-17-WLP-1090-2027-V-2, dated the 4 th July 1992 of Forest and Environment Department; it is a small patch of land admeasuring 202.86 hectare situated in Jakhau and Budiya villages of Abdasa Taluka of Kachchh district in Gujarat State; the area comprises survey nos. 844, 1482, 1483, 1484 and 1485 of Jakhau village and survey nos. 93, 94, 95,101 and 102 of Budiya village; the land area of Jakhau and Budiya included in the Kachchh Bustard Sanctuary is 101.58 hectare and 101.28 hectare respectively; the Indian Bustard is one of the most endangered members of the bustard family; the species is protected under Schedule-I of the Wild Life (Protection) Act, 1972 (53 of 1972), Indian bustard is categorised by International Union for Conservation of Nature (Red Data Book) as a critically endangered because of its very small and declining population; the Eco-sensitive zone has been proposed on the basis of recommendations in the study report done by GEER Foundation (2003-2008); it will ultimately help preserving the existing habitat and improve the condition for conservation and declaring this area as an Eco-sensitive Zone, it will restore the eco-system of Indian bustard and its habitat;

AND WHEREAS, the other important fauna species reported from the Kachchh Bustard Sanctuary are shink (Ophisops microlepis), trinket snake (Coelognathus helenus), Indian chameleon (Chamaeleon zeylanicus), saw scaled viper (Echis carinatus), black headed royal snake (Spalerosophis atriceps), Indian star tortoise (Geochelone elegans), hardwicke’s bloodsucker (Brachysaura minor), spiny-tailed lizard (Sara hardwickii), common Indian monitor (Varanus bengalensis), marsh crocodile (Crocodylus palustris), banded rock gecko (Cyrtodactylus kacchensis), checkered keelback (Xenochirophis piscator ), buffstripped keelback (Amphiesma stolatum), Indian sand boa (Eryx johnii), Indian wolf snake (Lycodon aulicus), russel's Viper (Daboia russelii), common krait (Bungarus caeruleus), Indian flapshell turtle (Lissemys Punctata), common garden lizard (Calotes versicolor), fan throated lizard (Sitana ponticeriana), yellow-bellied house gecko (Hemidactylus flaviviridis), russell's earth boa (Gongylophis conicus), Indian rat snake (Ptyas mucosa), Indian cobra (Naja naja), etc;

AND WHEREAS, the major flora recorded from the Kachchh Bustard Sanctuary are ran bhindi, Jangli bhindi (Abelmoschus manihot), Chanothi (Abrus precatorius), Zinki khapat, Saneri Dabliar (Abutilon fruticosum), Khapat, Dabliar (Abutilon indicum), Bhonykhanski (Abutilon theophrasti), Australian baval (Acacia auriculiformis), Acacia binosa, Talbavari (Acacia jacquemontii), Hermobaval, Hiver, Samadi (Acacia leucophloea), Deshi Baval, Mitho Bavar (Acacia nilotica), Gorad, Kumbhat (Acacia Senegal), Dadri, Runchalo dadro (Acalypha ciliata), Vaichikato (Acalypha indica), Aghado (Achyranthes aspera), Sonar (Achyranthes aspera), Gorakh, Rukhdo (Adansonia digitata), Ardusi (Adhatoda zeylanica), Bili (Aegle marmelos), Kapuri (Aerva lanala), Buv, Bau, Gorakhganjo ramban, Ketaki (Agave americana), Rukhdo, Moto arduso (Ailanthus excelsa), Shirish (Albizia amara), Dongari (Allium cepa), Lasan (Allium sativum), Kunvaipato, Ariyo, Gingwar (Aloe barbadensis), Kandheri (Amberboa ramose), Kariyatu (Andrographis echioides), Suwa (Anethum graveolens), Chodharo (Anisomeles indica), Aredi, Daradi (Argemone mexicana), Angario (Balanites aegyptiaca), Kanta aserio (Barleria prionitis), Poi (Basella rubra), Sag (Tectona grandis), Chhatro sarpankho (Tephrosia pauciflora), Satodo (Trianlhema portulacastrum), Satodi (Trianthema triquetra), Bhurati, Japati (Triumfetta rhomboidea), Nagod (Vitex nigundo), Dodi, Motidodi, Malti (Wattakaka volubilis), Asondh, Ashwagandha (Withania somnifera), Samarapani (Zornia gibbosa), Patlani, Atheli, Alethi (Zygophyllum simplex), Vadi sadebi (Vemonia cinerascens), Sahadevi, Sadedi (Vernonia cinerea), Sonasali (Vicoa indica), Muth (Vigna aconitifolia), Chowla (Vigna catjang), Jangli mug, Adbau mug (Vigna radiata), Kagda vel (Vigna trilobata), Banafsa (Viola cinerea), orjo zad (Zizyphus mauritiana), etc.;

AND WHEREAS, the rare, and endangered species of the Kachchh Bustard Sanctuary are Convolvulus stocksii, Helichrysum cutchicum, Heliotropium bacciferum, Commiphora wightii, Heliotropium rariflorum, Pavonia ceratocarpa, Ardeotis nigriceps, Sara hardwickii (Indian spiny-tailed lizard), Vanellus gregarius, Hemiechinus collaris (collared hedgehog), Sypheotides indica, Felis silvestris, Gazella bennettii, etc. while Shink (Ophisops microlepis) is the endemic species found in the region.

AND WHEREAS, it is necessary to conserve and protect the area, around the protected area, the extent and boundaries of which are specified in paragraph 1 of this notification, as Kachchh Bustard Sanctuary 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) 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 0 kilometer to 36.70 kilometer around the boundary of Kachchh Bustard Sanctuary in the State of Gujarat as the Kachchh Bustard Sanctuary Eco-sensitive Zone (herein after referred to as the Eco-sensitive Zone) details of which are as under, namely:-

(1) Extent and boundaries of Eco-sensitive Zone.- (1) The Eco-sensitive Zone shall be to an extent of zero kilometre to 36.70 kilometre around the boundary of Kachchh Bustard Sanctuary and the area of the Eco-sensitive zone is 219.78 square kilometre.

(2) The boundary description of the Eco-sensitive Zone is appended as Annexure I A-B.

(3) Map (location maps, land use pattern, satellite image) of Eco-sensitive Zone of Kachchh Bustard Sanctuary along with geo-coordinates, is appended as Annexure II A, Annexure II B and Annexure II C.

(4) List of geo-coordinates of the boundary of Kachchh Bustard Sanctuary is appended as Table A and B of Annexure III.

(5) The list of villages falling in Eco-sensitive Zone is given in 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 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 in the 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 State Departments, for integrating the ecological and environmental considerations into the said Plan, namely:-

(i) Environment;

(ii) Forest and Wildlife;

(iii) Agriculture;

(iv) Revenue;

(vi) Tourism;

(vii) Rural Development;

(viii) Irrigation and Flood Control;

(ix) Municipal ;

(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 and the Plan shall be supported by 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, regulated activities listed in the Table in paragraph 4 and also ensure and promote eco-friendly development for livelihood security of local communities.

(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.

(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 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 complex or industrial activities:

Provided that the conversion of agricultural and other lands, for the purpose other than that specified at part (a), 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 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 in 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 State Government and without compliance of the provisions of article 244 of the Constitution or the law for the time being in force, including the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007): Provided also that any error appearing in the land records within the Eco-sensitive Zone shall be corrected by the State Government, after obtaining the views of Monitoring Committee, once in each case and the correction of said error shall be intimated to the Central Government in the Ministry of Environment, Forest and Climate Change: Provided also that the above correction of error shall not include change of land use in any case except as provided under this sub-paragraph:

(b) Provided also that there shall be no consequential reduction in green areas, such as forest area and agricultural area and 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, rivers and channels 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) All new 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 Tourism Master Plan shall be prepared by the State Department of Tourism in consultation with the State Departments of Environment and Forests.

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

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

(i) no new construction of hotels and resorts shall be allowed within 1.0 kilometre from the boundary of the Kachchh Wildlife Sanctuary or upto the extent of the Eco-sensitive Zone, whichever is nearer: Provided that beyond the distance of 1.0 kilometre from the boundary of the Kachchh Wildlife Sanctuary 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;

(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 the National Tiger Conservation Authority (as amended from time to time) with emphasis on eco-tourism;

(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 a heritage conservation plan shall be drawn up for their preservation and conservation within six months from the date of publication of this notification in the official Gazette and the said plan shall from 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 heritage conservation plan for their conservation shall be prepared within six months from the date of publication of this notification in the official Gazette and the said plan shall from part of the Zonal Master Plan.

(6) Noise pollution. - Prevention and control of noise pollution in the Eco-sensitive Zone shall be carried out in accordance with the Noise Pollution (Regulation and Control) Rules, 2000 under the Environment (Protection) Act, 1986, as amended from time to time.

(7) Air pollution.- Prevention and control of air pollution in the Eco-sensitive Zone shall be carried out in accordance with the provisions of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and rules made thereunder, as amended from time to time.

(8) Discharge of effluents. - 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 as amended from time to time.

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

(a) the solid waste disposal and management in 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 8 th April, 2016, as amended from time to time;

(b) the local authority shall drawn up plans for segregation of solid waste into bio-degradable and no-bio degradable components;

(c) the biodegradable material shall be recycled preferably through compositing or vermiculture;

(d) The inorganic material may be disposed in an environmentally acceptable manner at sites indentified outside the eco-sensitive zone and no burning or incineration of solid wastes and establishment of landfills shall be permitted in the 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, as amended from time to time.

(b) no common treatment facility or incineration shall be permitted 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 18 th 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 29 th 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 carried out in accordance with applicable laws and efforts shall be made for use of cleaner fuel for example CNG, etc.

(16) Industrial units. – (a) No new polluting industries shall be permitted to be set up within the Eco-sensitive Zone.

(b) Only non-polluting industries shall be permitted within Eco-sensitive Zone as per classification of industries in the guidelines issued by the Central Pollution Control Board in February 2016, and in addition, 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) no construction on existing steep hill slopes or slopes with a high degree of erosion shall be permitted.

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 (Protection) Act, 1986 (29 of 1986) and the rules made thereunder including the Coastal Regulation Zone (CRZ), 2011 and the Environmental Impact Assessment (EIA) 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) New (minor and major minerals), stone quarrying and crushing units shall be 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 for personal consumption.

(b) The mining operations shall be carried out in accordance with the order of the Hon’ble Supreme Court dated the 4th August, 2006 in the matter of T.N. Godavarman Thirumulpad Vs. UOI in W.P.(C) No.202 of 1995 and dated 21 st April, 2014 in the matter of Goa Foundation Vs. UOI in W.P.(C) No.435 of

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

(a) No new industries and expansion of existing polluting industries in the Eco-sensitive Zone shall be permitted.

(b) Only non-polluting industries shall be permitted within Eco- sensitive Zone as per classification of industries in the guidelines issued by the Central Pollution Control Board in February 2016, and in addition, non-polluting cottage industries shall be promoted.

3. Establishment of major hydroelectric project.

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

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

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

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

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

6. Setting of new saw mills. No new or expansion of existing saw mills shall be permitted within the Eco-sensitive Zone.

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

8. Commercial use of firewood. Prohibited (for hotels and other business related establishment).

9. Use of renewable energy source- wind mill.

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

10. 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.

11. Construction activities. (a) No new commercial construction of any kind shall 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 listed in sub paragraph (1) of paragraph 3 as per building byelaws to meet the residential needs of the local residents

(b) 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.

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

12. 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.

13. Felling of trees. (a) There shall be no felling of trees on 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. Collection of Forest Produce or Regulated under applicable laws.

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

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

16. Infrastructure including civic amenities.

Shall be done with mitigation measures, as per applicable laws, rules and regulation and available guidelines.

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

Shall be done with mitigation measures, as per applicable laws, rules and regulation and available guidelines.

18. Conversion of Government waste land to agriculture land.

Regulated under applicable laws.

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

Regulated under applicable laws.

20. Protection of hill slopes and river banks.

Regulated under applicable laws.

21. Movement of vehicular traffic at night.

Regulated, for commercial purpose, under applicable laws.

22. Establishment of large-scale commercial livestock and poultry farms by firms, companies, etc.

Regulated under applicable laws.

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

The discharge of treated waste water/effluents shall be avoided to enter into the water bodies and efforts shall be made for recycle and reuse of treated waste water, and the discharge of treated waste water/effluent shall be regulated as per applicable laws.

24. Commercial extraction of surface and ground water.

Regulated under applicable laws.

25. Open well, bore well etc. for agriculture or other usage.

Regulated under applicable laws and the activity shall be monitored by the authority.

26. Solid waste management. Regulated under applicable laws.

27. Introduction of exotic species. Regulated under applicable laws.

28. Eco-tourism. Regulated under applicable laws.

29. Use of polythene bags. Regulated under applicable laws.

30. Commercial sign boards and hoardings.

Regulated under applicable laws.

31. Fencing of premises of hotels and lodges.

Regulated under applicable laws.

32. Air and vehicular pollution. Regulated under applicable laws.

33. Rain water harvesting. Shall be actively promoted.

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

Permitted under applicable laws for use of locals.

35. Organic farming. Shall be actively promoted.

36. Adoption of green technology for all activities.

Shall be actively promoted.

37. Cottage industries including village artisans, etc.

Shall be actively promoted.

38. Use of renewable energy and fuels other than wind mill.

Bio gas, solar light etc. shall be actively promoted.

39. Solar energy. Shall be actively promoted.

40. Agro-forestry. Shall be actively promoted.

41. Plantation of horticulture and herbals.

Shall be actively promoted

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

43. Skill development. Shall be actively promoted.

44. Restoration of degraded land/ forests/ habitat.

Shall be actively promoted.

45. Environmental awareness. Shall be actively promoted.

5. Monitoring Committee.- The Central Government hereby constitutes a Monitoring Committee, for effective monitoring of the Eco-sensitive Zone comprising of the following, namely:- S. No. Constituent of Monitoring Committee Designation

2. Ecologist/ Scientist, Gujarat Institute of Desert Ecology, Bhuj Member

3. Official of Panchayat :

Block Development Officer of concerned block.

Member

4. Official of Revenue Department: Mamlatdar of concerned block. Member

5. A representative of Non-Governmental Organisation working in the field of wildlife conservation to be nominated by the State Government Member

6. An expert in Biodiversity nominated by the State Government Member

7. Official of Geology Department :

Geologist, Bhuj Member

8. Assistant Conservator of Forests, Kachchh West Division, Bhuj Member

9. Range Forest Officer of concerned range Member

10. Deputy Conservator of Forests, Kachchh West Division, Bhuj Member-Secretary

6. Terms of reference. – (1) 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 would be constituted by the State Government.

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

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

S.O. 1533 (E), dated the 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 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 Forests number

S.O. 1533 (E), dated the 14th September, 2006 and are falling in the Eco-sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4 thereof, shall be scrutinised by the Monitoring Committee based on the actual site-specific conditions and referred to the concerned regulatory authorities.

(5) The Member-Secretary of the Monitoring Committee or the concerned Deputy Commissioner(s) 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 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 31 st March of every year by the 30th June of that year to the Chief Wildlife Warden in the State as per proforma given in 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. Additional measures.- The Central Government and State Government may specify additional measures, if any, for giving effect to provisions of this notification.

8. Order of Supreme Court, etc.- The provisions of this notification are subject to the orders, if any passed or to be passed by the Hon’ble Supreme Court of India or High Court or National Green Tribunal. ANNEXURE I A – B

A. EXTENT OF ECO-SENSITIVE ZONE FOR KACHCHH BUSTARD SANCTUARY

Extent of ESZ in different directions (kilometres) North 0.0 Km East 36.70 Km.

South 5.70 Km.

West 0.0 Km In the Jakhau village Eco-sensitive Zone distance has been kept ‘zero’ meter from the boundary of the Sanctuary. B. BOUNDARY DESCRIPTION OF KACHCHH BUSTARD SANCTUARY AND ECO-SENSITIVE ZONE Boundary Description of the Eco-sensitive Zone Area North Naliya, Chhadura, Ashapar, Gudthar, Sukhpar bara, Tera village Boundary. North- East Naliya, Dhrufi Moti, Dhrufi Nani village Boundary. East Berachiya, Mothala, Nundhatad, Halapar village boundary South-East Halapar, Vinjan village boundary.

South VInjan, Nagor, Bhachunda, Sandhav, Kothara, Bhanada, Vadapadhar, Prajau, Sindhodi Moti, Varnori Budiya village boundary.

West Jakhau village boundary North-West Jakhau village boundary SCHEDULE “A”:

The boundaries of the Eco-sensitive Zone around Kachchh Bustard Sanctuary fall in two blocks, Block-1 and In the Block-1, the boundary of the proposed Eco-Sensitive Zone starts in an “inverted V shape” point at Lat-Long N 23-14-32.57 and E 68-47-29.12 at the outer boundary of agriculture survey no.77 of the village Jasapar and goes in the South-East direction for a distance of 1.15 km approximately. At this point it takes North-East direction along the outer boundary of forest survey numbers 85 and 86 for a distance of 0.9 km approximately. At the end of this point it takes a South-East direction along the outer boundary of agriculture survey no.59 of the village Jasapar for a distance of 2.47 km approximately. After this it takes a South-East direction along the outer boundary of forest survey no.149 for a distance of 2.97 km approximately. At this point it takes an East direction along the outer boundary of forest survey no.550 adjoining village Prajau for a distance of 1.65 km approximately ending at Lat-Long N 23-11-23.91 and E 68-49-43.47. At this point it takes North-East direction along the forest survey no.304 of the village Vadapadhar for a distance of 2.80 km approximately. At this point it takes South-East direction along the outer boundary of forest Survey no.304 for a distance of 2.64 km approximately and ends at Lat-Long N 23-11-14.06 and E 68-52-27.93. At this point it takes West direction along the outer boundary forest survey no. 304 for a distance of 2.80 km approximately. After this it takes South direction along the outer boundary of forest survey no.550adjoining to village Prajau for a distance of 0.66 km approximately. At this point it takes West direction along the forest survey no.550 for a distance of 3.13 km approximately. At this point it takes slight South-West direction along the outer boundary of Vingaber and Lala villages for a distance of 5.44 km approximately. At this point it takes South direction along the outer boundary of forest survey no.34,35 and 36 for a distance of 1.65 km approximately. After this it takes South-west direction along the forest survey no.37, 38 and 47 for a distance of 2.47 km approximately. At this point it takes South direction along the outer boundary of forest survey no.50, 49 and 48 for a distance of 1.48 km approximately and ends at Lat-Long N 23-07-46.88 and E 68- 44-49.16. After this it takes North-West direction along the forest survey numbers 48, 49, 50, 51, 52, 53 and 54 adjoining village Ranpur for a distance of 3.63 km approximately. At this point it takes North-West direction along the agriculture survey numbers 112, 111, 110 and 108 for a distance of 1.81 km approximately. At this point it takes North-East direction crossing the road and passing along the outer boundary of agriculture survey no. 57/1, 62, 63/1, 105, 106 for a distance of 1.48 km approximately. At this point it takes south-East direction along the agriculture survey numbers 106, 105, 104, 65 and 58 of the village Budiya for a distance of 0.82 km approximately. After this point, it takes slight North direction along the forest survey no 101, 1482 and 844 for a distance of 2.6 km approximately. At this point it takes East direction along the forest survey numbers 844, 1484 and 1485 for a distance of 2.22 km approximately. After this point it takes slight North-East direction along the outer boundary of forest survey numbers 89, 88, followed by agriculture survey numbers 17, 86, 85, 84, 21 and 22 for a distance of 1.15 km approximately. At this point it takes South-east direction along the agriculture survey no.22, 23, 24, 25, 15 of the village Budiya followed by agriculture survey numbers 16, 19, 20/1, 20/2, 25 then crosses the road and runs along the agriculture survey numbers 25, 26, 27, 213, 212, and 214 for a distance of 2.99 km approximately. At this point it takes slight North-West direction along the agriculture survey numbers 143, 175, 138, 139/2,139/1 and 141 of Kukadau village for a distance of 1.98 km approximately. At this point it takes West direction along the agriculture survey numbers 81, 73, 142, and 162/1 for a distance of 1km approximately. At this point it takes North-west direction along the agriculture survey numbers 162/1, 4, 5/3, 5/2, 6 and 8 for a distance of 1.15 km approximately. At this point it takes North-East direction along the agriculture survey no.s8, 12/2,12/3,14/1, 13, 15 16, 19, 30, 32/1, 36, and 51 for a distance of 2.14 km approximately. At this point it takes North-East direction along the agriculture survey numbers 51, 52, 56/1, 57,68/2, 68, 169 of village Kukadau followed by agriculture survey no.68 then crosses the road, and traces the outer boundary of agriculture survey no. 71 for a distance of 1.32 km approximately. Then it takes North-East direction along the agriculture survey numbers 37/1, 75, 51, crosses the road followed by agriculture survey numbers 77 of the village Jasapar for a distance of 2.47 km approximately and touches the starting point of Block-1.

In the Block-2, which starts on the North-East corner of Block-1, it starts at the corner point of village boundary Sudadhro Nani near to agriculture survey no. 173 and goes along the village boundary between Naliya and Sudadhro Nani in the North direction for a distance of 2.64 km approximately. Then at this point it takes North direction along the village boundary between Naliya and Sudadhronani and finishing at the tri junction ofAshapar, Sudadhronani and Sudadhromotiat lat-long N 23-16-43 .75, E 68-50-59.36 for a distance of 3.30 km approximately. At this point it takes North direction along the village boundary between Sudadhromoti and Chhadura for a distance of 1.70 km approximately. Then it takes East direction along the village boundary between SudadhroMoti and Gudthar, followed by Sudadhromoti and Sukhpar Bara. Then it takes South direction along the village boundary between SudadhroMoti and Tera for a distance of 3.63 km approximately. Then it takes slight North-East direction of 1.81 km approximately along the village boundary between kalaTalav and Tera. Then it takes South-east direction along the boundary between Kala Talav and Tera for a distance of 2.47 km approximately. Then it takes North-East direction along the boundary between kala Talav, Tera and Kunathia for a distance of 1.98 km approximately. Then it takes North-east direction till the tri junction of villages Kunathia, Dhrufi Nani and Tera for a distance of 2km approximately. Then it takes North direction along boundary between Dhrufi Nani and Tera for a distance of 2.14 km approximately. Later it takes East direction along the village boundary of Tera, Dhrufi Nani and DhrufiMoti for a distance of 3.40km approximately and ends at lat- long N 23-16-25.36 and E 69-00-14.63. At this point it takes slight South-East direction along the outer boundary of agriculture survey numbers 298, 287, 421/2, then crosses the road, followed by agriculture survey numbers 25/pt, 51, 63, crosses the road, 294 for a distance of 1.65 km approximately. Then it takes South-West direction along the outer boundary of agriculture survey numbers 293, 365/1, then crosses the road for a distance of 1.81 km approximately. At this point it takes South-East direction along the agriculture survey numbers 286, 287, 359, 350,349,338, and ends at the North-East corner of agriculture survey no.98 of village Dhrufi Nani for a distance of 2.5 km approximately. Then it takes South direction along the village boundary between Dhrufi Nani and Bitta for a distance of 0.99 km approximately. Then it takes West direction along the boundary between Bitta and Dhrufi Nani and ends at the tri junction of villages Dhrufi Nani, Bitta, and Bitiyari for a distance of 1.32 km approximately. Then it takes South-East direction along the village boundary between Bitta, Bachunda and ends at the tri junction of villages Bitta, Bitiyari and Rava for a distance of 2.90 km approximately. Then it takes slight North-East diection along the village boundary between Rava and Bitta for a distance of 2.50 km approximately. Then it takes East direction along the village boundary between Bitta and Rava and ends at the cross junction of Bitta, Rava, Bavanipar and Berachiya. Then it takes slight South-East direction along the village boundary between Rava and Berachiya for a distance of 1.70 km approximately. Then it takes South direction along the village boundary between rava and Berachiya for a distance of 1.65 km approximately. Later it takes South- East direction along the village boundary of Rava and Mothala for a distance of 3.5 km approximately and ends at the Lat-Long N 23-11-34.52 and E 69-04-15.92. At this point it takes slight South-West direction along the boundary between Rava and Mothala followed by boundary between Gadhvalavada and Nundhtad and ends at the cross junction of four villages Gadhvalavada, Nundhtad, Hajapar and Miyani for a distance of 4.2 km approxiamtely. At this point it takes West direction along the boundary of Gadhvalavada and Hajapar, and ends at tri junction of Gadhvalavada , Hajapar and DhanaVaraVada for a distance of 1.65 km approximately. At this point it takes slight South-West direction along the boundary Hajapar and DhanaVaraVada and ends at the tri junction of DhanaVaraVada, Hajapar and Vinjhan for a distance of 2.50 km approximately. Then it takes South-West direction along the boundary of DhanaVaraVada and Vinjhan for a distance of 2 km approximately and ends at Lat-Long N 23-07-26.90 E 69-01-40.01. Then it takes North West direction along the boundary of Vinjhan and DhanaVaraVada and ends at tri junction of DhanaVaraVada, Gadhvalavada and Vinjhan for a distance of 2.50 km approximately. At this point it takes slight North West direction along the village boundary, Gadhvalavada and Vinjhan, and ends at the tri junction of Vinjhan, Gadhvalavada and Sandhav for a distance of 2.47 km approximately. Then it takes slight North-East direction along the village boundary Sandhav and Gadhvalavada for a distance of 2.14 km approximately. Then it takes North-west direction along the boundary of Sandhav and GadhaValaVada for a distance of 1.15 km approximately. Then it takes North-East direction along the boundary Sandhav, GadhValaVada and Nagor for a distance of 2.14 km approximately. Then it takes North direction along the village boundary, Gadhvalavada and Nagor and ends at the tri junction of Nagor, Gadhvalavada and Bitiyari for a distance of 2 km approximately. At this point it takes South-west direction along the village boundaries Bitiyari and Nagor and ends at tri junction of Bitiyari, Nagor and Sandhav Villages for a distance of 2.64 km approximately. Then it takes North-East direction along nthe village boundary between Sandhav, Bachunda and Bitiyari for a distance of 4.12 km approximately. Then it takes slight North- West direction along the boundary between Bitiyari and Bachunda for a distance of 2.64 km approximately. Then it takes slight North-west direction along the outer boundary of agriculture survey numbers 345, 41, 40, 37, 36, 414, 34, 18, 291/2, 290/1 of village Bachunda and forest survey numbers 357 and ends at Lat-Long N 23-13-25-68 and E 68

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