vlk/kj.k Hkkx II—[k.M 3 mi&[k.M (ii) PART II—Section 3—Sub...
Transcript of vlk/kj.k Hkkx II—[k.M 3 mi&[k.M (ii) PART II—Section 3—Sub...
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Hkkx II[k.M 3mi&[k.M (ii) PART IISection 3Sub-section (ii)
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. .. y,
MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE
NOTIFICATION
New Delhi, the 27th August, 2014
S.O. 2168(E).Whereas, a draft notification under 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) was published, as required
under sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, vide notification of the Government of India in
the erstwhile Ministry of Environment and Forests number S.O. 310(E), dated the 4th February, 2014, inviting objections
and suggestions from all persons likely to be affected thereby, within a 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 said Gazette were made available to the public on 4th February, 2014;
And whereas, suggestions received in respect of the proposed draft notification have been considered by the
Central Government;
And whereas, the Kyongnosla Alpine Sanctuary (hereinafter referred to as the Sanctuary), lies along the
JawaharLal Nehru Road on the way to Nathula corner of the East district, Sikkim covering an area of 31 square
kilometers and constitutes a critical wildlife habitat area for the high altitude fauna with an altitudinal gradient ranging
from 3200 meters to 4200 meters and wide range of topographical landscape which harbours some rare, endangered
ground orchids and rhododendrons interspersed among tall junipers;
And whereas, the silver fir is among the important plants present and Rhododendron nevium, the state tree of
Sikkim and Cypripedium tibeticum the ground slipper orchid that are on the verge of extinction, have been introduced
here and now has sizable population;
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12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART IISEC. 3(ii)]
And whereas, in the sanctuary the ground flora includes different species of primulas, wild strawberries, irises,
poppies and the rarely seen Panax pseudo- ginseng and medicinal plants such as Picrorhiza scrophulariflora (Kutki),
Nardostachys grandiflora (jatamasi), Aconitum ferox(Nilo Bikh) and Podophylum emodi;
And whereas, the lower elevation of the sanctuary is occupied with soil binding bamboo Arundinaria species
and is snow covered often up to May when primulas pop up through the snow and rhododendrons come into bud and
comes into full bloom by JuneJuly. Flowering season for many species continue right through to October when
Polygonum species the last to flower dries up;
And whereas, the faunal diversity includes goral, serow, red panda, himalayan black bear, musk deer, leopard,
tibetan fox, yellow-throated martens, weasel and himalayan marmot and important avi-faunal diversity exhibits wide
array of endangered and endemic populations such as blood pheasant, monal pheasant, satyr tragopan, snow partridges,
laughing thrushes, rose finches, red- billed choughs, forttails, redstart, black- winged kite, kestrel, lammergeyer and
griffon vulture, fire- tailed sunbirds and various species of migratory birds;
And whereas, the major significance of this sanctuary is the number of scheduled animals[Specified in Schedule
I of the Wild Life (Protection) Act, 1972 (53 of 1972)] in the form of red panda and different species of gallinaceous
birds and pheasants;
And whereas, it is necessary to conserve and protect the area around the Kyongnosla Alpine Sanctuary and to
protect and propagate improvement and development of the wildlife therein and its environment;
And whereas, it has become necessary to specify certain areas around the Kyongnosla Alpine Sanctuary as Eco-
sensitive Zone and to prohibit industries, operations or processes or class of industries, operations or 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 up to 200 metres
from the boundary of the Kyongnosla Alpine Sanctuary in the State of Sikkim as the 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 varies from 25 meters to
200 meters from the boundary of the Kyongnosla Alpine Sanctuary. The extent of Eco-sensitive Zone shall be 25 meters
where the slope is more than 45 degree and in the eco-fragile eastern part of the sanctuary, the extent of Eco-sensitive
Zone shall be 200 meters. In the northern and north-western part, the extent of eco-sensitive zone shall be up to the outer
bank of the river Ratey Chhu, which forms the boundary of the eco-sensitive zone.
(2) The Eco-sensitive Zone is bounded by 27 24 5" N latitude and 884154E longitude towards east (Reference
point No.1 of map); 272341"N latitude and 884248"E longitude towards west (Reference point No. 3 of map);
272513"N latitude and 884349"E longitude towards north(Reference point No. 2 of map) and 272236"N latitude and
884350"E longitude towards south (Reference point No. 5 of map).
(3) The map of Eco-sensitive Zone boundary together with its latitudes and longitudes of extremes and extent is
appended to this notification as Annexure I.
(4) The list of two villages falling within the Kyongnosla Alpine Sanctuary Eco-sensitive Zone alongwith their
longitudes and latitudes at prominent points is appended to this notification as Annexure II:
Provided that the Annexure II shall be subject to the confirmation by the State Government in the Zonal Master
Plan.
(5) The villages as given in Annexure II 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 Central Government in
the Ministry of Environment, Forests and Climate Change, in consultation with the local people and with the following
concerned State Departments, namely:-
(i) Forest, Environment and Wildlife Management; (ii) Sikkim Police; (iii) Urban Housing Development; (iv) Tourism; (v) Rural Management and Development; (vi) Irrigation and Flood Control; (vii) Public Works Development; (viii) Land Revenue; and (ix) Disaster Management.
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Hkkx II[k.M 3 (ii) Hkkjr dk jkti=k % vlk/kj.k 13
(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, lakes, other water bodies and entrepreneurial units.
(4) 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.
(5) The Zonal Master Plan so prepared shall be co-terminus with the regional development plan. 3. Measures to be taken by State Government.The State Government shall take the following measures for
giving effect to the provisions of this notification, namely:-
(1) Land Use.-Forests, horticulture areas, agricultural areas, parks and open spaces earmarked for recreational purposes
in the Eco-sensitive Zone shall not be used or converted into areas for commercial or industrial related development
activities:
Provided that the conversion of agricultural lands within the Eco-sensitive Zonemay be permitted on the
recommendation of the State Level Eco-sensitive Zone Monitoring Committee (SESZMC), and with the prior approval
of the State Government, to meet the residential needs of the local residents, and for the activities listed at item numbers
12, 25, 26, 30 and 31 specified under column (2) of the table in paragraph 4, namely:-
(i) Rainwater harvesting, (ii) Cottage industries including village artisans, etc., (iii) Small scale industries not causing pollution, (iv) Eco-tourism facilities like home stays, ropeways, kiosks, funiculars, etc; and (v) Security Forces Camp:
Provided further that no use of triballand shall be permitted for commercial or industrial related development
activities without the prior approval of the State Government and without compliance of the provisions of 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 SESZMC, only once in each case and the correction of said error shall
be intimated to the Central Government in the Ministry of Environment, Forests 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) Natural Springs.The catchment areas of all springs shall be identified and plans for their conservation and
rejuvenation shall be incorporated in the Zonal Master Plan and strict guidelines be drawn up for the prohibition of
development activities at or near these areas.
(3) Tourism.The activity relating to tourism within the Eco-sensitive Zone which shall form part of the Zonal Master
Plan shall be as under, namely:-
(i) all new tourism activities or expansion of existing tourism activities within the Eco-sensitive Zone shall be in accordance with the guidelines issued by the Central Government in the Ministry of Environment, Forests and Climate
Change and the Ministry of Tourism 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;
(ii) new construction of any kind shall not be allowed within the Eco-sensitive Zone except the activity specified at item No. 30 relating to eco-tourism facilities like home stays, ropeways, kiosks, funiculars, etc. under column (2) of the
Table in paragraph 4;
(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 scruitinisation and
recommendation of the SESZMC.
(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
be preserved and proper plan be drawn up for their protection and conservation, within six months from the date of
publication of this notification and such plans shall form part of the Zonal Master Plan.
(5) Noise pollution.The Environment Department or the State Forest Department of Sikkim 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).
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14 THE GAZETTE OF INDIA : EXTRAORDINARY [PART IISEC. 3(ii)]
(6) Air pollution.The Environment Department or the State Forest Department of Sikkim 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).
(7) Discharge of effluents.- The discharge of treated effluent in Eco-sensitive Zone shall be in accordance with the
provisions of the Water (Prevention and Control of Pollution) Act, 1974(6 of 1974).
(8) Solid wastes. - Disposal of solid wastes shall be as under:-
(i) The solid waste disposal in Eco-sensitive Zone shall be carried out as per the provisions of the Municipal Solid
Waste (Management and Handling) Rules, 2000 published by the Government of India in the Ministry of
Environment, Forests and Climate Change vide notification number S.O. 908 (E), dated the 25th
September 2000;
(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.
(9) Bio-medical waste.-The bio-medical waste disposal in the Eco-sensitive Zone shall be carried out as per the
provisions of the Bio-Medical Waste (Management and Handling) Rules, 1998 published by the Government of India in
the Ministry of Environment, Forests and Climate Change vide Notification number S.O. 630(E), dated the 20th
July,
1998.
(10) 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 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 be regulated in the
manner specified in the Table below, namely:-
TABLE
Sl.
No.
Activity Prohibited Regulated Permitted Remarks
(1) (2) (3) (4) (5) (6)
1. Commercial Mining, stone quarrying and
crushing units.
Yes - - (a) All new and existing mining
(minor and major minerals), stone
quarrying and crushing units are
prohibited except for the domestic
needs of bona fide local residents.
(b) The mining operations shall
strictly be in accordance to the orders
of the Honble Supreme Court dated
04.08.2006 in the matter of
T.N.GodavarmanThirumulpad Vs.
UOI in W.P.(C) No.202 of 1995 and
dated 21.04.2014 in the matter of Goa
Foundation Vs. UOI in W.P.(C)
No.435 of 2012.
2. Felling of trees. - Yes - (a) There shall be no felling of trees on the forest land 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 there
under.
3. Setting up of saw mills. Yes - -
4. Setting up of industries causing water or air or
soil or noise pollution.
Yes - - No new or expansion of existing
polluting industries shall be permitted
within the Eco-sensitive Zone.
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Hkkx II[k.M 3 (ii) Hkkjr dk jkti=k % vlk/kj.k 15
5. Use or production of
any hazardous
substances.
Yes - -
6. Commercial establishment of hotels
and resorts.
Yes - - No new or expansion of existing
commercial establishments such as
hotels and resorts shall be permitted
within the Eco-sensitive Zone.
7. Commercial use of firewood.
Yes - -
8. Commercial water resources including
ground water
harvesting.
- Yes - (a) The extraction of surface water and
ground water shall be allowed only for
bona fide agricultural use and
domestic consumption of the occupier
of the land.
(b) The 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.
9. Establishment of new major hydroelectric
projects.
Yes - - Setting up of new hydro-electric
power plants (dams, tunneling, and
construction of reservoir) and
expansion of existing plants in the
Eco-sensitive Zone is prohibited
except the microhydel 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 consent of the
concerned Gram Sabha and all other
requisite clearances.
10. Erection of electrical cables and
telecommunication
towers.
- Yes - Promote underground cabling.
11. Ongoing agriculture and horticulture practices by
local communities along
with dairies, dairy
farming, aquaculture
and fisheries.
- - Yes
12. Rain water harvesting. - - Yes Shall be actively promoted.
13. Fencing of existing premises of hotels and
lodges.
- Yes -
14. Vegetative fencing Yes
15. Organic farming. - - Yes Shall be actively promoted.
16. Widening and strengthening of existing
roads and construction
of new roads.
- Yes - Shall be done with proper
Environment Impact Assessment and
mitigation measures, as applicable.
17. Movement of vehicular traffic at night.
- Yes - For commercial purpose.
18. Introduction of exotic species.
- Yes -
19. Undertaking activities related to tourism like
over-flying the sanctuary
area by hot-air balloons,
etc.
Yes - -
20. Protection of hill slopes and river banks.
- Yes -
21. Discharge of untreated effluents and solid waste
in natural water bodies
or land area.
Yes - -
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16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART IISEC. 3(ii)]
22. Discharge of treated effluents in natural
water bodies or land
area.
- Yes - 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.
- Yes -
24. Adoption of green technology for all
activities.
- - Yes Shall be actively promoted.
25. Cottage industries including village artisans,
etc.
- - Yes
26. Small scale industries not causing pollution.
- Yes - 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 which do not cause any
adverse impact on environment.
27. New wood based industry.
Yes - - No establishment of new wood based
industry shall be permitted within the
Eco-sensitive Zone.
28. Collection of Forest produce or Non-Timber
Forest Produce (NTFP).
- Yes -
29. Construction activities Yes - - No new construction of any kind shall be allowed within the Eco-sensitive
Zone, except for the domestic needs of
local residents including the activities
listed at item numbers 12, 25, 30 and
31. In the case of activities listed at
item number 26, the construction
activity shall be regulated and kept at
the minimum.
30. Eco-tourism facilities like home stays, ropeways,
kiosks, funiculars, etc.
- Yes -
31. Security Forces Camp Yes
32. Use of plastic carry bags.
Yes - -
5. State Level Eco-sensitive Zone Monitoring Committee.- (1) The Central Government for effective monitoring of
the Eco-sensitive Zone, hereby constitute a Committee to be called the State Level Eco-sensitive Zone Monitoring
Committee (SESZMC) for the State of Sikkim comprising of:-
(i) Chief Secretary, Government of Sikkim- Chairman
(ii) Chief Wild Life Warden, Government of Sikkim- Member;
(iii) Representative of the Ministry of Environment, Forests and Climate Change Member;
(iv) PCCF, Government of Sikkim- Member;
(v) Representative of State Pollution Control Board-Member;
(vi) One representative of Non-governmental Organisations working in the field of environment to be
nominated by the Government of Sikkim (for a term of one year) Member;
(vii) Representative of Rural Management Department, Government of Sikkim Member;
(viii) Representative of Govind Ballabh Pant Himalayan Institute of Environment and Development, Sikkim
Member;
(ix) Representative of Agriculture Department, Government of Sikkim Member;
(x) Representative of Urban Development and Housing Department, Government of Sikkim Member;
(xi) Concerned District Collector-Member;
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Hkkx II[k.M 3 (ii) Hkkjr dk jkti=k % vlk/kj.k 17
(xii) Divisional Forest Officer (In-charge of PA) Member;
(xiii) Chief Conservator of Forest (Wild Life) 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 Ministry of
Environment and Forests number S.O. 1533(E), dated the 14th
September, 2006, and are falling in the
Eco-sensitive Zone, except the prohibited activities as specified in column (3) of 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, Forests 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 Ministry
of Environment and Forests number S.O. 1533(E), dated the 14th
September, 2006 but are falling in the Eco-
sensitive Zone, except the prohibited activities as specified in column (3) of 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) SESZMC shall submit the annual action taken report of its activities as of 31st March of every year by 30
th June
of that year to the Central Government in the Ministry of Environment and Forests as per proforma given in
Annexure III.
(8) The Central Government in the Ministry of Environment, Forests and Climate Change may give such directions, as it
deems fit, to the SESZMC for effective discharge of its functions.
[F. No. 25/14/2013-ESZ-RE]
Dr. G. V. SUBRAHMANYAM, Scientist G
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18 THE GAZETTE OF INDIA : EXTRAORDINARY [PART IISEC. 3(ii)]
Annexure I
Map of Eco-sensitive Zone boundary together with its latitudes and longitude of extremes and extent.
-
Hkkx II[k.M 3 (ii) Hkkjr dk jkti=k % vlk/kj.k 19
Annexure II
Village falling within the proposed Eco Sensitive Zone of Kyongnosla Alpine Sanctuary, East Sikkim.
Sl.
No.
Name of the village Latitude Longitude
Degree Minute Seconds Degree Minute Seconds
1. Karponang 27 22 12 88 41 34
2. Changu 27 22 14 88 44 40
Annexure III
Proforma of Action Taken Report: - State Level Eco-sensitive Zone Monitoring Committee.-
1. Number and data of Meetings. 2. Minutes of the meetings: Mention main not worthy 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 (EIA) Notifications, 2006 (Eco-sensitive Zone wise)
Details may be attached as separate Annexure.
6. Summary of case scrutinized for activities not covered under EIA Notification, 2006 (Eco-sensitive Zone wise) Details may be attached as separate Annexure.
7. Summary of complaints lodged under section 19 of Environment (Protection) Act, 1986 (Eco-sensitive Zone wise).
8. Any other matter of importance.
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