List of activities prohibited or to be regulated within Eco-sensitive Zone : Ministry of Environment, Forest and Climate Change. MINISTRY OF...
List of activities prohibited or to be regulated within Eco-sensitive Zone : Ministry of Environment, Forest and Climate Change.
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
New Delhi, the 20th July, 2020
S.O. 2393(E).—In supersession of Ministry’s draft notification S.O. 1249 (E), dated 29th March, 2016, the following draft of the notification, which the Central Government proposes to issue in exercise of the powers conferred by sub-section (1), read with clause (v) and clause (xiv) of sub-section (2) and sub-section (3) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) is hereby published, as required under sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, for the information of the public likely to be affected thereby; and notice is hereby given that the said draft notification shall be taken into consideration on or after the expiry of a period of sixty days from the date on which copies of the Gazette containing this notification are made available to the public;
Any person interested in making any objections or suggestions on the proposals contained in the draft notification may forward the same in writing, for consideration of the Central Government within the period so specified to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, Aliganj, New Delhi-110 003, or send it to the e-mail address of the Ministry at email@example.com
WHEREAS, Aralam Wildlife Sanctuary is spread over an area of 55 square kilometres, located in the south east part of Kannur District. The Sanctuary falls in Aralam, Kelakam and Kottiyoor revenue villages in Iritty Taluk of Kannur District in the State of Kerala;
AND WHEREAS, Aralam Wildlife Sanctuary lies between 11054' and 11059’ North latitude and 75047’ and 75057’ East longitude and is the northernmost protected area of Kerala state. The Sanctuary is located in the northwest slopes of Western Ghats contiguous with the forests of Coorg (Kodagu) district of Karnataka state. The Sanctuary was constituted in the year 1984 as per GO (P) 300/84/AD dated 15th October, 1984. It was formed by carving out areas from the Odanthode Malavaram of Thalassery special division which was an erstwhile private forest, subsequently taken over by Govt. as per the provisions of the Kerala Private Forests (Vesting and assignment) Act 1971 and from the Kottiyoor RF of Wayanad Forest Division. The vested forest portion of the Sanctuary is 32.64 square kilometres and the remaining 22.36 square kilometre is part of Kottiyoor Reserved Forest. Till 30th June, 1998 this Sanctuary was a Range in Wayanad Wildlife Division. It started functioning as an independent Wildlife Division since 1st July, 1998 as per GO (MS) 36/98 dated 27th May, 1998;
AND WHEREAS, the forests of Aralam Wildlife Sanctuary and adjacent areas represent the only compact protected patch of vegetation belonging to the unique vegetation sub-type viz the Dipterocarpus-Mesua-Palaquium sub-type in Kerala. The edaphic conditions of the region are distinct from those of the southern reaches;
AND WHEREAS, Aralam Wildlife Sanctuary is a contiguous block of forests stretching to the adjacent Wayanad-Brahmagiri and Wayanad northern slopes. The forests are also contiguous with the protected areas of the Karnataka state namely the Brahmagiri Wildlife Sanctuary and also with the forests of Coorg and assume much importance in meta-population management especially with regard to the case of larger mammals such as gaur, elephant, tiger and endemic primates such as lion-tailed macaque and nilgiri langur and birds such as Malabar pied hornbill and great pied hornbill. This is the only area where maximum number of Malabar pied hornbill is met within the Kerala portion of Western Ghat;
AND WHEREAS, Aralam Wildlife Sanctuary forms a vital link in the network of protected areas stretching from north to south along the Western Ghats. Aralam forests with its local specialized ecological niche support a variety of endemic species, which are in the verge of extinction. Another unique feature of the Sanctuary is the presence of 5 species of diurnal primates’ viz lion-tailed macaque (Macaca silenus), nilgiri langur (Semnopithecus johnii) (NL), black footed grey langur (Semnopithecus hypoleucos), common langur or Hanuman langur (Semnopithecus entellus) and Bonnet macaques (Macaca radiata) and one species of nocturnal primate i.e. Malabar slender loris (Loris ledekkerianus malabaricus);
AND WHEREAS, the major flora of the Sanctuary are kunnivaka (Albizia procera), ezhilampaala (Alstonia scholaris), kasumavu (Aanacardium occidentale), chemparavalli (Ampelocissus indica), mula (Bamboosa bamboos), mulluvenga (Bridelia retusa), pezhu (Carreya arborea), kanikonna (Cassia fistula), kodangal (Centella asiatica), eetti (Dalbergia latifolia), arasu (Ficus religiosa), kudampuli (Garciniagummi-gutta), chadachi (Grewia tiliifolia), manjakadambu (Haldina cordifolia), arippu (Lantana camara), venthekku (Largerstomia lanceolata), kadambu (Mitragyna parvifolia), maavu (Mangifera indica), naikambagam (Prunus ceylanica), mazhavaaka (Samaniasaman spp), teak (Tectona grandis), maruth (Terminalia paniculata), mylellu (Vitex altissima), kotta (Ziziphus xylopyrus), etc;
AND WHEREAS, the fauna of the Aralam Wildlife Sanctuary are Asian elephant (Elephas maximus), tiger (Panthera tigris), leopard (Panthera pardus), leopard cat (Felis bengalensis), barking deer (Muntiacus muntjak), mouse deer /Indian chevrotain (Tragulus meminna), sambar deer (Rusa unicolor), jungle cat (Felis chaus), bonnet macaque (Macaca radiata), jungle palm squirrel (Funambulus tristiatus), Malabar giant squirrel (Ratufa indica), slender loris (Loris tardigradus), Indian crested porcupine (Hystrix indica), black napped hare (Lepus nigricollis), lesser dog faced fruit bat (Cynopterus brachyotis), Indian pangolin (Manis crassicaudata), grey mongoose (Herpestes edwardsi), small Indian civet (Viverricula indica), wild boar (Sus scrofa), etc;
AND WHEREAS, the avifauna found in the Aralam Wildlife Sanctuary are Malabar pied hornbill (Anthracoceros coronatus), grey junglefowl (Gallus sonneratii), shikra (Accipiter badius), Indian cuckoo (Cuculus micropterus), Sri Lanka frogmouth (Batrachostomus moniliger), brahminy kite (Haliastur Indus), green imperial- pigeon (Ducula aenea), Asian koel (Eudynamysscolopacea spp), grey heron (Ardea cinerea), Malabar trogon (Harpactes fasciatus), black kite (Milvus migrans), Malabar parakeet (Psittacula columboides), Malabar grey hornbill (Ocyceros griseus), great hornbill (Buceros bicornis), black drongo (Dicrurus macrocercus), etc. While reptiles and amphibians of the Sanctuary are Malabar pit viper (Trimereusrus malabaricus), cobra (Naja naja), king cobra (Ophiophagus hannah), Indian python (Puthon molurus), Indian rat snake (Ptyas mucosus), Nilgiri keelback (Hebius beddomei), common Indian monitor (Varanus benghalensis), mountain day gecko (Cnemaspis monticola), narrow- mouthed frog (Microhyla sp.), ornate narrow-mouthed frog (Microhyla ornata), Jerdon’s narrow mouthed frog (Ramanella montana), common Indian toad (Duttaphrynus melanostictus), Malabar tree toad (Pedostibes tuberculosus), Indian frog (Indirana sp.), golden frog (Hylarana aurantiaca), etc;
AND WHEREAS, the important rare, endangered and threatened species available in the Aralam Wildlife Sanctuary are keerikkizhangu (Anaphyllum wightii), kannaram valli (Aspidopterys canarensis), chemparavalli (Ampelocissus indica), cherukoori (Cynometra beddomei), koori (Cynometra travancorica), kakkamullu (Capparis rheedei), vellakasavu (Drypetes wightii), eeti (Dalbergia latifolia), Nellikkapuli (Glochidion zeylanicum), irumbaga (Hopea parviflora), eyyakam (Hopea ponga), cherukuravu (Ixora malabarica), churali (Kingiodendron pinnatum), chorapali (Myristica malabarica), kambili (Melicope lunu-ankenda), kattukurumulagu (Piper barberi), malayuram (Pterospermum reticulatum), vallamanchi (Syzygium stocksii), chandanam (Santalum album), painimaram (Vateria indica), etc;
AND WHEREAS, it is necessary to conserve and protect the area, the extent and boundaries of Aralam Wildlife Sanctuary which are specified in paragraph 1 as Eco-sensitive Zone from ecological, environmental and biodiversity point of view and to prohibit industries or class of industries and their operations and processes in the said Eco-sensitive Zone;
NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) and clauses (v) and (xiv) of sub-section (2) and sub-section (3) of Section 3 of the Environment (Protection) Act 1986 (29 of 1986) (hereafter in this notification referred to as the Environment Act) read with sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby notifies an area to an extent varying from 0 (zero) to 3.06 kilometres around the boundary of Aralam Wildlife Sanctuary, in Kannur district in the State of Kerala as the Eco-sensitive Zone (hereafter in this notification referred to as the Eco-sensitive Zone) details of which are as under, namely: -
1. Extent and boundaries of Eco-sensitive Zone. –
- (1) The Eco-sensitive Zone shall be to an extent of 0 (zero) to 3.06 kilometres around the boundary of Aralam Wildlife Sanctuary and the area of the Eco-sensitive Zone is 10.136 square kilometres. Zero extent of Eco-sensitive Zone in the northern side of Aralam Wildlife Sanctuary is due to bordering with the Brahmagiri Wildlife Sanctuary of Karnataka, while east and south-east side of the Sanctuary shares boundary with Kottiyoor Wildlife Sanctuary and hence the extent of Eco-sensitive Zone is also zero here.
- (2) The boundary description of Aralam Wildlife Sanctuary and its Eco-sensitive Zone is appended in Annexure- IA and Annexure-IB.
- (3) The maps of the Aralam Wildlife Sanctuary demarcating Eco-sensitive Zone along with boundary details and latitudes and longitudes are appended as Annexure-IIA, Annexure-IIB, and Annexure-IIC.
- (4) List of geo-coordinates of the boundary of Aralam Wildlife Sanctuary and Eco-sensitive Zone are given in Table A and Table B of Annexure III.
- (5) The list of villages falling in the proposed Eco-sensitive Zone along with their geo co-ordinates at prominent points is appended as Annexure-IV.
2. Zonal Master Plan for Eco-sensitive Zone.-
- (1) The State Government shall, for the purposes of the Eco- sensitive Zone prepare a Zonal Master Plan within a period of two years from the date of publication of this notification in the Official Gazette, in consultation with local people and adhering to the stipulations given in this notification for approval of the competent authority of State.
- (2) The Zonal Master Plan for the Eco-sensitive Zone shall be prepared by the State Government in such manner as is specified in this notification and also in consonance with the relevant Central and State laws and the guidelines issued by the Central Government, if any.
- (3) The Zonal Master Plan shall be prepared in consultation with the following Departments of the State Government, for integrating the ecological and environmental considerations into the said plan:-
- (i) Environment;
- (ii) Forest and Wildlife;
- (iii) LSGD, PWD
- (iv) Agriculture;
- (v) Revenue;
- (vi) Urban Development;
- (vii) Tourism;
- (viii) Rural Development;
- (ix) Irrigation and Flood Control;
- (x) Municipal;
- (xi) Panchayati Raj;
- (xii) Kerala State Pollution Control Board; and
- (xiii) Public Works Department.
- (4) The Zonal Master Plan shall not impose any restriction on the approved existing land use, infrastructure and activities, unless so specified in this notification and the Zonal Master Plan shall factor in improvement of all infrastructure and activities to be more efficient and eco-friendly.
- (5) The Zonal Master Plan shall provide for restoration of denuded areas, conservation of existing water bodies, management of catchment areas, watershed management, groundwater management, soil and moisture conservation, needs of local community and such other aspects of the ecology and environment that need attention.
- (6) The Zonal Master Plan shall demarcate all the existing worshipping places, villages and urban settlements, types and kinds of forests, agricultural areas, fertile lands, green area, such as, parks and like places, horticultural areas, orchards, lakes and other water bodies with supporting maps giving details of existing and proposed land use features.
- (7) The Zonal Master Plan shall regulate development in Eco-sensitive Zone and adhere to prohibited and regulated activities listed in the Table in paragraph 4 and also ensure and promote eco-friendly development for security of local communities’ livelihood.
- (8) The Zonal Master Plan shall be co-terminus with the Regional Development Plan.
- (9) The Zonal Master Plan so approved shall be the reference document for the Monitoring Committee for carrying out its functions of monitoring in accordance with the provisions of this notification.
3. Measures to be taken by the State Government.-
The State Government shall take the following measures for giving effect to the provisions of this notification, namely:-
(1) Land use.– (a) Forests, horticulture areas, agricultural areas, parks and open spaces earmarked for recreational purposes in the Eco-sensitive Zone shall not be used or converted into areas for commercial or residential or industrial activities:
Provided that the conversion of agricultural and other lands, for the purposes other than that specified at part (a) above, within the Eco-sensitive Zone may be permitted on the recommendation of the Monitoring Committee, and with the prior approval of the competent authority under Regional Town Planning Act and other rules and regulations of Central Government or State Government as applicable and vide provisions of this Notification, to meet the residential needs of the local residents and for activities such as:-
- (i) widening and strengthening of existing roads and construction of new roads;
- (ii) construction and renovation of infrastructure and civic amenities;
- (iii) small scale industries not causing pollution;
- (iv) cottage industries including village industries; convenience stores and local amenities supporting eco-tourism including home stay; and
- (v) promoted activities given under paragraph 4:
Provided further that no use of tribal land shall be permitted for commercial and industrial development activities without the prior approval of the competent authority under Regional Town Planning Act and other rules and regulations of the State Government and without compliance of the provisions of Article 244 of the Constitution or the law for the time being in force, including the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007):
Provided also that any error appearing in the land records within the Eco-sensitive Zone shall be corrected by the State Government, after obtaining the views of Monitoring Committee, once in each case and the correction of said error shall be intimated to the Central Government in the Ministry of Environment, Forest and Climate Change:
Provided also that the correction of error shall not include change of land use in any case except as provided under this sub-paragraph.
(b) Efforts shall be made to reforest the unused or unproductive agricultural areas with afforestation and habitat restoration activities.
(2) Natural water bodies.-The catchment areas of all natural springs shall be identified and plans for their conservation and rejuvenation shall be incorporated in the Zonal Master Plan and the guidelines shall be drawn up by the State Government in such a manner as to prohibit development activities at or near these areas which are detrimental to such areas.
(3) Tourism or Eco-tourism.-
- (a) All new eco-tourism activities or expansion of existing tourism activities within the Eco-sensitive Zone shall be as per the Tourism Master Plan for the Eco-sensitive Zone.
- (b) The Eco-Tourism Master Plan shall be prepared by the State Department of Tourism in consultation with State Departments of Environment and Forests.
- (c) The Tourism Master Plan shall form a component of the Zonal Master Plan.
- (d) The Tourism Master Plan shall be drawn based on the study of carrying capacity of the Eco-sensitive Zone.
- (e) The activities of eco-tourism shall be regulated as under, namely:-
(i) new construction of hotels and resorts shall not be allowed within one kilometre from the boundary of the protected area or upto the extent of the Eco-sensitive Zone whichever is nearer:
Provided that beyond the distance of one kilometre from the boundary of the protected area till the extent of the Eco-sensitive Zone, the establishment of new hotels and resorts shall be allowed only in pre-defined and designated areas for eco-tourism facilities as per Tourism Master Plan;
(ii) all new tourism activities or expansion of existing tourism activities within the Eco-sensitive Zone shall be in accordance with the guidelines issued by the Central Government in the Ministry of Environment, Forest and Climate Change and the eco-tourism guidelines issued by National Tiger Conservation Authority (as amended from time to time) with emphasis on eco-tourism, eco- education and eco-development;
(iii) until the Zonal Master Plan is approved, development for tourism and expansion of existing tourism activities shall be permitted by the concerned regulatory authorities based on the actual site specific scrutiny and recommendation of the Monitoring Committee and no new hotel, resort or commercial establishment construction shall be permitted within Eco-sensitive Zone area.
(4) Natural heritage.-All sites of valuable natural heritage in the Eco-sensitive Zone, such as the gene pool reserve areas, rock formations, waterfalls, springs, gorges, groves, caves, points, walks, rides, cliffs, etc. shall be identified and a heritage conservation plan shall be drawn up for their preservation and conservation as a part of the Zonal Master Plan.
(5) Man-made heritage sites.-Buildings, structures, artefacts, areas and precincts of historical, architectural, aesthetic, and cultural significance shall be identified in the Eco-sensitive Zone and heritage conservation plan for their conservation shall be prepared as part of the Zonal Master Plan.
(6) Noise pollution.-Prevention and control of noise pollution in the Eco-sensitive Zone shall be complied in accordance with the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 under the Environment Act.
(7) Air pollution.-Prevention and control of air pollution in the Eco-sensitive Zone shall be compiled in accordance with the provisions of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and the rules made thereunder.
(8) Discharge of effluents.-Discharge of treated effluent in Eco-sensitive Zone shall be in accordance with the provisions of the General Standards for Discharge of Environmental Pollutants covered under the Environment Act and the rules made thereunder or standards stipulated by State Government whichever is more stringent. ..........................................Read also click here.
Source : http://egazette.nic.in/WriteReadData/2020/220613.pdf
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