pulicat notification 3jan2014_22e.pdf

8/12/2019 Pulicat Notification 3Jan2014_22e.pdf

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- No. 22]

EXTRAORDINARY'fllT I 1 - ~ 3 - 3 t f - ~ ii)

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MINISTRY OF ENVIRONMENT AND FORESTSNOTIFICATION

New Delhi, the 3rd January, 2014S.O. 22 E).-The following draft of the notification, which the Central Government proposes to issue inexercise of the powers conferred by sub-section (1), clauses (v) and (xiv) of sub-section (2) and sub-section (3) ofsection 3 of the Environment (Protection) Act, 1986 (29 of 1986) is hereby published, as required under sub-rule 3) ofrule 5 of he Environment (Protection) Rules, 1986, for the information of the public likely to be affected thereby; andnotice 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 of India containing this notification are made available to thePublic;

Any person interested in making any objections or suggestions on the proposals contained in the draftnotification may forward the same in writing, for consideration of the Central Government within the period sospecified to the Secretary, Ministry of Environment and Forest, Paryavaran Bhawan, CGO Complex, Lodi Road, 'NewDelhi-IIO 003, or at e-mail address:- [email protected].

Draft Notification ,.Whereas, the Pulicat Lake is the Secorl


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10 THE GAZETTE OF INDIA; EXTRAORDINARY [PART II-SEC. 3(ii)]aquatic and terrestrial birds like Greater and Lesser Flamingoes, Painted Storks, Large and Little Egrets, Grey Pelicans,Grey Herons and Water birds such as Northern Pintails, Black winged Stilts, Northerp Shovellers, Common Teal,Seagulls, Terns, Sandpipers, Plovers, Common Coots, Curlews, etc., and is famous for large number of migratory birdsvisiting during winter as the lake offers food and protection from predators.

And Whereas, the salJctuary extends to about 600 square kilometre in Andhra Pradesh covering five mandalsofTada, Sullurpet, Doravarisatram, Chittamur and Vakadu of Nell ore District;AND WHEREAS, the s a n ~ t u a r y area has some very significant patches of remnants of southern tropical dryever green forests interspersed with mangrove forests, littoral vegetation and cane brakes ori Sriharikota Island which is

of considerable Botanical interest;And Whereas, this sanctuary has the principal categories of fauna which inter-alia include Prawns, Lobsters,

Crabs, Zoo planktons, Coelenterates, Annelids, Molluscs and Echinoderms among Invertebrates; Sable fish, SarginFish ,White, Black and Silver Promphets among Fish (168 species offish are recorded in Pulicat lake); Monitor lizard,Calotes, Cobra, Russel Viper and Krait among Reptiles; Wild Boar, Jungle Cat and Jackal among mammals and amongAves, the Principal, bird species that visits Pulicat Lake is Greater Flamingo (About 30,000 Flamingoes visit Pulicatevery year) and such other feeding migrants as Pelicans, Painted Storks, Open billed Storks, Grey herons, Cormorants,White Ibises, Spoonbills, Egrets, Reef Herons, Spot billed Ducks, Northern Shovellers, Northern Pintails, Sane) Pipers,Gulls and River terns;And Whereas, the greater Flamingo (Phoenicopterus roseus) is five feet tall slim bird with white plumage withpink wash, bright coral red outer wing coverts, black feathers and an angled pink bill tipped black which wades inshallow marshy waters and are filter feeders and while feeding it swings head from side to side with bill below waterwith rhythmic movement of legs, filtering out small crustaceans and algae and visits Pul ica t during October comingfrom Great Rann of Kutch, the breeding place and returns back during April and is listed as an endangered speciesrequiring protection;And Whereas, it is necessary to conserve and protect the area around the protected area of Pulicat BirdSanctuary as Eco-sensitive Zone from ecological and environmental point of view;Now, Therefore, in .exercise of the p w ~ r s conferred by sub-section (1), clauses (v) and (xiv) of sub-section(2) and sub-section (3) of section 3 of the Environment (Protection) Act, 1986 290f 1986) read with sub-rule (3) ofrule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby notifies an area of two kilometres.from north to south all along the western boundary of the Pulicat Bird Sanctuary in the State of Andhra Pradesh as an .

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 is two kilometres fromnorth to south all along the western boundary of the Pulicat Bird Sanctuary in the State of Andhra Pradesh.(2) The detailed description of boundaries of the Eco sensitive Zone is appended to this notification as Annexure I.(3) The map of Eco-sensitive Zone boundary together with its latitudes and longitudes is appended to this notificationas Annexure II.(4) The list of twenty three villages falling outside the boundary of the Pulicat Bird Sanctuary and falling within thePulicat Bird Sanctuary Eco-sensitive Zone alongwith their longitudes and latitudes at prominent points are appended tothis notification as Annexure III:Provided that the list of villages as given in Annexure III shall be further revisited and confirmed by the StateGovernment while preparing the Zonal Master Plan.2. Z ~ n a l Master Plan for the Eco-sensitiveZone.- (1) For the purpose of effective management of the Bco-sensitive

. Zone, the State Government shall prepare, in consultation with local people, a Zonal Master Plan, within a period oftwo years from the date of publication of this notification in the Official Gazette, for the consideration and approval ofthe Ministry of Envfronment and Forests,Government ofIndia.(2) The Zonal Master Plan shall be prepared with the involvement of all concerned State Departments, such asEnvironment, Forest and Wildlife, Agriculture, Roads and Buildings, Revenue, Urban Development, Tourism, RuralDevelopment, Municipal, Panchayti Raj, Irrigation and Public Works Department for integrating the ecological andenvironmental considerations into the said plan.(3) The Zonal Master Plan shall provide for restoration of denuded 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.

. .(4) The Zonal Master Plan shall demarcate all the existing and proposed urban settlements, village settlements,

t y p ~ and kinqs of forest, agriculture areas, parks and open spaces earmarked for recreation purposes, horticulturalareas, orchards; htkes and other water bodies.

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I [ IWT T I ~ 3(ii)](5) 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 para 4, for carrying out its functions of monitoring under the.provisions of this notification.(6) The Zonal Mastel Plan shall indicate measures and lay down stipulations for regulation of activities specifiedunder column (2) of the Table specified in para 3.(7) Change of land use of forests,. horticulture areas, agricultural areas, parks and open spaces earmarked forreci eational purposes into areas for commercial or industrial related development activities shall not be permitted in theEco-sensitive Zone:Provided that the conversion of agricultural lands within the Eco-sensitive Zone may be permittedon the recommendation of the SESZMC, and with the prior approval of the State Government, only to meet theresidential needs of the local residents arising due to the natural growth of existing local population including theactivities listed at item number 18 relating to rainwater harvesting specified in column (2) of the Table in para 3:Provided further that no change in use of land from tribal usage to non-tribal usage shall be permitted withoutthe prior approval of the State Government and without compliance of the provisions of the law for the time being inforce, including the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act,2006(2 of 2007).(8) The Central Government and the State Government may specify such other measures, as may be considerednecessary, for giving effect to the provisions of this notification.(9) The activity relating to tourism within the Eco-sensitive Zone shall be as under, namely:-

(i) all new tourism activities or expansion of existing tourism activities within the Eco-sensitive Zone shall be inline with the central guidelines issued by the National Tiger Conservation Authority, Ministry of Environme nt andForests and the Ministry of Tourism, Government of India with emphasis on eco-tourism, eco-education and eco-development and based on the study of carrying capacity of the Eco-sensitive Zone; .Oi) till the Zonal Mastei Plan is approved, development for tourism and expansion of existing tourism activitiesshall be permitted by the concerned regulatory authorities based on the actual site specific scruitinisation andrecommendation ofthe SESZMC;(iii) the tourism activities shall also form a component of the Zonal Master Plan.(10) The Environment Department or the State Forest Department of Andhra Pradesh shall be the authority to drawup guidelines and regulations for the control of noise pollution in the Eco-sensitive Zone in accordance with theprovisions of the Air (Prevention and Control of Pollution) Act, 198](14 of 1981), .(11) The Environment Department or the State Forest Departmentof Andhra Pradesh shall be the authority to drawup guidelines and regulations for the control of air pollution in the Eco-sensitive Zone in accordance with theprovisions of the Air (Prevention and Control of Pollution) Act, 1981.(12) The discharge of treated effluent in Eco-sensitive Zone shall be in accordance with the provisions ofthe Water(Prevention and Control of Pollution) Act, 1974(6 of 1974).(13) The solid waste disposal in Eco-sensitive Zone shall be carried out(a) as per the provisions of the Municipal Solid Waste (Management and Handling) Rules, 2000 published by thec:entral Government vide notification number S.O. 908 (E), dated the 25th September 2000;(b) the local authorities shall draw up plans for the segregation of solid wastes into biodegradable and non-biodegradable components;(c) the biodegradable material shaH be recycled preferably through composting or vermiculture;(d) the inorganic material shall be disposed of in an environmentally acceptable manner.(14) The vehicular movement of traffic shall be regulated in a habitat friendly manner and specific provisions inthis regard shall be incorporated in the Zonal Master Plan and till such time as the Zonal master plan is prepared andapproved by the Ministry of Environment and Forests, the SESZMC shall monitor the compliance of vehicularmovement as per the rules and regulations in force.

2. Activities to be prohibited nd regulated within the Eco-sensitive Zone.- All activities in the Eco-sensitiveZone shall be governed by the provisions of the Environment (Protection) Act, 1986 and be regulated in themanner specified in the Table below, namely:-


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S.No.1)1

2.

3.

4.

5.

THE GAZETTE OF INDIA: EXTRAORDINARY

ctivity2)

Coastal Aqua culture

Industrial Units

Construction Activities

Commercial Mining, stonequarrying and crushingunits.

Felling of Trees

T BLEProhibited Regulated

3) 4)Yes

Yes

Yes

Yes

Yes

Permttted5)

[PART II SEC. 3 ii)]

Remarks6)

No Aqua Culture eitherbrackish water or fresh wateraqua culture is permittedwithin the Eco-sensitiveZone.i No establishment of new

wood based industrywithin Eco-sensitiveZone.ii. No establishment of any

new polluting or highlypolluting industry withinEco-sensitive Zone.

i From the boundary ofPulicat Bird Sanctuaryup to a distance of 100metre in the Ecosensitive Zone, no newconstruction of any kindshall be allowed excepttube well chamber ofdimension not more than1000 Cubic inches.

ii. The construction of anybuilding more than twostoreys twenty fivefeet) shall not beallowed in the Ecosensitive Zone areafalling between 100 to500 meters from theboundary of the PulicatBird Sanctuary.

iii. The laying of newhigh tensiontransmission wiresshall not be allowedfrom the boundary ofPulicat BirdSanctuarydistance to aof fivehundred meters in theEco-sensitive Zone.

a) All new and existingmining minor and majorminerals), stone quarryingand crushing units areprohibited.a) There shall be no felling

of trees on the forest orGovernment or revenue orprivate lands without prior


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[ IWT 1 I ~ 3 ii)J 13permission of the competentauthority . in the StateGovernment;b) the felling of trees shallbe regulated in accordancewith the provisiol)s of theconcerned Central or StateAct and the rules madethereunder.

6. Extraction of water Yes i. Extraction of groundwater shall be permittedonly for the bonafiedagricultural anddomestic consumptionof the occupier of theplot.ii. All steps shall be taken

to preventcontamination orpollution. of waterincluding . fromagriculture.7. Sale of ground water Yes With permission fromappropriate authority8. Traditional fishing. - - Yes Permitted with restrictionsand in accordance with thelaw prevailing in the State.9. Fishing by trawlers in Yes - -untraditional manner as alarge scale commercialactivity.10. Discharge of untreated Yeseffluents11. Discharge of treated Yes They should meet provisionseffluents of the water Preventioncontrol of pollution) Act,1974.12. Solid waste Yes Carried out as per theprovision of the MunicipalSolid waste ManageMentRules, 2000 published vide

number S.O. 908 E) dated25.09.2000.13. Setting of sawmills Yes14. Establishment of Hotels and YesResorts15. Commercial use of fire Yes For hotels and other businesswood related establishments16. Establishment of major Yeshydro electric projects17. Erection of electrical cables Yes Promote under- groundcabling18. Rain water harvesting Yes Should be actively promoted19. Organic farming -- Yes Should be actively promoted20. Use of renewable energy Yes Should be actively promotedsources


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4

4.

THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3(ii)]21. Adoption of green Yes Should be actively promotedtechnology for all activities22. Use ofpolythene bags Yes23. Widening of roads Yes24. Movement of vehicular Yes For commercial purpose.traffic at night25. Introduction of exotic species Yes26. Use or production of any Yeshazardous substances27. Tourism activities like over Yesflying the sanctuary by Air

craft or hot air balloons28. Protection of river banks Yes29. Signboards and hoardings YesOngoing agriculture and Yes

horticulture practices bylocal communities throughorganic farming

State Level Eco-sensitive Zone Monitoring Committee.- (1) The Central Government shall, for effectiyemonitoring of the Eco-sensitive Zone constitute a Committee to be called the State Level Eco-sensitive ZoneMonitoring Committec (SESZMC) for the State of Andhra Pradahs which shall comprise of:-(i) Chief Secretary, Government of Andhra Pradesh - Chairman;(ii) rcpresentative of the Ministry of Environment and Forests, Regional Office, Bangalore- Member;(iii) representative of the State Pollution Control Board-Member;(iv) one representative of Non-governmental Organizations working in the field of environment to benominated by the Government of Andhra Pradesh - Member;(v) one representative of community based organization nominated by the State Government-Member;

(vi) five representatives of the Government of Andhra Pradesh from Depaliments of RuralDevelopment, Agriculture, Urban Development and Housing, Tourism and panchayti Raj PublicWorks Department-Members;(vii) one expert in Ecology from reputed Institution or University of the State of Andhra PradeshMember;

(viii) concerned District Collector-Member;(ix) concerned Wildlife Warden - Member; and(x) Director, Department of Environment, Government of Andhra Pradesh- 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 Ecosensitive Zone, except the prohibited activities specified in column(3) of the Table under para 3, shall bescrutinised by the SESZMC based on the actual site-specific conditions and referred to the CentralGovernment in the Ministry of Environment and Forests for prior environmental clearances under theprovisions 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 ofEnvironment and Forests number S.O. 1533(E), dated the 14th September, 2006 but are falling in the Ecosensitive Zone, except the prohibited activities specified ill column(3) of the Table under para 3, shall bescrutinised by theSESZMC based on the actual site-specific conditions and referred to the concerned RegulatoryAuthorities.(5) The Chairman or the Member Secretary of the SESZMC shall be competent to tile complaints under section 19 ofthe 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 IndustryAssociations 01 concerned stakeholders to assist it in its deliberations depending on the requirements on issue toissue basis.(7) The SESZMC shall submit the annual action taken report ofits activities by 31 st March of every year to the

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

5. The provisions of this Notification are subject to the orders, if any, passed, or to be passed, by the Hon bleSupreme Court ofIndia or the High Couti.


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mrr I I ~ 3(ii)] 15Annexure I

Detailed description o boundaries o the Eco sensitive ZoneEco-Sensitive Zone boundary o Pulicat Bird Sanctuary staJis from 1 Km distance from nOlih ofValamedu Village and proceeds towards eastern direction for 2 Kms and joins at Bay of Bengal.The boundary of the PlJlicat Bird Sanctuary is the boundary of the Eco-sensi tive Zone towards easternside all along the shore line of Bay of Bengal upto inter-state boundary of Tamil Nadu and Andhl aPradesh at 750m northern side ofPulinjel ikuppam village.The Eco-sensi tive zone line starts at inter-state boundary of Andhra Pradesh andTamil Nadu at 750mnorthern side of Pulinjerikuppam village and runs all along the Tamil Nadu State boundary towardssbuth and then runs towards west side and then runs northern side and ends at 200meters western sideof Arambakkam village.The Eco-sensitive Zone line stalis from Tamil Nadu and Andhra Pradesh state boundary at a distanceof 200 mtrs western side of NH 5 near Karuru Village which is Station No.1 and the line runs alongthe western side of NH 5 at a distance of 200 mtrs and crosses NH 5 at Tada, Srikalahasthi RoadJunction and joins at station No.2 which is the Railway crossing of Chenigunta village, al1d runstowards Northern direction touching vatembedu Village at Station No.3, and then the line runstowards northerly direction and touches at Station No.4 of Karijatha Vi lIge, then the line runs westernside and touches Station No.5 of Ulasapadava Irrigation Tank, then the line runs towards northerlydirection and touches at Station No.6 at Konepalli Village, then the line runs towards northerlydirection touches at Station No.7 Sridhanamalli Village, then the line runs northerly direction touchesat Station No.8 near Aanegottam Village and then the line runs northern direction touches StationNo.9 at Pulathota Village, then the line runs northern direction touches at Station No 1O near Diguvavarattur and then the line proceeds and touches Station No.l1 near Arur Village and then the lineproceeds towards NO\ih-East direction touches Station No.12 at Kogili Village and then the lineproceeds towards eastern direction and touches at station No.13 near Kokkupalem Village, then theline runs towards northerly direction and touches at station No.14, then the line runs towardsnortherly direction and touches at Station No.15 near AndalamalaVillage, then the line runs towardsNorth-East Direction and joins at Sea shore line of Bay of Bengal at Station No.16 near ValameduVillage which is closed Station.


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6 THE GAZETTE OF INDIA EXTRAORDINARY

I


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mrr I I ~ 3(ii)J 17Annexure IIIList of twenty three villages falling outside the boundary of the Pulicat Wildlife Sanctuary and falling within thPulicat Wildlife Sanctuary Eco sensitive Zone alongwith their longitudes and latitudes at prominent points.

S.No.VIV2V3y4

. V5V6V7V8V9VI0VllV12V13V14VISV16V17V18V19V20V21V22V23

Name ofth Revenue VillageBheemunivari Palem kuppamBheemunivari PalemPudiTadaTada KandrigaVatambeduKarijatha.DavadiguntaKeN GuntaKudiriMannemutturu harijana wadaAbakaTogaramudiSridhanamalliKalluru KandrigaKattuvapalleKattuvapa\Ie harijana wadaSinganalatturuYelluruPallamparthiKokkupalemDuggarajapatnamThupiIipalem

Latitnde13.546120013.544820013.560670013.587480013.595330013.654370013.683110013.695270013.696550013.707180013.718210013.749950013.760450013.774270013.800600013.834850013.834680013.856780013.913150013.923120013.936640013.980390014.0345000

Longitude80.0723000-

8 0 0 6 7 ~ 9 0 080.054520080.034780080.029280080.048140080.065790080.043010080.046580080.070430080.0301300080.03.46580.041900080.020220080.026720080.044250080.049940080.036930080.115430080.122920080.135600080.156060080.1420100

[F.No.25/48/2013-ESZ-REJDr. G. V. SUBRAHMANYAM, Scientist G

Printed by the Manager Government of India Press Ring Road Mayapuri New Delhi-II 0064and Published by the Controller of Publications Delhi-ll0054.

pulicat notification 3jan2014_22e.pdf

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