The Environment (Protection) Act, 1986 PDF

# The Environment (Protection) Act, 1986 & Environment Clearance, Environments Impact Assessment ## For MPSC Exam - Syllabus - Environment Protection Act 1986 - Environmental Clearance - Environmental Impact Assessment ## The Environment Protection Act, 1986. | Sections | Content | |...

# The Environment (Protection) Act, 1986 & Environment Clearance, Environments Impact Assessment ## For MPSC Exam - Syllabus - Environment Protection Act 1986 - Environmental Clearance - Environmental Impact Assessment ## The Environment Protection Act, 1986. | Sections | Content | |---|---| | | Chapter - I | | | Preliminary | | 1 | Short title, extent and commencement | | 2 | Definitions | | | Chapter - II | | | General Powers of the Central Government | | 3 | Power of Central Government to take measures to protect and improve environment. | | 4 | Appointment of officers and their powers and functions. | | 5 | Power to give directions. | | 5A | Appeal to National Green Tribunal. | | | Chapter - III | | | Prevention Control and Abatement of Environmental Pollution. | | 7 | Persons carrying on industry, operation, etc., not to allow emission or discharge of environmental pollutants in excess of the standards. | | 8 | Persons handling hazardous substances to comply with procedural safeguards. | | 12 | Environmental laboratories. | | 14A | Penalty for contravention of section 7 or section 8. | | 15 | Penalty for contravention of provisions of Act, rules, orders and directions. | | 15A | Penalty for contravention by Companies. | | 15B | Penalty for contravention by Government Department. | | 15C | Adjudicating officer. | | 15D | Appeal. | | 15E | Penalty amount to be credited to Environmental Protection Fund. | | | Chapter - III - A | | | Fund, Accounts and Audit. | | 16 | Environmental Protection Fund. | | | Chapter - IV | | | Miscellaneous | | 18 | Protection of action taken in good faith. | ## The Environment Protection Act, 1986 An act to provide for the protection and improvement of environment and for matters connected therewith. ### Statement of Objects And Reasons. 1. Concern over the state of environment has grown the world over since the sixties. The decline in environmental quality has been evidenced by increasing pollution, loss of vegetal cover and biological diversity, excessive concentrations of harmful chemicals in the ambient atmosphere and in food chains, growing risks of environmental accidents and threats to life support systems. The world community's resolve to protect and enhance the environmental quality found expression in the decisions taken at the United Nations Conference on the Human Environment held in Stockholm in June, 1972. Government of India participated in the Conference and strongly voiced the environmental concerns. While several measures have been taken for environmental protection both before and after the Conference, the need for a general legislation further to implement the decisions of the Conference has become increasingly evident. 2. Although there are existing laws dealing directly or indirectly with several environmental matters, it is necessary to have a general legislation for environmental protection. Existing laws generally focus on specific types of pollution or on specific categories of hazardous substances. Some major areas of environmental hazards are not covered. There are inadequate linkages in handling matters of industrial and environmental safety. Control mechanisms to guards against slow, insidious (spreading gradually but causing serious harm) build up of hazardous substances, especially new chemicals, in the environment are weak. Because of a multiplicity of regulatory agencies, there is need for an authority which can assume the lead role for studying, planning and implementing long-term requirements environmental safety and to give direction to, and co-ordinate a system of speedy and adequate response to emergency situations threatening the environment. 3. In view of what has been stated above, there is urgent need for the enactment of a general legislation on environmental protection which, inter alia, should enable co-ordination of activities of the various regulatory agencies, creation of an authority or authorities with advocate powers for environmental protection, regulation of discharge of environmental pollutants and handling of hazardous substances, speedy response in the event of accidents threatening environment and deterrent punishment to those who endanger human environment, safety and health. ## Preliminary 1. Short title, extent and commencement. - This Act may be called the Environment Protection Act, 1986. - It extends to the whole of India. - Came into force on 19/11/1986. 2. Definitions. - “Environment” includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property; 3. Power of Central Government to take measures to protect and improve environment. - The Central Government, shall have the power to take all such measures as it deems necessary for the purpose of protecting and improving the quality of the environment and preventing controlling and abating environmental pollution. - In particular, such measures may include measures with respect to all or any of the following matters, namely: - Co-ordination of actions by the State Governments, officers and other authorities - - under this Act, or the rules made thereunder, or - under any other law for the time being in force which is relatable to the objects of this Act; - planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; - laying down standards for the quality of environment in its various aspects; - laying down standards for emission or discharge of environmental pollutants from various sources whatsoever; - restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards; - laying down procedures, safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents; - laying down procedures and safeguards for the handling of hazardous substances; - examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; - carrying out and sponsoring investigations and research relating to problems of environmental pollution; - inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution; - establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act; - collection and dissemination of information in respect of matters relating to environmental pollution; - preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution; - such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act. - The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions of the Central Government under this Act and for taking measures with respect to such of the matters referred to above and subject to the supervision and control of the Central Government and the provisions of such order, - Such authority / authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures. 4. Appointment of officers and their powers and functions. - The Central Government may appoint officers with such designations as it thinks fit for the purposes of this Act and may entrust to them such of the powers and functions under this Act as it may deem fit. 5. Power to give directions. - Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions. - For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct - - the closure, prohibition or regulation of any industry, operation or process; or - stoppage or regulation of the supply of electricity or water or any other service. 6. Appeal to National Green Tribunal. - Any person aggrieved by any directions issued under section 5, on or after the commencement of the National Green Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act. ## Prevention Control And Abatement of Environmental Pollution 7. Persons carrying on industry, operation, etc., not to allow emission or discharge of environmental pollutants in excess of the standards. - No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutant in excess of such standards as may be prescribed. 8. Persons handling hazardous substances to comply with procedural safeguards. - No persons shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed. 9. Environmental Laboratories. - The Central Government may, by notification in the Official Gazette, - establish one or more environmental laboratories; - recognise one or more laboratories or institutes as environmental laboratory under this act. ## Penalty For Contravention of Act, Rules, Orders and Directions 10. Penalty for contravention of section 7 or section 8. - If any person, contravenes provisions of section 7 or section 8 or the rules made thereunder, he shall be liable to penalty in respect of each such contravention, which shall not be less than one lakh rupees but which may extend to fifteen lakh rupees. - Where any person continues contravention under sub-section (1), he shall be liable to additional penalty of fifty thousand rupees for every day during which such contravention continues. 11. Penalty for contravention of provisions of Act, rules, orders and directions. - Where any person contravenes or does not comply with any of the provisions of this Act or the rules made or orders or directions issued thereunder for which no penalty is provided, he shall be liable to penalty in respect of each such contravention which shall not be less than ten thousand rupees but which may extend to fifteen lakh rupees. ## Penalty For Contravention By Companies and Government Department 12. Penalty for contravention by companies. - Where any company contravenes any of the provisions of this Act, the company shall be liable to penalty for each such contravention which shall not be less than one lakh rupees but which may extend to fifteen lakh rupees. - continues contravention - one lakh rupees every day. 13. Penalty for contravention by Government Department. - Where contravention of any of the provision of this Act has been committed by any Department of the Central Government or the State Government, the Head of the Department shall be liable to penalty equal to one month of his basic salary. - Provided that, he shall not be liable for such contravention, if he proves that the the contravention was committed without his knowledge or instruction or that he exercised all due diligence to prevent such contravention. ## Adjudicating Officer, Appeal and Environmental Protection Fund 14. Adjudicating Officer. - The Central Government, for the purposes of determining the penalties under this Act, may appoint an officer not below the rank Joint Secretary to the Government of India or a Secretary to the State Government to be the adjudicating officer, to hold an inquiry and to impose penalty in the manner, as may be prescribed. - Provided that, the Central Government may appoint as many adjudicating officers as may be required. 15. Appeal. - Whoever aggrieved by the order, passed by the adjudicating officer under this Act may prefer an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010. 16. Penalty amount to be credited to Environmental Protection Fund. - Where any penalty or additional penalty, as the case may be, is imposed under sections 14A, 14B, 15, 15A or section 15B, the amount of the penalty shall be credited to the Environmental Protection Fund established under section 16. 17. Environmental Protection Fund. - The Central Government may, by notification in the Official Gazette, establish a fund to be known as the Environmental Protection Fund. - There shall be credited to the Fund - - the amount of penalty imposed under the Air Prevention and Control of Pollution Act, 1981, and under this Act; - the interest or other income received out of investments made from the Fund; and - any other amount from such sources, as may be prescribed. - The Fund shall be applied for - - the promotion of awareness, education and research for the protection of environment. - the expenses for achieving the objects and for purposes of the Air (Prevention and Control of Pollution) Act, 1981 and under this Act. 18. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other employee of the Government or nay authority constituted under this Act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder. ## Global Warming - Earth has warmed at an unprecedented rate over the last hundred years and particularly over the last two decades. Since 1992, each year has been one of the warmest years on record. An upsurge in the amount of extreme weather events, such as wildfires, heat waves, and strong tropical storms, is also attributed Global Warming. "Global warming" is an average increase in the temperature of the atmosphere near the Earth's surface and in the troposphere, which can contribute to changes in global climate patterns. Global warming can occur from a variety of causes, both natural and human induced. In common usage, "global warming" often refers to the warming that can occur as a result of increased emissions of greenhouse gases from human activities. ## Global Warming - Impacts - Rise in Sea level. - Changes in rainfall patterns. - Increased likelihood of extreme events such as heat wave, flooding, hurricanes, etc. - Melting of the ice caps. - Melting of glaciers. - Widespread vanishing of animal populations due to habitat loss. - Spread of disease (like malaria, etc.) - Bleaching of Coral Reefs. - Loss of Plankton (small form of plants & animals) due to warming of seas. ## Greenhouse Effect - The greenhouse effect is a naturally occurring phenomenon that blankets the earth lower atmosphere and warms it, maintaining the temperature suitable for living things to survive. - Just as greenhouses, that keeps the air warm inside its chamber, water vapor and green house gases warms the Earth. Greenhouse gases play an important role in the balance of Earth's cooling and warming. - According to one estimate, in the absence of naturally occurring green house effect, the average temperature of the earth surface would be -19°C instead of present value of 15°C and the earth would be a frozen lifeless planet. - A greenhouse / glasshouse is a building made of Glass chambers in which plants are grown in cold countries or in cold climate areas. There is a continued increase in temperature in green house even when the outside temperature remained low. It protects plants from frost. - However, human-generated greenhouse emissions upset the natural balance and increase warmth. ## What is the polluter pays principle - The 'polluter pay' principle essentially holds the polluter liable for the pollution caused to the environment. The polluter is liable for every damage caused to the environment. So, according to the 'polluter pay principle', the polluter has to not only compensate the victims of pollution but also compensate for the restoration of environmental degradation caused. The measures to be taken by the polluter for controlling the pollution is decided by public authorities so that the environment is in acceptable state post industry operation. Therefore, the polluter bears the cost of health hazard caused to the public as well as the cost of restoration of the environment. - The polluter pays principle is part of a set of broader principles to guide sustainable development worldwide. The 'polluter pay' principle forms a part of the environmental law of India. ## Environmental Clearance (EC) & Environmental Impact Assessment (EIA) - Above certain threshold limit of development, the project or development has to be got cleared from the regulatory authority so that there is a assessment of environmental issues and whether the measures to protect the environment are taken care of in the proposed development. If anything contrary, as far as environment protection measures are concerned, is found in the proposed development, the regulatory authority directs the project proponent to rectify the same and thereafter grants the environmental clearance. - Environmental Impact Assessment (EIA) is one of the tools available with the planners to achieve the goal of harmonising development activities with the environmental concerns. - EIA integrates the environmental concerns in the developmental activities right at the time of initiating for preparing the feasibility report. In doing so, it can enable the integration of environmental concerns and mitigation measures in project development. EIA can often prevent future liabilities or expensive alterations in project design. - The objective of EIA is to foresee the potential environmental problems that would arise out of a proposed development and address them in the project's planning and design stage. EIA / Environment Management Plan (EMP) should assist planners and government authorities in the decision making process by identifying the key impacts/issues and formulating the mitigation measures. - EIA is a planning tool which is accepted as an integral component of sound decision-making. - Ministry of Environment & Forests (MoE & F) has taken several policy initiatives and enacted environmental and pollution control legislations to prevent indiscriminate exploitation of natural resources and to promote integration of environmental concerns in developmental projects. ## Ministry of Environment and Forests Notification - Notification issued in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986, read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986. - Notification specifies criteria for prior environment clearance in case of various categories of activities. ### Requirements of prior Environmental Clearance(EC):- - The following projects or activities shall require prior environmental clearance from the concerned regulatory authority, which shall hereinafter referred to be as the Central Government in the Ministry of Environment and Forests for matters falling under Category 'A' in the Schedule and at State level the State Environment Impact Assessment Authority (SEIAA) for matters falling under Category 'B' in the said Schedule, and at District level, the District Environment Impact Assessment Authority (DEIAA) for matters falling under Category 'B2’ for mining of minor minerals in the said Schedule, before any construction work, or preparation of land by the project management except for securing the land, is started on the project or activity: - All new projects or activities listed in the Schedule to this notification; - Expansion, modernization or any change in the product mix or raw material mix in existing projects or activities, listed in the Schedule to this notification, resulting in capacity beyond the threshold limits specified for the concerned sector in the said Schedule. ### State Level Environment Impact Assessment Authority. - A State Level Environment Impact Assessment Authority hereinafter referred to as the SEIAA shall be constituted by the Central Government under sub-section (3) of section 3 of the environment (Protection) Act, 1986 comprising of three Members including a Chairman and a Member-Secretary to be nominated by the State Government or the Union Territory Administration concerned. - The Member-Secretary shall be a serving officer of the concerned State Government or Union Territory Administration familiar with environmental laws. - The Chairman shall be an expert in terms of the eligibility criteria given in Appendix VI in one of the specified fields, with sufficient experience in environmental policy or management. - The other Member shall be an expert fulfilling the eligibility criteria given in Appendix VI in one of the specified fields. - The State Government or Union Territory Administration shall forward the names of the Members and the Chairman and the Central Government shall constitute the SEIAA as an authority for the purposes of this notification within thirty days of the date of receipt of the names. - The non-official Member and the Chairman shall have a fixed term of three years (from the date of the publication of the notification by the Central Government constituting the authority.) - Provided that, wherever considered necessary and expedient, the Central Government may extend the term for a further period not exceeding twelve months. - All decisions of the SEIAA shall be taken in a meeting and shall ordinarily be unanimous. - Provided that, in case a decision is taken by majority, the details of views, for and against it, shall be clearly recorded in the minutes and a copy thereof sent to MoEF. ### District Level Environment Impact Assessment Authority - A District Level Environment Impact Assessment Authority hereinafter referred to as the DEIAA shall be constituted by the Central Government under sub-section (3) of section 3 of the Environment (Protection) Act, 1986 comprising of four members including a Chairperson and a Member-Secretary. - The District Magistrate or District Collector shall be the Chairperson of the DEIΑΑ. - The Sub-Divisional Magistrate or Sub-Divisional Officer of the district head quarter of the concerned district of the State shall be the Member-Secretary of the DEIAA. - The other two members of the DEIAA shall be the senior most Divisional Forest Officer and one expert. The expert shall be nominated by the Divisional Commissioner of the Division or Chief Conservator of Forest, as the case may be. The term and qualifications of the expert fulfilling the eligibility criteria are given in Appendix VII to this notification. - The members of the DEIAA who are serving officers of the concerned State Government or the Union Territory Administration shall be ex officio members except the expert member. - The District Level Expert Appraisal Committee hereinafter referred to as the DEAC shall comprise of eleven members, including a Chairman and a Member-Secretary. - The senior most Executive Engineer, Irrigation Department in the district of respective State Governments or Union Territory Administration shall be the Chairperson of the DEAC. - The Assistant Director or Deputy Director of the Department of Mines and Geology or District Mines Officer or Geologist of the district shall be the Member-Secretary of the DEAC in that order. - A representative of the State Pollution Control Board or Committee, senior most Sub-Divisional Officer (Forest) in the district, representative of Remote Sensing Department or Geology Department or State Ground Water Department, one occupational health expert or Medical Officer to be nominated by the District Magistrate or District Collector, Engineer from Zila Parishad, and three expert members to be nominated by the Divisional Commissioner or Chief Conservator of Forest, as the case may be, shall be the other members of the DEAC. The term and qualifications of the experts fulfilling the eligibility criteria are given in Appendix VII to this notification. - The members of the DEAC who are serving officers of the concerned State Government or the Union Territory Administration shall be ex officio members except the expert members. - The District Magistrate or District Collector shall notify an agency to act as Secretariat for the DEIAA and the DEAC and shall provide all financial and logistic support for their statutory functions. - The DEIAA and DEAC shall exercise the powers and follow the procedure as specified in the said notification, as amended from time to time. - The DEAC shall function on the principle of collective responsibility and the Chairman shall endeavor to reach a consensus in each case and if consensus in cannot be reached, the view of the majority shall prevail. ### Categorization of projects and activities. - All projects and activities are broadly categorized into two categories - Category A and Category B, based on the spatial extent of potential impacts and potential impacts on human health and natural and man made resources. - All projects or activities included as Category “A” in the Schedule, including expansion and modernisation of existing projects or activities and change in product mix, shall require prior environmental clearance from the Central Government in the Ministry of Environment and Forests (MoEF) on the recommendations of an Expert Appraisal Committee (EAC) to be constituted by the Central Government for the purposes of this notification. - All projects or activities included as Category “B” in the Schedule, will require prior environmental clearance from the State / Union Territory Environment Impact Assessment Authority (SEIAA). The SEIAA shall base its decision on the recommendations of a State or Union Territory Level Expert Appraisal Committee (SEAC) as to be constituted for in this notification. In the absence of a duly constituted SEIAA or SEAC, a Category "B" project shall be considered at the Central Level as a Category "B" project. - Such Category 'B' projects, relating to the National defence or strategic or security importance or those as notified by the Central Government on account of exigencies such as pandemics, natural disasters or to promote environmentally friendly activities under National Programs or Schemes or Missions or such projects which are inordinately delayed beyond the stipulated timeline as laid down in this notification and also meet the criteria as laid down in this regard from time to time, shall be considered at the Central level as Category “B” projects. - The 'B2' Category projects pertaining to mining of minor mineral of lease area less than or equal to five hectare shall require prior environmental clearance from DEIAA. The DEIAA shall base its decision on the recommendations of DEAC, as constituted for this notification. ### Application for Prior environmental Clearance (CE). - An application seeking prior environmental clearance in all cases shall be made by the project proponent in the prescribed from. ### Stages in the Prior Environmental Clearance (EC) Process- - For new projects or activities listed in the Schedule to this notification; - The environmental clearance process for new projects will comprise of a maximum of four stages, all of which may not apply to particular cases as set forth below in this notification. These four stages in sequential order are:- - Screening (Only for Category "B" projects and activities) - Scoping - Public Consultation - Appraisal - Screening (Only for Category "B" projects and activities). - In a case of Category "B" projects or activities, this stage will entail the scrutiny of an application seeking prior environmental clearance made in determining whether or not the project or activity requires further environmental studies for preparation of an Environmental Impact Assessment (EIA). - Scoping. - "Scoping" refers to the process to determine detailed and comprehensive Terms of Reference (ToR) addressing all relevant environmental concerns for the preparation of an Environmental Impact Assessment and environment Management Report. - Public Consultation. - “Public Consultation” refers to the process by which the concerns of local affected persons and others who have plausible (reasonable) stake in the environmental impacts of the project or activity are ascertained with a view to taking into account all the material concerns in the project. - Appraisal. - Appraisal means the detail scrutiny by the Expert Appraisal Committee or State Level Expert Appraisal Committee of the application. ## Grant or Rejection of Prior Environmental Clearance (EC). - The regulatory authority shall consider the recommendations of the EAC or SEAC or DEAC concerned and convey its decision to the applicant within forty-five days of the receipt of the recommendations of the Expert Appraisal Committee or State Level Expert Appraisal Committee or District Level Expert Appraisal Committee or District Level Expert Appraisal Committee Concerned. ## Validity of Environmental Clearance (EC). - In the case of Area Development projects and Townships, the validity period of ten years shall be limited only to such activities as may be the responsibility of the applicant as a developer. ## Schedule - Building or Construction projects or Area Development projects and Townships as well as for industrial sheds, educational institutions, hospitals and hostels for educations institution. | Project or Activity | Category with threshold limit | Conditions if any | |---|---|---| | 8a Building and Construction projects | ≥20000 sq.mtrs. of built-up area. | Note-1:- The term “built up area" for the purpose of this notification is the built-up or covered areas on all the floors put together including its basement and other service areas, which are proposed in the buildings or construction projects. | | 8b Townships and Area Development projects as well as industrial sheds, educational institutions, hospitals and hostels for educational institutions. | Covering an area ≥ 50 ha and or built up area ≥1,50,000 sq.mtrs. | Note-2:- The projects or activities shall not include industrial sheds, educational institutions, hospitals and hostels for educational institutions. Note-3:- General Conditions shall not apply. A project of Township and Area Development Projects covered under his item shall require an Environment Assessment Report and be appraised as Category 'B1' Project. Note:- General Conditions shall not apply. | | Industrial sheds educational institutions, hospitals and hostels for educational institutions having b-u area 20,000 sqm. upto 50,000 sqm. | | shall be categorised as B2 project. | | B1 | Project shall require Environmental Impact Report. | | | B2 | Project shall require environmental clearance but shall not require Environmental Impact Assessment Report. | | ## Eco sensitive zone :- - Environment (Protection) Act, 1986 does not mention the word "Eco-Sensitive Zones". However, Section 3(2)(v) of the Act, says that Central Government can restrict areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards. Besides, Rule of the Environment (Protection) Rules, 1986 states that central government can prohibit or restrict the location of industries and carrying on certain operations or processes on the basis of considerations like the biological diversity of an area, maximum allowable limits of concentration of pollutants for an area, environmentally compatible land use, and proximity to protected areas. The above two clauses have been effectively used by the Government to declare ESZs or EFAs. (Ecologically Fragile Areas.) - Matheran Eco-sensitive Zone. - Mahableshwar-Pachgani Eco-sensitive Zone. - Dahanu Taluka Ecologically Fragile Area. - Tadoba-Andhari Tiger Reserve and its Eco-sensitive Zone. - Eco-sensitive Zone around Tansa Wildlife Sanctuary. - Eco-sensitive Zone around Tungareshwar Wildlife Sanctuary. ## Matheran Eco-sensitive Zone - Ministry of Environment and Forest, vide notification dated 04/02/2003 had notified Matheran and surrounding region as the Matheran Eco-Sensitive Zone under section 3(2)(v) of Environment Act, 1986. - The said Eco-sensitive Zone covers an area of 214.73 sq km and a 200 mt buffer zone and it consists of the area of the Matheran Municipal Council and its environs and 200 mts buffer zone. - The following activities shall be regulated in the Eco-sensitive Zone namely – ### Zonal Master Plan for the Eco-Sensitive Zone. - The Zonal Master Plan for the Eco-sensitive Zone shall be prepared by the State Government by following a procedure similar to that prescribed under the Maharashtra Regional and Town Planning Act, 1966, within a period of two years from the date of publication of this notification in the Official Gazette and approved by the Ministry of Environment and Forests in the Government of India. The Zonal Master Plan shall provide for restoration of denuded areas, management of catchment areas, watershed management, groundwater management, soil and moisture conservation, provision for fuel wood, needs of local community and such other aspects of the ecology and environment that need attention. - No change of land use from green uses such as orchards, horticulture areas, agriculture, parks and other like places to non-green uses and tribal uses to non-tribal uses shall be permitted in the Zonal Master Plan without the prior approval of the Central Government in the Ministry of Environment and Forests. - The areas within and outside Matheran Municipal Council area shall have separate Sub-zonal Master Plans which may be prepared by the State Government as a component of the Zonal Master Plan and concurrence of the Ministry of Environment and Forests shall be obtained on such Sub-zonal Master Plans. All habitations in the Eco-sensitive Zone having population of more than 5000 should also have Area Development Plans. The Sub-zonal Master Plan shall also include development regulations for gaothan and gaothan expansion areas. - Pending the preparation of and approval by the Ministry of Environment and Forests to the Zonal Master Plan and Sub-zonal Master Plan for Eco-sensitive Zone, there shall be no increase in the existing parameters of permissible Floor Area Ratio, permissible height, maximum number of storeys and ground coverage for buildings in Matheran Municipal limits. - No new constructions shall be allowed but repairs and restoration may be permitted provided that it does not involve structural changes and are on the existing authorised plinth area in the Matheran Municipal limits. ### Industrial units:- - Only non-polluting, non-hazardous small-scale and service industries, agriculture, floriculture, horticulture or agro-based industries producing products from indigenous goods from the Eco-sensitive Zone and which do not cause any adverse environmental impact shall be permitted. ### Quarrying and Mining:- - Quarrying and Mining activities shall be banned in the Eco-sensitive Zone and no fresh mining lease shall be granted. However, the Monitoring Committee shall be the authority to grant special permission for limited quarrying of materials required for the construction of local residential housing and traditional road making and maintenance work in Matheran Municipal Council area based on site evaluation. No quarrying shall be permitted on steep hill slopes or areas with a high degree of erosion or on forestlands. - Explanation:- In this notification, "steep hill slope" means a hill slope with a gradient of 20 degrees or more., ### Trees:- - There shall be no felling of trees whether on Forest, Government, Revenue or private lands, without the prior permission of the State Government in case of forest land, and the respective District Collector in case of Government, Revenue and private land, as per procedure which shall be laid down by the State Government. ### Tourism:- - Tourism activities shall be as per a Tourism Master Plan, with emphasis on eco-tourism, eco-education and eco-development, to be prepared by the Department of Tourism of the State Government in consultation with the Ministry of Tourism of Government of India and approved by the Ministry of Environment and Forests. ### Natural Heritage:- - The sites of valuable natural heritage in the Eco-sensitive Zone shall be identified, particularly rock formations, waterfalls, pools, springs, gorges, groves, caves, points, walks, rides and the like and plants for their conservation in their natural setting shall be incorporated in the Zonal Master Plan and Sub-zonal Master Plan. ### Man-made heritage:- - Buildings, structures, artefacts, areas and precincts of historical, architectural, aesthetical, and cultural significance shall be identified in the Eco-sensitive Zone and plans for their conservation, particularly their exteriors (and wherever deemed appropriate their interiors also) shall be prepared and incorporated in the Zonal and Sub-zonal Master Plan within one year from the date of publication of this notification. ### Ground Water:- - Extraction of ground water for the bona-fide agricultural and domestic consumption of the occupier of the plot is allowed. Extraction of ground water for industrial, commercial or residential complexes shall require prior written permission, including the amount that can be extracted, from the State Ground Water Board ### Use of plastics:- - No person shall use plastic bags within Matheran Municipal Council area. The use of plastics, laminates and tetra-packs within the Eco-sensitive Zone shall be regulated by the Monitoring Committee. ### Protection of Hill Slopes:- - The Zonal Master Plan shall indicate areas on hill slopes where construction shall not be permitted. - No construction on existing steep hill slopes or slopes with a high degree of erosion shall be permitted. ### Discharge of effluents:- - The discharge of any untreated effluent is prohibited within the Eco-Sensitive Zone. - No effluent, either treated or untreated, shall be permitted to be discharged into any water body or water source within the Eco-sensitive Zone. ### Solid Wastes:- - The local authorities shall draw up plans for the segregation of solid wastes into biodegradable and non-biodegradable components. - The biodegradable material may be recycled preferably through composting or vermiculture and the inorganic material may be disposed of at environmentally acceptable locations. - No burning or incineration of solid wastes shall be permitted. - Explanation.- In this notification, "solid wastes" shall include domestic, industrial, commercial and garden wastes.. ### Natural Springs:- - The catchment area of all natural springs shall be identified and plans for their conservation and rejuvenation of those that have run dry in their natural setting shall be incorporated in the Zonal Master Plan. - Strict guidelines shall be drawn up by the State Government to ban development activities at or near these areas. ### Traffic:- - No vehicular traffic shall be permitted within the Matheran Municipal limits, except ambulance and fire engine and use of tractor for transportation of solid waste. ## Monitoring Committee:- - The Central Government hereby constitutes a Committee to be called the Monitoring Committee, to monitor and ensure compliance with the provisions of this notification. - The Monitoring Committee shall consists of not more than ten members. - The Monitoring Committee shall consist of a representative each from the Ministry of Environment and Forests, Central Pollution Control Board, Department of Environment of the Government of Maharashtra, Department of Urban Development of the Government of Maharashtra, subject expert knowledgeable about the Eco-sensitive Zone and at least two representatives of non-government organisations working in the field of environment (including heritage conservation) and the Collector of Raigad District, in the State of Maharashtra and any other persons or persons nominated by the Central Government.