Final Notification Declaring Eco Sensitive Zone Mahatma Gandhi Marine National Park, S.O. No. 2020(E) Andaman and Nicobar

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 1920] NEW DELHI, FRIDAY, APRIL 29, 2022/VAISAKHA 9, 1944 ए 11° 36' 37.586" ई 92° 31' 25.921" पू इ 11° 34' 41.401" ई 92° 37' 31.938" पू ओ 11° 29' 10.229" ई 92° 39' 56.840" पू MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 28th April, 2022 S.O. 2020(E).—WHEREAS, a draft notification was published in the Gazette of India, Extraordinary vide notification of the Government of India in the Ministry of Environment, Forest and Climate Change number S.O 4694 (E), dated the 24 h December, 2020, inviting objections and suggestions from all persons likely to be affected thereby within the 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 Gazette containing the said draft notification were made available to the public on the 24 th December, 2020; AND WHEREAS, objections and suggestions received from persons and stakeholders in response to the aforesaid draft notification were duly considered by the Central Government; AND WHEREAS, the Mahatma Gandhi Marine National Park, Wandoor is a marine protected area and is spread over an area of 281.5 square kilometers in the South Andaman district of Andaman and Nicobar Islands and it comprises of 15 Islands of the Labyrinth group, geographically situated between South-West Coast of South Andaman Island and North-west coasts of Rutland Island; AND WHEREAS, out of the total area of the Mahatma Gandhi Marine National Park, only about 61.5 square kilometer is landmass, which includes 10 large and medium sized Islands (150 ha to 2333 ha), 5 small islands (less than 50 ha) and about 600 ha of 100 meter strip, above high tide line, spanning along the coast of main South Andaman Island and Rutland Island in South Andaman District. The remaining 220 square kilometer comprises of open sea spaces and creeks which act as an important nesting ground for sea turtles. It also provides different kinds of marine habitats such as coral reefs, sea grass beds, terrestrial eco-systems like littoral forest, evergreen forest, semi evergreen forest, deciduous forest etc; AND WHEREAS, Mahatma Gandhi Marine National Park provides ideal feeding and breeding grounds for the sea turtles viz. leatherback turtle (Dermochelys coriacea), green sea turtle (Chelonian mydas), hawksbill turtle (Eretmochlyus imbricate) and olive ridley turtle (Lepidochelys olivacea). The Jahaji beach of Rutland Island, beaches of Twin Islands, Tarmugli and Boat Island are the major turtle nesting ground within the Marine National Park; AND WHEREAS, 19 species of reptiles have been recorded from Mahatma Gandhi Marine National Park, which include 4 species of turtles, 10 species of snakes, 4 species of lizards and a species of salt water crocodile (Crocodylus porosus). The venomous land snakes present in the park are Andaman cobra (Naja sagittifera), king cobra (Ophiophagus hannah), banded krait (Bungarus fasciatus) and pit viper. Inland forest on the islands provides habitat for land snakes such as Andaman king cobra (Ophiophagus hannah), Andaman cobra (Genus Naja), Andaman pit viper (Trimeresurus andersonii), rat snake and wolf snake. Some of the rocky outcrops and tree hollow and rocks in inter-tidal areas, provide resting places for sea kraits (Laticuada laticauda).The sea beaches in the Islands within the Marine National Park and its adjoining vegetation serves as a habitat for several other non-poisonous snakes and sea snakes etc; AND WHEREAS, the species of mammals reported includes Andaman wild pig (Sus scrofa andamanensis), Andaman masked palm civet (Paguma larvata tytler), spotted deer (Axis axis), fruit bats, rats etc; though the large terrestrial mammalian fauna is not well represented here due to the long geographical isolation; AND WHEREAS, the Andaman and Nicobar Islands have been designated as one of the endemic bird areas of the world (Statter field et al, 1998) with about 270 species and sub- species of birds reported so far. The Bird Life International has identified Mahatma Gandhi Marine National Park (IN-AN-11) as one of the 19 sites in Andaman and Nicobar islands as an Important Bird Areas (IBA) and has been assigned the IBA criteria A1 and A2 i.e. for important threatened species and restricted range species. The Islands within Mahatma Gandhi Marine National Park, serves as the viable habitat and breeding ground to many endangered species of birds like white bellied sea eagle (Haliaeetus leucogaster), Andaman dark serpent eagle (Spilornis elgini), brown noddy (Anous stolidus), Andaman teal (Anas albogularis), Andaman wood pigeon (Columba palumboidesc) and other avifauna. During monsoon (May-June), Andaman teals breed in the southern portion Red Skin, Tarmugli Island, South-West of Red Skin Island, North of Pluto, South-east of Boat and South Snob Island; AND WHEREAS, the species of amphibians reported from the area include Saltwater frog (Rana cancrivora), Paddy frog (Rana limnocharis), Andaman paddy frog (Rana limnocharis andamanensis) of Family Ranidae, Boulenger’s narrow mouthed frog (Microphylain ornate) and Indian toad (Bufo melanstictus) of family Microhylidae; AND WHEREAS, the Coral reefs within the boundary of the Marine National Park ranks among the most biologically productive and diverse of all-natural ecosystem and is internationally acclaimed. Healthy colonies of corals are abundantly found in the shallow water around Grub, Red Skin, Jolly Buoy, Boat, Tarmugli Island etc. These coral reefs are the breeding ground of almost all species of fishes found in Mahatma Gandhi Marine National Park; AND WHEREAS, the Marine National Park supports 282 species of fishes belonging to 42 families, which is spread across diverse coral reefs over the shallow shores of all the islands and the most diverse families are Pomacentridae (36 spp.) followed by Chaetodentidae (30spp.) and Labridae (29 spp.); AND WHEREAS, the flora of the Mahatma Gandhi Marine National Park is very rich with about 298 spermatophytic taxa occurring in just 61.5 square kilometer land mass. There are 18 endemic species recorded in the area which includes Semecarpus kurzii (Anacardiaceae), Polyalthia parkinsonii (Annonaceae), Alstonia kurzii, Tabernaemontana crispa (Apocynaceae), Hippocretea andamanica (Celesteraceae), Chailletia andamanica (Chailletiaceae), Garcinia andamanica (Clusiaceae), Actephila puberula (Euphorbiaceae), Derris andamanica, Derris wallichi, Tadehagi triquetrum (Fabaceae), Amoora manii (Meliaceae), Psychotria andamanica Rubiaceae), Manilkara littoralis (Sapotaceae), Vitex diversifolia (Verbenaceae) and Tetrastigma andamanicum (Vitaceae). Six species of trees are rare/threatened viz., Bombax insigne (Bombacaceae), Tadehagi triquetrum (Fabaceae), Amoora manii (Meliaceae), Plecospermum andamanicum (Moraceae), Olax imbricata (Olacaceae) and Pittospermum ferruginium, (Pittosporaceae). The recent discovery of a new species of wild rice, Oryza andamanica from Rutland Island and Saddle Peak area shows that these islands are repository of a greater biodiversity and much of it is still to be discovered. All the four gymnosperms reported from Andaman Islands viz. Cycas rumphii, Podocarpu snerifolia, Gnetum scandens and Nageiawalli chianusare found in the area which is an added attribute for the conservation and protection of the National Park; AND WHEREAS, the Mahatma Gandhi Marine National Park has a considerable area under healthy and intact mangrove forests. 13 species of mangroves are recorded from the park namely Acanthus ilicifolius, Acanthus ebracteatus, Avicennia officinalis, Bruguiera gymnorhiza, Ceriopstagal, Rhizophora apiculata, Rhizophora mucranata, Lumnitzera littorea, Scyphiophora hydrophyllacea, Scyphiophora apetala, Xylocarpus granatum, Xylocarpus moluccensis and Heritiera littoralis. Genus Rhizophorais predominant among the mangrove species is reported from the Marine National Park; AND WHEREAS, the park support the sea grass beds, but very few areas have been explored. The known sea grass beds are from area between Red Skin and Boat Islands, intertidal area of Amdera and Wandoor and sub tidal region of Chester, Grub, Jolly Buoy and Tarmugli Islands. So far, 5 species of sea grasses are recorded in the territorial water of MGMNP, viz. Halophilia ovata, Halodule pinofolia, Thalassia hemprichi, Cymodocea serrulata and Enhalus acoroides; AND WHEREAS, it is necessary to conserve and protect the area, the extent and boundaries of Mahatma Gandhi Marine National Park 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), 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 with an extent of 0 (zero) to 100 meters around the boundary of the Mahatma Gandhi Marine National Park in South Andaman District in the Union territory of Andaman and Nicobar Islands as Mahatma Gandhi Marine National Park Eco-sensitive Zone (here after 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 100 meters around the boundary of Mahatma Gandhi Marine National Park and the area of the Eco-sensitive zone shall be of 4.05 square kilometres. Zero extent is at places where the boundary of Mahatma Gandhi Marine National Park adjoins another Marine Wildlife Sanctuary viz. Lohabarrack Crocodile Sanctuary on the north western side followed by boundary of revenue villages at northern and eastern boundary and where the boundary ends in the sea front. (2) The extent and boundary description of Mahatma Gandhi Marine National Park Eco-sensitive Zone is appended as Annexure-I. (3) Map of Eco-sensitive Zone of Mahatma Gandhi Marine National Park along with geo-coordinates, satellite image and location maps are appended as Annexure-IIA, Annexure-IIB and Annexure-IIC. (4) List of geo-coordinates of the boundary of the Eco-sensitive zone of Mahatma Gandhi Marine National Park is appended as Annexure-III. (5) No revenue villages are located within the Eco-sensitive Zone. 2. Zonal Master Plan for Eco-Sensitive Zone. - (1) The Union territory 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 in the Union territory Government. (2) The Zonal Master Plan for the Eco-sensitive Zone shall be prepared by the Union territory Government in such manner as is specified in this notification and also in consonance with the relevant Central and Union territory 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 Union territory Government, for integrating the ecological and environmental considerations into the said plan, namely:- (i) Environment and Forests; (ii) Agriculture; (iii) Animal Husbandry; (iv) Andaman Public Works Department; (v) Revenue; (vi) Fisheries; (vii) Rural Development; (viii) Andaman and Lakshadweep Harbour Works (ALHW) and other research organisations. (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, green area, such as, parks and it’s 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. (10) Pending approval of the Zonal Master Plan and any new developmental activities shall be governed by provisions as specified in sub-paragraphs (3) and (4) of paragraph 6. 3. Measures to be taken by the Union Territory Government.- The Union territory 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 Union territory 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 in paragraph 4; Provided further that no use of tribal land shall be permitted for commercial and industrial development activities without the prior approval of the competent authority under Regional Town Planning Act and other rules and regulations of the Union territory Government and without compliance of the provisions of article 244 of the Constitution or any other law for the time being in force, including the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of Provided also that any error appearing in the land records within the Eco-sensitive Zone shall be corrected by the Union territory 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 Union territory 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 Tourism Master Plan shall be prepared by the Union territory Department of Tourism in consultation with the Union territory 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 kilometer 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 kilometer 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 the 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, artifacts, 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 carried out 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 carried out in accordance with the provisions of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and the rules made there under. (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 there under or standards stipulated by the Union territory Government, whichever is more stringent. (9) Solid wastes.- Disposal and Management of solid wastes shall be as under:- (a) the solid waste disposal and management in the Eco-sensitive Zone shall be carried out in accordance with the Solid Waste Management Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number S.O. 1357 (E), dated the 8 th April, 2016; the inorganic material may be disposed in an environmental acceptable manner at site identified outside the Eco-sensitive Zone; (b) safe and Environmentally Sound Management of Solid wastes in conformity with the existing rules and regulations using identified technologies may be allowed within Eco-sensitive Zone. (10) Bio-Medical Waste.– Bio-Medical Waste Management shall be as under:- (i) the Bio-Medical Waste disposal in the Eco-sensitive Zone shall be carried out in accordance with the Bio-Medical Waste Management Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number G.S.R. 343 (E), dated the 28 th March, (ii) safe and Environmentally Sound Management of Bio-Medical Wastes in conformity with the existing rules and regulations using identified technologies may be allowed within the Eco-sensitive Zone. (11) Plastic waste management.- The plastic waste management in the Eco-sensitive Zone shall be carried out as per the provisions of the Plastic Waste Management Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number G.S.R. 340(E), dated the th March, 2016, as amended from time to time. (12) Construction and demolition waste management.- The construction and demolition waste management in the Eco-sensitive Zone shall be carried out as per the provisions of the Construction and Demolition Waste Management Rules, 2016 published by the Government of India in the Ministry of Environment, Forest and Climate Change vide notification number G.S.R. 317(E), dated the 29 th March, 2016, as amended from time to time. (13) E-waste.- The e - waste management in the Eco-sensitive Zone shall be carried out as per the provisions of the E-Waste Management Rules, 2016, published by the Government of India in the Ministry of Environment, Forest and Climate Change, as amended from time to time. (14) Vehicular traffic.– The vehicular movement of traffic shall be regulated in a habitat friendly manner and specific provisions in this regard shall be incorporated in the Zonal Master Plan and till such time as the Zonal Master plan is prepared and approved by the competent authority in the Union territory Government, the Monitoring Committee shall monitor compliance of vehicular movement under the relevant Acts and the rules and regulations made thereunder. (15) Vehicular pollution.- Prevention and control of vehicular pollution shall be incompliance with applicable laws and efforts shall be made for use of cleaner fuels. (16) Industrial units.– (a) On or after the publication of this notification in the Official Gazette, no new polluting industries shall be permitted to be set up within the Eco-sensitive Zone. (b) Only non-polluting industries shall be allowed within Eco-sensitive Zone as per the classification of Industries in the guidelines issued by the Central Pollution Control Board in February, 2016, as amended from time to time, unless so specified in this notification, and in addition, the non- polluting cottage industries shall be promoted. (17) Protection of hill slopes.- The protection of hill slopes shall be as under:- (a) the Zonal Master Plan shall indicate areas on hill slopes where no construction shall be permitted; (b) construction on existing steep hill slopes or slopes with a high degree of erosion shall not be permitted. 4. List of activities prohibited or to be regulated within Eco-sensitive Zone.- All activities in the Eco-sensitive Zone shall be governed by the provisions of the Environment Act and the rules made there under including the Coastal Regulation Zone, 2011 and the Environmental Impact Assessment notification, 2006 and other applicable laws including the Forest (Conservation) Act, 1980 (69 of 1980), the Indian Forest Act, 1927 (16 of 1927), the Wildlife (Protection) Act 1972 (53 of 1972), and amendments made thereto and be regulated in the manner specified in the Table below, namely:- TABLE S. No. Activity Description A. Prohibited Activities 1. Commercial mining, stone quarrying and crushing units. (a) All new and existing mining (minor and major minerals), stone quarrying and crushing units shall be prohibited with immediate effect except for meeting the domestic needs of bona fide local residents including digging of earth for construction or repair of houses within Eco-Sensitive Zone; (b) The mining operations shall be carried out in accordance with the orders of the Hon’ble Supreme Court dated the 4 th August, 2006 in the matter of T.N. Godavarman Thirumulpad Vs. Union of India in W.P.(C) No.202 of 1995 and dated the 21 st April, 2014 in the matter of Goa Foundation Vs. Union of India in W.P.(C) No.435 of 2012. 2. Setting of industries causing pollution (Water, Air, Soil, Noise, etc.). New industries and expansion of existing polluting industries in the Eco-sensitive Zone shall not be permitted: Provided that, non-polluting industries shall be allowed within Eco- Sensitive Zone as per classification of Industries in the guidelines issued by the Central Pollution Control Board in February, 2016, as amended from time to time, unless so specified in this notification and in addition, the non-polluting cottage industries shall be promoted. 3. Establishment of major hydroelectric project. Prohibited. 4. Use or production or processing of any hazardous substance. Prohibited. 5. Discharge of untreated effluents in natural water bodies or land area. Prohibited. 6. Setting up of new saw mills. New or expansion of existing saw mills shall not be permitted within the Eco-sensitive Zone. 7. Setting up of brick kilns. Prohibited. 8. Establishment of new oil, gas and mineral exploration. Prohibited. 9. Commercial establishment of hotels and resorts. No new commercial hotels and resorts shall be permitted within one kilometer of the boundary of the Protected Area or upto the extent of Eco-sensitive zone, whichever is nearer, except for small temporary structures for Eco-tourism activities: Provided that, beyond one kilometer from the boundary of the protected Area or upto the extent of Eco-sensitive Zone whichever is nearer, all new tourist activities or expansion of existing activities shall be in conformity with the Tourism Master Plan and guidelines as applicable. 10. Construction activities. (a) New commercial construction of any kind shall not be permitted within one kilometer from the boundary of the Protected Area or upto extent of the Eco-sensitive Zone whichever is nearer: Provided that, local people shall be permitted to undertake construction in their land for their use including the activities listed in sub-paragraph (1) of paragraph 3 as per building bye- laws to meet the residential needs of the local residents: Provided that the construction activity related to small scale industries not causing pollution shall be regulated and kept at the minimum, with the prior permission from the competent authority as per applicable rules and regulations, if any. (b) Beyond one kilometer it shall be regulated as per the Zonal Master Plan. 11. Small scale non-polluting industries. Non polluting industries as per classification of industries issued by the Central Pollution Control Board in February, 2016, as amended form time to time and non-hazardous, small-scale and service industry, agriculture, floriculture, horticulture or agro-based industry producing products from indigenous materials from the Eco-sensitive Zone shall be permitted by the competent Authority. 12. Felling of trees. (a) There shall be no felling of trees in the forest or Government or revenue or private lands without prior permission of the competent authority in the Union territory Government. (b) The felling of trees shall be regulated in accordance with the provisions of the concerned Central or Union territory Acts for the time being in force and the rules made there under. 13. Collection of Forest Produce or Regulated under applicable laws. 14. Erection of electrical and communication towers and laying of cables and other infrastructures. Regulated under applicable laws of underground cabling may be promoted. 15. Infrastructure including civic amenities. Taking measures of mitigation, as per applicable laws, rules and regulation and available guidelines. 16. Widening and strengthening of existing roads and construction of new roads. Taking measures of mitigation, as per applicable laws, rules and regulation and available guidelines. 17. Undertaking other activities related to tourism like over flying over the Eco-sensitive Zone area by hot air balloon, helicopter, drones, Microlites, etc. Regulated as per the applicable laws. 18. Protection of Hill Slopes and river banks. Regulated as per the applicable laws. 19. Movement of vehicular traffic at night. Regulated for commercial purpose under applicable laws. 20. Ongoing agriculture and horticulture practices by local communities along with dairies, dairy farming, aquaculture and fisheries. Permitted as per the applicable laws for use of locals. 21. Discharge of treated waste water/effluents in natural water bodies or land area. The discharge of treated waste water or effluents shall be avoided to enter into the water bodies and efforts shall be made for recycle and reuse of treated waste water. Otherwise the discharge of treated waste water/effluent shall be regulated as per the applicable laws. 22. Commercial extraction of surface and ground water. Regulated under applicable laws. 23. Establishment of large-scale commercial livestock and poultry farms by firms, corporate and companies. Regulated as per applicable laws except for meeting local needs. 24. Open Well, Bore Well, etc. for agriculture or other usage. Regulated and the activity should be strictly monitored by the appropriate authority. 25. Solid Waste Management. Regulated as per the applicable laws. 26. Introduction of Exotic species. Regulated as per the applicable laws. 27. Eco-tourism. Regulated as per the applicable laws. 28. Use of polythene bags. Use of polythene bags are permitted within the Eco-sensitive Zone: Provided that, based on specific requirement, it shall be regulated as per the applicable laws. 29. Commercial Sign boards and hoardings. Regulated as per the applicable laws. 30. Rain water harvesting. Shall be actively promoted. 31. Organic farming. Shall be actively promoted. 32. Adoption of green technology for Shall be actively promoted. all activities. 33. Cottage industries including village artisans, etc. Shall be actively promoted. 34. Use of renewable energy and fuels. Bio-gas, solar light etc. shall be actively promoted. 35. Agro-Forestry. Shall be actively promoted. 36. Plantation of Horticulture and Herbals. Shall be actively promoted. 37. Use of eco-friendly transport. Shall be actively promoted. 38. Skill Development. Shall be actively promoted. 39. Restoration of Degraded Land/ Forests/ Habitat. Shall be actively promoted. 40. Environmental Awareness. Shall be actively promoted. 5. Monitoring Committee.- For effective monitoring of the provisions of this notification under sub-section (3) of section 3 of the Environment (Protection) Act, 1986, the Central Government hereby constitutes a Monitoring Committee, comprising of the following, namely: - S. No. Constituent of the Monitoring Committee Designation 1. Deputy Commissioner, South Andaman. Chairman; 2. Chairperson, Zilla Parishad, South Andaman and Nicobar. Member; 3. Chief Engineer or his representative, Andaman Public Works Department, Andaman and Nicobar Island Administration. Member; 4. Director, Agriculture or his representative, Andaman and Nicobar Island Administration. Member; 5. Director, Tourism or his representative, Andaman and Nicobar Island Administration. Member; 6. Director, Fisheries or his representative, Andaman and Nicobar Island Administration. Member; 7. Director, Animal Husbandry & Veterinary Science or his representative, Andaman and Nicobar Island Administration. Member; 8. One Representative of Non-Governmental Organization working in the field of environment (including heritage conservation) to be nominated by the Union territory Government. Member; 9. One expert on environment or ecology or wildlife from a reputed Institution to be nominated by the State Government. Member; 10. One member of the Union territory Biodiversity Board or Council. Member; 11. Divisional Forest Officer, South Andaman Division. Member; 12. Deputy Conservator of Forests, Wildlife, Port Blair. Member-Secretary. 6. Terms of Reference. – (1) The Monitoring Committee shall monitor the compliance of the provisions of this notification. (2) The tenure of the Monitoring committee shall be till further orders, provided that the non-official members of the Committee shall be nominated by the Union territory Government from time to time. (3) The activities that are covered in the Schedule to the notification of the Government of India in the erstwhile Ministry of Environment and Forests number S.O. 1533 (E), dated the 14 th September, 2006, and are falling in the Eco-sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4 thereof, shall be scrutinised by the Monitoring Committee based on the actual site-specific conditions and referred to the Central Government in the Ministry of Environment, Forest and Climate Change for prior environmental clearances under the provisions of the said notification. (4) The activities that are not covered in the Schedule to the notification of the Government of India in the erstwhile Ministry of Environment and Forests number S.O. 1533 (E), dated the 14 th September, 2006 and are falling in the Eco-sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4 thereof, shall be scrutinised by the Monitoring Committee based on the actual site-specific conditions and referred to the concerned regulatory authorities. (5) The Member-Secretary of the Monitoring Committee or the concerned Deputy Commissioner shall be competent to file complaints under section 19 of the Environment Act against any person who contravenes the provisions of this notification. (6) The Monitoring Committee may invite representatives or experts from concerned Departments, representatives from industry associations or concerned stakeholders to assist in its deliberations depending on the requirements on issue to issue basis. (7) The Monitoring Committee shall submit the annual action taken report of its activities as on the 31 st March of every year by the 30 th June of that year to the Chief Wildlife Warden in the Union territory as per proforma given in Annexure IV. (8) The Central Government in the Ministry of Environment, Forest and Climate Change may give such directions, as it deems fit, to the Monitoring Committee for effective discharge of its functions. 7. Additional Measures.- The Central Government and Union territory Government may specify additional measures, if any, for giving effect to provisions of this notification. 8. Orders of Courts and Tribunals.- The provisions of this notification are subject to the orders, if any passed or to be passed by the Hon’ble Supreme Court of India or the High Court or the National Green Tribunal. TANMAY KUMAR, Addl. Secy. ANNEXURE I THE EXTENT AND BOUNDARY DESCRIPTION OF MAHATMA GANDHI MARINE NATIONAL PARK ECO-SENSITIVE ZONE NORTH: The Eco-sensitive Zone (ESZ) boundary of Mahatma Gandhi Marine National Park starts from Geo- reference point “B”11° 35' 14.818" N and 92° 36' 52.944" E from the Northern tip of the National Park boundary along the revenue village of Wandoor meeting at Geo-reference point “C”11° 35' 15.937" N and 92° 37' 7.070" E which meets Forest boundary of Wandoor PF IV block where the ESZ boundary travels 100 mtr into forest areas and proceeds further towards East along the coast till it meets Geo-reference point “D” 11° 34' 36.552" N and 92° 37' 34.545" E and it follows the revenue village boundary from point “E” 11° 34' 41.401" N and 92° 37' 31.938" E and again enters into Wandoor PF IV from geo referenced points “F” till it meets point “G” at Wandoor revenue at 11° 34' 49.736" N and 92° 37' 37.365" E. thence the boundary follows the revenue boundary till it meets point “H” 11° 35' 7.094" N and 92° 38' 9.969" E where it meets Mangultan Port Mout RF I from where the ESZ boundary travels 100 mtr into RF and travels south till it meets point “I” 11° 34' 42.259" N and 92° 38' 16.225" E which meet revenue village boundary of Indra Nagar. EAST: The Eastern boundary of the Eco sensitive zone starts from Geo-reference point “I” and moves south along the revenue village boundary of Indranagar, Manglutan, Guptapara and Manjeri till it meets point “J” 11° 32' 8.918" N and 92° 38' 50.355" E at Chidiyatpau RF I. Thence the boundary moves 100 mtr into RF from existing boundary of National park and travels along the coast till it meets point “K” 11° 30' 22.417" N and 92° 40' 25.131" E and reaches up to a Point “L” 11° 30' 20.475" N and 92° 40' 22.469" E which is the eastern most boundary of the National Park. Thence the boundary crosses through the Mac Pherson Strait through an imaginary line till it meets the point “M” 11° 29' 26.576" N and 92° 39' 52.536" E and moves 100mtr south east to meet point “N” 11° 29' 27.662" N and 92° 39' 56.901" E at Rutland RF. The boundary of ESZ travels west to meet Point “O” 11° 29' 10.229" N and 92° 39' 56.840" E at Rutland revenue village (Puranadera), from where the ESZ boundary follows regular boundary of National Park till it meets point “P” 11° 29' 26.918" N and 92° 39' 1.744" E, from where the boundary moves south west towards point “Q” 11° 29' 42.302" N and 92° 38' 34.369" E which meets at second revenue village settlement of Rutland where ESZ follow regular boundary of Mahatma Gandhi Marine National Park till it reaches point “R” 11° From point “R” the ESZ boundary runs south wards along the coast of Mahatma Gandhi Marine National Park with 100 mtr landwards from existing boundary of National Park till it reaches point “S” 11° 22' 7.441" N and 92° 34' 59.099" E. SOUTH: The Southern boundary of the Eco sensitive Zone runs across the sea shore from Point “S” of Rutland Island towards North- West Geo-reference point “T” 11° 22' 8.851" N and 92° 34' 56.127" E from this point the ESZ follows existing boundary of Mahatma Gandhi Marine National Park and reaches through imaginary line to the south western boundary of the park at point “U” 11° 22' 31.669" N and 92° 31' 30.346" E. WEST: The Western boundary of Eco Sensitive Zone of the Mahatma Gandhi Marine National Park runs from geo reference point “U” along the boundary of Marine National Park to meet point “A”11° 36' 37.586" N and 92° 31' 25.921" Eat North western tip over Tarmugli Island and turns East ward to meet point “B” at Northern tip of Alexandra Island. ECO-SENSITIVE ZONE MAP OF MAHATMA GANDHI MARINE NATIONAL PARK ALONG WITH GEO-COORDINATES SATELLITE IMAGE OF MAHATMA GANDHI MARINE NATIONAL PARK AND ITS ECO-SENSITIVE ZONE LOCATION MAP OF MAHATMA GANDHI MARINE NATIONAL PARK ANNEXURE - III GEO-COORDINATES OF PROMINENT LOCATIONS ALONG THE BOUNDARY OF ECO-SENSITIVE ZONE OF MAHATMA GANDHI MARINE NATIONAL PARK SHOWN ON MAP Point Latitude Longitude A 11° 36' 37.586" N 92° 31' 25.921" E B 11° 35' 14.818" N 92° 36' 52.944" E C 11° 35' 15.937" N 92° 37' 7.070" E D 11° 34' 36.552" N 92° 37' 34.545" E E 11° 34' 41.401" N 92° 37' 31.938" E F 11° 34' 55.092" N 92° 37' 34.458" E G 11° 34' 49.736" N 92° 37' 37.365" E H 11° 35' 7.094" N 92° 38' 9.969" E I 11° 34' 42.259" N 92° 38' 16.225" E J 11° 32' 8.918" N 92° 38' 50.355" E K 11° 30' 22.417" N 92° 40' 25.131" E L 11° 30' 20.475" N 92° 40' 22.469" E M 11° 29' 26.576" N 92° 39' 52.536" E N 11° 29' 27.662" N 92° 39' 56.901" E O 11° 29' 10.229" N 92° 39' 56.840" E P 11° 29' 26.918" N 92° 39' 1.744" E Q 11° 29' 42.302" N 92° 38' 34.369" E R 11° 29' 58.790" N 92° 38' 30.422" E S 11° 22' 7.441" N 92° 34' 59.099" E T 11° 22' 8.851" N 92° 34' 56.127" E U 11° 22' 31.669" N 92° 31' 30.346" E ANNEXURE - IV Proforma of Action Taken Report: - Eco-sensitive Zone Monitoring Committee. - 1. Number and date of meetings. 2. Minutes of the meetings: (mention noteworthy points. Attach minutes of the meeting as separate annexure). 3. Status of preparation of Zonal Master Plan including Tourism Master Plan. 4. Summary of cases dealt with 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 the Environment Impact Assessment notification, 2006. (Details may be attached as separate Annexure) 6. Summary of cases scrutinized for activities not covered under the Environment Impact Assessment notification, 2006. (Details may be attached as separate Annexure) 7. Summary of complaints lodged under section 19 of the Environment (Protection) Act, 1986: 8. Any other matter of importance: and Published by the Controller of Publications, Delhi-110054. MANOJ KUMAR VERMA