Final Notification Declaring Eco Sensitive Zone S.O.No. 1924(E), Barail Wildlife Sanctuary, Assam

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 1831] NEW DELHI, MONDAY, APRIL 25, 2022/VAISAKHA 5, 1944 1 92° 52' 36.494" प ू 25° 5' 2.012" ई 76 92° 27' 55.638" पू 25° 0' 32.771" ई 2 92° 53' 8.792" प ू 25° 4' 42.736" ई 77 92° 28' 4.944" पू 25° 0' 53.762" ई 3 92° 53' 25.796" प ू 25° 4' 11.199" ई 78 92° 27' 25.103" पू 25° 1' 1.606" ई 4 92° 53' 22.324" प ू 25° 3' 36.205" ई 79 92° 26' 46.110" पू 25° 0' 37.842" ई 5 92° 52' 59.806" प ू 25° 3' 7.679" ई 80 92° 26' 9.859" पू 25° 0' 25.834" ई 6 92° 52' 55.195" प ू 25° 2' 35.101" ई 81 92° 25' 32.166" पू 25° 0' 30.823" ई 7 92° 53' 15.572" प ू 25° 2' 6.206" ई 82 92° 25' 33.749" पू 25° 1' 6.598" ई 8 92° 53' 29.881" प ू 25° 1' 33.471" ई 83 92° 25' 37.675" पू 25° 1' 31.338" ई 9 92° 53' 29.134" प ू 25° 0' 58.091" ई 84 92° 25' 43.997" पू 25° 1' 48.068" ई 10 92° 53' 30.771" प ू 25° 0' 23.851" ई 85 92° 26' 8.796" पू 25° 2' 6.954" ई 11 92° 53' 25.037" प ू 24° 59' 49.032" ई 86 92° 26' 19.531" पू 25° 2' 30.403" ई 12 92° 53' 5.387" प ू 24° 59' 18.756" ई 87 92° 26' 40.117" पू 25° 2' 39.976" ई 13 92° 53' 3.907" प ू 24° 58' 45.309" ई 88 92° 27' 10.126" पू 25° 2' 22.498" ई 14 92° 52' 56.020" प ू 24° 58' 10.671" ई 89 92° 27' 46.327" पू 25° 2' 11.322" ई 15 92° 52' 41.651" प ू 24° 57' 37.742" ई 90 92° 27' 45.819" पू 25° 2' 39.117" ई 16 92° 52' 14.279" प ू 24° 57' 12.998" ई 91 92° 27' 25.048" पू 25° 2' 47.751" ई 17 92° 51' 37.015" प ू 24° 57' 3.113" ई 92 92° 27' 28.238" पू 25° 3' 14.578" ई 18 92° 50' 58.940" प ू 24° 56' 55.499" ई 93 92° 27' 47.208" पू 25° 3' 30.176" ई 19 92° 50' 20.854" प ू 24° 57' 0.856" ई 94 92° 28' 2.951" पू 25° 3' 59.265" ई 20 92° 49' 50.054" प ू 24° 57' 22.305" ई 95 92° 28' 12.912" पू 25° 4' 23.675" ई 21 92° 49' 12.146" प ू 24° 57' 25.883" ई 96 92° 28' 24.232" पू 25° 4' 52.730" ई 22 92° 48' 38.965" प ू 24° 57' 43.551" ई 97 92° 28' 48.003" पू 25° 5' 19.475" ई 23 92° 48' 0.534" प ू 24° 57' 39.443" ई 98 92° 28' 47.001" पू 25° 5' 53.586" ई 24 92° 47' 21.895" प ू 24° 57' 36.729" ई 99 92° 28' 49.357" पू 25° 6' 28.548" ई 25 92° 46' 43.596" प ू 24° 57' 34.334" ई 100 92° 29' 23.829" पू 25° 6' 30.282" ई 26 92° 46' 4.803" प ू 24° 57' 33.555" ई 101 92° 30' 0.007" पू 25° 6' 29.812" ई 27 92° 45' 27.423" प ू 24° 57' 41.195" ई 102 92° 30' 35.019" पू 25° 6' 16.625" ई 28 92° 45' 46.603" प ू 24° 58' 8.537" ई 103 92° 31' 12.428" पू 25° 6' 21.087" ई 29 92° 45' 23.668" प ू 24° 59' 2.527" ई 104 92° 31' 44.497" पू 25° 6' 6.968" ई 30 92° 45' 14.741" प ू 24° 59' 4.976" ई 105 92° 32' 20.447" पू 25° 5' 56.518" ई 31 92° 45' 3.061" प ू 24° 59' 18.541" ई 106 92° 32' 5.614" पू 25° 6' 27.267" ई 32 92° 44' 44.276" प ू 24° 59' 32.038" ई 107 92° 31' 43.301" पू 25° 6' 55.658" ई 33 92° 44' 27.340" प ू 24° 59' 40.413" ई 108 92° 31' 27.517" पू 25° 7' 25.644" ई 34 92° 44' 38.013" प ू 24° 59' 58.342" ई 109 92° 32' 4.944" पू 25° 7' 15.835" ई 35 92° 44' 47.980" प ू 25° 0' 9.136" ई 110 92° 32' 42.294" पू 25° 7' 19.103" ई 36 92° 44' 51.882" प ू 25° 0' 25.316" ई 111 92° 33' 21.258" पू 25° 7' 19.665" ई 37 92° 45' 13.615" प ू 25° 0' 37.617" ई 112 92° 33' 58.802" पू 25° 7' 10.746" ई 38 92° 44' 56.565" प ू 25° 0' 43.941" ई 113 92° 34' 35.798" पू 25° 7' 21.672" ई 39 92° 44' 13.767" प ू 25° 0' 31.680" ई 114 92° 35' 11.623" पू 25° 7' 32.394" ई 40 92° 43' 46.943" प ू 25° 1' 5.416" ई 115 92° 35' 48.208" पू 25° 7' 43.606" ई 41 92° 43' 17.664" प ू 25° 1' 17.889" ई 116 92° 36' 26.995" पू 25° 7' 40.993" ई 42 92° 42' 40.997" प ू 25° 1' 18.928" ई 117 92° 37' 2.146" पू 25° 7' 30.644" ई 43 92° 42' 2.362" पू 25° 1' 19.652" ई 118 92° 37' 32.932" पू 25° 7' 50.176" ई 44 92° 41' 29.234" प ू 25° 1' 37.743" ई 119 92° 38' 7.573" पू 25° 8' 6.111" ई 45 92° 41' 7.763" पू 25° 2' 6.535" ई 120 92° 38' 46.415" पू 25° 8' 9.058" ई 46 92° 40' 33.364" प ू 25° 2' 6.943" ई 121 92° 39' 24.591" पू 25° 8' 2.415" ई 47 92° 39' 59.118" प ू 25° 1' 50.053" ई 122 92° 39' 59.581" पू 25° 7' 47.013" ई 48 92° 39' 31.196" प ू 25° 1' 27.344" ई 123 92° 40' 36.055" पू 25° 7' 53.240" ई 49 92° 39' 0.142" पू 25° 1' 6.780" ई 124 92° 41' 14.706" पू 25° 7' 56.339" ई 50 92° 38' 47.197" प ू 25° 0' 33.358" ई 125 92° 41' 51.260" पू 25° 7' 53.604" ई 51 92° 38' 20.299" प ू 25° 0' 8.061" ई 126 92° 42' 28.373" पू 25° 8' 4.263" ई 52 92° 37' 43.348" प ू 24° 59' 57.798" ई 127 92° 42' 33.874" पू 25° 8' 38.596" ई 53 92° 36' 47.973" प ू 25° 0' 9.067" ई 128 92° 42' 46.806" पू 25° 9' 11.802" ई 54 92° 37' 7.761" पू 25° 0' 9.793" ई 129 92° 43' 16.369" पू 25° 9' 34.435" ई 55 92° 37' 14.070" प ू 25° 0' 34.279" ई 130 92° 43' 54.497" पू 25° 9' 40.175" ई 56 92° 37' 6.727" पू 25° 0' 36.774" ई 131 92° 44' 30.617" पू 25° 9' 27.783" ई 57 92° 36' 53.661" प ू 25° 0' 12.418" ई 132 92° 45' 6.073" पू 25° 9' 24.510" ई 58 92° 36' 15.937" प ू 25° 0' 19.032" ई 133 92° 45' 43.832" पू 25° 9' 17.019" ई 59 92° 35' 39.661" प ू 25° 0' 31.732" ई 134 92° 46' 12.894" पू 25° 8' 53.779" ई 60 92° 35' 6.692" पू 25° 0' 50.400" ई 135 92° 46' 30.329" पू 25° 8' 22.183" ई 61 92° 34' 39.797" प ू 25° 1' 13.790" ई 136 92° 46' 46.919" पू 25° 7' 50.366" ई 62 92° 34' 13.246" प ू 25° 0' 48.335" ई 137 92° 47' 6.783" पू 25° 7' 19.919" ई 63 92° 33' 38.287" प ू 25° 0' 33.544" ई 138 92° 47' 12.059" पू 25° 6' 44.985" ई 64 92° 33' 1.680" पू 25° 0' 22.266" ई 139 92° 47' 3.693" पू 25° 6' 10.628" ई 65 92° 32' 23.732" प ू 25° 0' 15.179" ई 140 92° 47' 39.396" पू 25° 6' 7.490" ई 66 92° 31' 44.823" प ू 25° 0' 15.833" ई 141 92° 48' 17.352" पू 25° 6' 0.581" ई 67 92° 30' 46.097" प ू 25° 0' 52.365" ई 142 92° 48' 40.105" पू 25° 5' 44.923" ई 68 92° 31' 5.141" पू 25° 1' 24.051" ई 143 92° 48' 5.994" पू 25° 5' 29.238" ई 69 92° 31' 2.780" पू 25° 1' 28.344" ई 144 92° 48' 48.355" पू 25° 5' 8.464" ई 70 92° 30' 40.834" प ू 25° 0' 58.514" ई 145 92° 49' 10.392" पू 25° 5' 31.664" ई 71 92° 30' 35.137" प ू 25° 1' 6.428" ई 146 92° 49' 32.006" पू 25° 5' 42.032" ई 72 92° 29' 59.312" प ू 25° 0' 22.815" ई 147 92° 50' 14.485" पू 25° 5' 13.263" ई 73 92° 29' 23.780" प ू 25° 0' 9.163" ई 148 92° 50' 42.554" पू 25° 4' 49.403" ई 74 92° 28' 44.892" प ू 25° 0' 9.740" ई 149 92° 51' 20.239" पू 25° 4' 58.125" ई 75 92° 27' 45.539" प ू 25° 0' 22.020" ई 150 92° 51' 57.942" पू 25° 5' 6.062" ई MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 25th April, 2022 S.O. 1924(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 4064 (E), dated the 1 st October, 2021, 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 4 th October, 2021; 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 Barail Wildlife Sanctuary situated in the Barail Hill Range on the transitional zone between Indian sub-region and Indo-Chinese sub region in Cachar District and Dima Hasao Districts of the State of Assam located 25 kilometre away from Silchar town and surrounded by tea gardens from the Southern side; AND WHEREAS, the Barail Wildlife Sanctuary situated in Cachar District of State of Assam consists of the Barail Reserve Forest (Notified as Reserve Forest in vide No. 2337 R dated the 16 th June, 1902 with an area of 89.7975 square kilometres) and the North Cachar Reserve Forest (Notified as Reserved Forest vide No. 5412 R dated the 15 th December, 1915 with an area of 239.905 square kilometres) and located within the geographical limits of 24°58' N to 25°5' N latitudes and 92°46' to 92°52' E and is spread over an area of 326.255 square kilometres notified vide Government of Assam Notification No. FRW.11/2004/25 dated the 19 th June, 2004 as Wildlife Sanctuary; AND WHEREAS, the Barail Wildlife Sanctuary falls in the North East hills (9B) of the Northeast India Biogeography Zone (9) and the Sanctuary lies on the transitional zone between India sub-region and Indo-Chinese sub region of oriental origin, and according to Champion and Seth classification the forest type falls under 1BC 3-Cachar Tropical Semi evergreen, Wet evergreen Cane Brakes (1BC3E1), Maacarango Mallotus Trema association (1/2S1), Moist Bamboo Brakes (2/2S1), Tropical Hill Valley Swamp Forests (I /S2) and Baringtonia Swamp forests (SS2); AND WHEREAS, the floral biodiversity of Barail Wildlife Sanctuary comprises of eighty one species of trees and eight species of bamboo and several species of herbs and shrubs. Some of the flora species available in the Barail Wildlife Sanctuary areAquilaria agallocha (agar), Spondias mangeferae (amora), Vitex species (awal), Elcocaprue gloribundus (jalpai), Sapium baccatum (bella), Alstonia scholaris (chatim), Hibiscus macrophullus (chamia), Artocarpus lakoocha (dewa), Dipterocarpus turbunatus (garjan), Terminalia chebula (hartaki), Barintonia acutangula (hizal), Sterculia alata (jangli badam), Podocarpus nerifolia (jinari), Garugo pinnata (kayengla), Artocarpus integrifolia (katal), Flacourtia cataphractu (lukuki), Albizzia spp. (moroi), Cynometra polyandra (ping), Amora wallilchii (rata), Albizzia procera (siris), Lophophetalum fimbriautum (sutrong), etc; AND WHEREAS, the Barail Wildlife Sanctuary is the only protected area in the Barak valley of the State of Assam with rich biodiversity and habitat for wildlife and supports among other nineteen species of mammals, eight species of primates, two hundred fifty species of avifauna, twenty three species of amphibians and forty three species of reptiles which are globally rare, vulnerable, and endangered species. Major fauna recorded from the Barail Wildlife Sanctuary are Manis pentadactyla (Chinese pangolin), Pteropus giganteus (flying fox), Nyctichus coucang (slow loris), Macaca arctoides (stump tailed macaque), Macaca nemestrina (pig tailed macaque), Macaca assamensis (Assamese macaque), Macana mulatta (Rhesus macaque), Presbytis pileatus (capped langur), Holybates hoolock (Hoolock gibbon), Ursus thibetanus (Asiatic black bear), Arctonix collaris (hog badger), Felis chaus (jungle cat), F. bengalensis (leopard cat), F. viverrinus (fishing cat), F. marmorata (marbled cat), F. tenminchi (golden cat), Neoefelis nebulosa (clouded leopard), Panthera pardus (leopard), Sus scrofa (wild pig), Capricornis sumatraensis (serow), Ratufa bicolour (Malayan giant squirrel), Callosciurus pygerythrus (Irrawaddy or Himalayan horny-bellied squirrel), Rhizomys pruinosus (hoary bamboo cat), Hystrex brachyuran (crestless Himalayan porcupine), Rousettas usehenaulti (fruit bat), Mus booduya (field mouse), Blandus blandfordi (wood rat), Viverra zibetha (indian civet), Cervus unicotor (sambar), Cannomys badius (bamboo rat), Talpa micrura (mole), Cervus porcinus (hog deer), Nemorhaacdus spp. (the ghoral), Canis auvenus (jackal), Lutra lutra (common otter), etc; AND WHEREAS, the Barail Wildlife Sanctuary has immense research, recreational and educational values and increase in biotic pressure in the fringe areas may affect the habitat of the Sanctuary; AND WHEREAS, it is necessary to conserve and protect the area, the extent and boundaries of Barail Wildlife Sanctuary which are specified in the above paragraphs 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 to an extent varying from 0 (zero) to 3 kilometres around the boundary of Barail Wildlife Sanctuary, in Cachar District in the State of Assam as the Barail Wildlife Sanctuary Eco-sensitive Zone (hereafter in this notification referred to as the Eco-sensitive Zone) details of which are as under, namely: - 1. Extent and boundaries of the Eco-sensitive Zone. – (1)The Eco-sensitive Zone shall be to an extent of 0 (zero) to 3 kilometres around the boundary of Barail Wildlife Sanctuary and the area of the Eco- sensitive Zone is 596.311 square kilometres. The key justification for limiting the Eco-Sensitive Zone to zero extent from the protected area is due to interstate boundary with the State of Meghalaya in the western side of the protected area. Further, there is presence and prospecting of oil and natural gas in the immediate vicinity of the protected area boundary, in view of which a set of measures for safe oil and natural gas exploration and drilling have been prescribed at the Annexure V. (2) The boundary description of Barail Wildlife Sanctuary and its Eco-sensitive Zone is appended in (3) The maps of the Barail Wildlife Sanctuary demarcating the Eco-sensitive Zone along with boundary details and latitudes and longitudes are appended as Annexure-IIA and Annexure-IIB. (4) Lists of geo-coordinates of the boundary of Barail Wildlife Sanctuary and the Eco-sensitive Zone are given in Table A andTable B of Annexure-III. (5) The list of villages falling in the Eco-sensitive Zone along with their geo co-ordinates at prominent points is appended as Annexure-IV. 2. Zonal Master Plan for Eco-sensitive Zone.-(1) The State Government shall, for the purposes of the Eco-sensitive Zone prepare a Zonal Master Plan within a period of two years from the date of publication of this notification in the Official Gazette, in consultation with regional residents and adhering to the stipulations given in this notification for approval the Competent authority in the State Government. (2) The Zonal Master Plan for the Eco-sensitive Zone shall be prepared by the State Government in such manner as is specified in this notification and also in consonance with the relevant Central and State laws and the guidelines issued by the Central Government, if any. (3) The Zonal Master Plan shall be prepared in consultation with the following Departments of the State Government, for integrating the ecological and environmental considerations into the said plan:- (ii) Tourism; (iii) Agriculture; (iv) Horticulture; (v) Municipal; (vi) Revenue; (vii) Public Works Department; (viii) Urban Development; (x) Water Resources, Irrigation and Flood Control; (xi) Panchayati Raj; and (xii) Assam State Pollution Control Board. (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 provide mechanism for regulating developmental activities 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 by the State Government 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, any new developmental activities shall be governed by provisions specified at sub-paragraphs (3) and (4) of paragraph 6. 3. Measures to be taken by the State Government.-The State Government shall take the following measures for giving effect to the provisions of this notification, namely:- (1) Land use.– (a) Forests, horticulture areas, agricultural areas, parks and open spaces earmarked for recreational purposes in the Eco-sensitive Zone shall not be used or converted into areas for commercial or residential or industrial activities: Provided that the conversion of agricultural and other lands, for the purposes other than that specified at part (a) above, within the Eco-sensitive Zone may be permitted on the recommendation of the Monitoring Committee, and with the prior approval of the competent authority under Assam Town and Country Planning Act, 1959 (Act 02 of 1959) and other rules and regulations of the Central Government orthe State Government as applicable and vide provisions of this Notification, to meet the residential needs of the local residents and for activities such as:- (i) widening and strengthening of existing roads and construction of new roads; (ii) construction and renovation of infrastructure and civic amenities; (iii) small scale industries not causing pollution; (iv) cottage industries including village industries; convenience stores and local amenities supporting eco-tourism including home stay; and (v) promoted activities given under paragraph 4: Provided further that no use of tribal land shall be permitted for commercial and industrial development activities without the prior approval of the competent authority under Assam Town and Country Planning Act, 1959 (Act 02 of 1959)and other rules and regulations of the State Government and without compliance of the provisions of Article 244 of the Constitution or any law for the time being in force, including the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007): Provided also that any error appearing in the land records within the Eco-sensitive Zone shall be corrected by the State Government, after obtaining the views of Monitoring Committee, once in each case and the correction of said error shall be intimated to the Central Government in the Ministry of Environment, Forest and Climate Change: Provided also that the correction of error shall not include change of land use in any case except as provided under this sub-paragraph; (b) efforts shall be made to reforest the unused or unproductive agricultural areas with afforestation and habitat restoration activities. (2) Natural water bodies.-The catchment areas of all natural springs shall be identified and plans for their conservation and rejuvenation shall be incorporated in the Zonal Master Plan and the guidelines shall be drawn up by the State Government in such a manner as to prohibit development activities at or near these areas which are detrimental to such areas. (3) Tourism and Eco-tourism.- (a) All new eco-tourism activities or expansion of existing tourism activities within the Eco-sensitive Zone shall be as per the Tourism Master Plan for the Eco- sensitive Zone; (b) the Eco-Tourism Master Plan shall be prepared by the Department of Tourism in consultation with the Departments of Environment and Forests; (c) the Tourism Master Plan shall form a component of the Zonal Master Plan; (d) the Tourism Master Plan shall be drawn based on the study of carrying capacity of the Eco- sensitive Zone; (e) The activities of eco-tourism shall be regulated as under, namely:- (i) new construction of hotels and resorts shall not be allowed within one kilometre from the boundary of the protected area or upto the extent of the Eco-sensitive Zone whichever is nearer: Provided that beyond the distance of one kilometre from the boundary of the protected area till the extent of the Eco-sensitive Zone, the establishment of new hotels and resorts shall be allowed only in pre-defined and designated areas for eco-tourism facilities as per Tourism Master Plan; (ii) all new tourism activities or expansion of existing tourism activities within the Eco- sensitive Zone shall be in accordance with the guidelines issued by the Central Government in the Ministry of Environment, Forest and Climate Change and the eco- tourism guidelines issued by National Tiger Conservation Authority (as amended from time to time) with emphasis on eco-tourism, eco-education and eco-development; (iii) until the Zonal Master Plan is approved, development for tourism and expansion of existing tourism activities shall be permitted by the concerned regulatory authorities based on the actual site specific scrutiny and recommendation of the Monitoring Committee and no new hotel, resort or commercial establishment construction shall be permitted within Eco-sensitive Zone area. (4) Natural heritage.- All sites of valuable natural heritage in the Eco-sensitive Zone, such as the gene pool reserve areas, rock formations, waterfalls, springs, gorges, groves, caves, points, walks, rides, cliffs, etc. shall be identified and a heritage conservation plan shall be drawn up for their preservation and conservation as a part of the Zonal Master Plan. (5) Man-made heritage sites.- Buildings, structures, artefacts, areas and precincts of historical, architectural, aesthetic, and cultural significance shall be identified in the Eco-sensitive Zone and heritage conservation plan for their conservation shall be prepared as part of the Zonal Master Plan. (6) Noise pollution. -Prevention and control of noise pollution in the Eco-sensitive Zone shall be complied in accordance with the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 under the Environment Act. (7) Air pollution.- Prevention and control of air pollution in the Eco-sensitive Zone shall be compiled in accordance with the provisions of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and the rules made thereunder. (8) Discharge of effluents.- Discharge of treated effluent in the Eco-sensitive Zone shall be in accordance with the provisions of the General Standards for Discharge of Environmental Pollutants covered under the Environment Act and the rules made thereunder or standards stipulated by the State 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 the Eco-sensitive Zone. (10) Bio-Medical Waste.– Bio-Medical Waste Management shall be as under:- (a) 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, 2016. (b) 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 18 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 State 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 be regulated in the manner specified in the Table below, namely:- TABLE Sl. No. Activity Description A. Prohibited Activities 1. Commercial mining, stone quarrying, soil excavation, 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 the Eco-sensitive Zone; (b) The mining operations shall be carried out in accordance with the order of the Hon'ble Supreme Court dated the 4th August, 2006 in the matter of T.N. Godavarman Thirumulpad Vs. UOI in W.P.(C) No.202 of 1995 and dated the 21st April, 2014 in the matter of Goa Foundation Vs. UOI in W.P.(C) No.435 of 2. Setting up of new saw mills, veneer mills or other wood based industries. New or expansion of existing saw mills shall not be permitted within the Eco-sensitive Zone. 3. 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 the 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. 4. Commercial use of firewood. Prohibited. 5. Establishment of major hydro- electric project. Prohibited. 6. Use of polythene bags. Prohibited. 7. Discharge of untreated effluents in natural water bodies or land area. Prohibited. 8. Use or production or processing of any hazardous substances. Prohibited. 9. Setting up of brick kilns. Prohibited. B. Regulated 10. 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 State Government. (b) The felling of trees shall be regulated in accordance with the provisions of the concerned Central or State Act and the rules made thereunder. 11. 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. 12. Undertaking other activities related to tourism like flying over the Eco-sensitive Zone area by hot air balloon, helicopter, drones, microlites, etc. Regulated as per the applicable laws. 13. 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 mentioned in sub- paragraph (1) of paragraph 3 as per building bye-laws to meet the residential needs of the local residents: Provided further 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. 14. Commercial extraction of surface and ground water. Regulated as per the applicable laws. 15. Erection of electrical and communication towers and laying of cables and other infrastructures. Regulated under applicable laws (underground cabling may be promoted). 16. Widening and strengthening of existing roads and construction of new roads. Taking measures of mitigation as per the applicable laws and available guidelines. 17. Movement of vehicular traffic at night. Regulated for commercial purpose under applicable laws. 18. Introduction of exotic species. Regulated as per the applicable laws. 19. Protection of hill slopes and river banks. Regulated as per the applicable laws. 20. Commercial sign boards and hoardings. Regulated as per the applicable laws. 21. Discharge of treated waste water or 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 or effluent shall be regulated as per the applicable laws. 22. 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 from 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. 23. Collection of Forest produce or Regulated as per the applicable laws. 24. Security Forces Camp or Army establishment. Regulated as per the applicable laws. 25. Solid waste management. Regulated as per the applicable laws. 26. Eco-tourism. Regulated as per the applicable laws. 27. Infrastructure including civic amenities. Taking measures of mitigation as per the applicable laws, rules and regulations available guidelines. 28. Establishment of large-scale commercial livestock and poultry farms by firms, corporate and companies. Regulated (except otherwise provided) as per the applicable laws except for meeting local needs. 29. Open Well, Borewell, etc. for agriculture and other usages. Regulated as per the applicable laws. 30. Eco-friendly cottages for temporary occupation of tourists such as tents, wooden houses, etc. for eco-friendly tourism activities. Regulated as per the applicable laws. 31. Change of agriculture system. Regulated as per the applicable laws. 32. Fencing of existing premises of hotels and lodges. Regulated as per the applicable laws. 33. Fishing in rivers and natural water bodies. Regulated as per the applicable laws. 34. Ongoing agriculture and horticulture practices by local communities along with dairies, dairy farming, aquaculture and fisheries. Permitted as per the applicable laws. 35. Rain water harvesting. Shall be actively promoted. 36. Organic farming. Shall be actively promoted. 37. Adoption of green technology for all activities. Shall be actively promoted. 38. Use of renewable energy and fuels. Bio-gas, solar light, etc. shall be actively promoted. 39. Agro-Forestry. Shall be actively promoted. 40. Plantation of Horticulture and Herbals. Shall be actively promoted. 41. Use of eco-friendly transport. Shall be actively promoted. 42. Skill Development. Shall be actively promoted. 43. Restoration of degraded land or forests or habitat. Shall be actively promoted. 44. Environmental awareness. Shall be actively promoted. 5. Monitoring Committee for Monitoring the Eco-sensitive Zone Notification.- For effective monitoring of the provisions of this notification, the Central Government hereby constitutes a Monitoring Committee, under the provisions of sub-section (3) of section 3 of the Environment (Protection) Act, 1986, comprising of the following, namely:- Sl. No. Constituent of the Monitoring Committee Designation (i) The Deputy Commissioner, Cachar Chairman, ex officio; (ii) Representative of Principal Secretary(N), North Cachar Hills Autonomous Council, Haflong Member; (iii) The Divisional Forest Officer, Karimganj Division Member, ex officio; (iv) The Division of Forest Officer, Dima Hasao(West) Forest Division (v) The Regional Executive Engineer, Regional office, Pollution Control Board, Silchar (vi) The Deputy Chief Engineer, N.F. Railways, Silchar Member, ex officio; (vii) The Executive Engineer, N.H. Division, Silchar Member, ex officio; (viii) The District Transportation Officer, Cachar Member, ex officio; (ix) The District Agriculture Officer, Cachar Member, ex officio; (x) The District Veterinary Officer, Cachar Member, ex officio; (xi) The District Fisheries Development Officer, Cachar Member, ex officio; (xii) The General Manager, DICC, Cachar Member, ex officio; (xiii) One expert in the area of ecology and environment to be nominated by the State Government Member; (xiv) One representative of Non-Governmental Organisation (working in the field of environment and heritage conservation) to be nominated by the State Government Member; (xv) The Divisional Forest Officer, Cachar Division ex officio. 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 State 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 Forest 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(s) 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 State as per proforma appended at Annexure VI. (8) The Central Government 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 the State Government may specify additional measures, if any, for giving effect to provisions of this notification. 8.Orders of Supreme Court, etc.-The provisions of this notification shall be 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 BOUNDARY DESCRIPTION OF ECO-SENSITIVE ZONE AROUND BARAIL WILDLIFE SANCTUARY IN THE STATE OF ASSAM East: The eastern boundary of the ESZ boundary start from GPS Point No.1 (92° 52' 36.494" E, 25° 5' 2.012" N), From GPS Point No. 1 the boundary runs towards south crossing GPS Point No. 2 (92° 53' 8.792" E 25° 4' 42.736" N) to 15 (92° 52' 41.651" E 24° 57' 37.742" N) and meets GPS Point No. 16(92° 52' 14.279" E, 24° 57' 12.998" N). South: From GPS Point No. 16 the boundary runs towards east crossing GPS Point No. 17 (92° 51' 37.015" 45'27.423" E, 24° 57' 41.195" N). From GPS Point No. 27 the boundary runs towards north crossing GPS Point No. 28 and meets GPS Point No. 29 (92° 45' 23.668" E, 24° 59' 2.527" N). From GPS Point No. 29 the boundary runs towards north along the National Highway crossing GPS Point No. Point No.37(92° 45' 13.615" E, 25° 0' 37.617" N). From GPS Point No. 37 the boundary runs towards east crossing the Jatinga River and meets GPS Point No. 38 (92° 44' 56.565" E, 25° 0' 43.941" N). From GPS Point No. 38 the boundary runs towards south along the NF Railway and meets GPS Point No. 39 (92° 44' 13.767" E, 25° 0' 31.680" N). From GPS Point No. 39 the boundary runs towards east crossing GPS Point No. 40 (92° 43' 46.943" E 25° 1' 5.416" N) to 52 (92° 37' From GPS Point No. 53the boundary runs towards north along the Larang River crossing GPS Point No. 54 and meets GPS Point No.55 (92° 37' 14.070" E, 25° 0' 34.279" N). From GPS Point No.55 the boundary runs towards west crossing Larang River and meets GPS Point No. 56 (92° 37' 6.727" E, 25° 0' 36.774" N). From GPS Point No. 56 the boundary runs towards south along the Larang river and meets GPS point No. 57 (92° 36' 53.661" E, 25° 0' 12.418" N). From GPS Point No. 57 the boundary runs towards west crossing GPS Point No. 58 (92° 36' 15.937" E 25° 0' 19.032" N) to 66 (92° 31' 44.823" E 25° 0'15.833" N) and meets GPS Point No. 67 (92° 30' 46.097" E, 25° 0' 52.365" N). From GPS Point No.67 the boundary runs towards north along the Gumra River and meets GPS Point No. 68 (92° 31' 5.141" E, 25° 1' 24.051" N). From GPS Point No. 68 the boundary runs towards west crossing Gumra River and meets GPS point No. 69 (92° 31' 2.780" E, 25° 1' 28.344" N). From GPS point No. 69 the boundary runs towards south along the Gumra River and meets GPS Point No. 70 (92° 30' 40.834" E, 25° 0' 58.514" N). From GPS Point No. 70 the boundary runs towards west crossing GPS Point No. 71 (92° 30' 35.137" E 25° 1' 6.428" N) to 74 (92° 28' 44.892" Point No. 75 the boundary runs towards north along the river crossing GPS Point No. 76 and meets GPS Point No. 77 (92° 28' 4.944" E, 25° 0' 53.762" N). From GPS Point No. 77 the boundary run towards west crossing GPS Point No. 78 (92° 27' 25.103" E 25° 1' 1.606" N) to 80 (92° 26' 9.859" E West: From GPS Point No. 81 the boundary runs towards north and meets GPS Point No. 82 (92° 25' 33.749" E, 25° 1' 6.598" N) which is located at Wildlife Sanctuary boundary. From GPS point No. 82 the boundary runs towards north along the Wildlife Sanctuary boundary crossing GPS Point No. Point No. 99 (92° 28' 49.357" E, 25° 6' 28.548" N). North: From GPS Point No. 99 the boundary runs towards east long the Wildlife Sanctuary boundary crossing GPS Point No. 100 (92° 29' 23.829" E 25° 6' 30.282" N) to GPS No. 104 (92° 31' 44.497" E 25° 6'6.968" N) and meets GPS Point No. 105 (92° 32' 20.447" E, 25° 5' 56.518" N). From GPS Point No.105 the boundary runs towards north crossing GPS Point No. 106 (92° 32' 5.614" E 25° 6' 27.267" NAND 107 (92° 31' 43.301" E 25° 6' 55.658" N) and meets GPS Point No. 108 (92° 31' 27.517" E, 25°7' 25.644" N). From GPS Point No. 108 the boundary runs towards east crossing GPS Point No. 109 (92° 32' 4.944" E 25° 7' 15.835" N) to 141(92° 48' 17.352" E 25° 6' 0.581" N) and meets GPS Point142 (92° 48' 40.105" E, 25° 5' 44.923" N). From GPS Point No. 142 the boundary runs towards south along the NF Railway and meets GPS Point No. 143 (92° 48' 5.994" E, 25° 5' 29.238" N). From GPS Point No. 143 the boundary run towards east crossing GPS Point No. 144 Annexure- IIA GOOGLE MAP OF ECO-SENSITIVE ZONE OF BARAIL WILDLIFE SANCTUARY ALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATIONS Annexure- IIB MAP OF ECO-SENSITIVE ZONE OF BARAIL WILDLIFE SANCTUARY ALONG WITH LATITUDE AND LONGITUDE OF PROMINENT LOCATIONS ON SURVEY OF INDIA (SOI) TOPOSHEET TABLE A: GEO- COORDINATES OF PROMINENT LOCATIONS OFBARAIL WILDLIFE SANCTUARY TABLE B: GEO-COORDINATES OF PROMINENT LOCATIONS OF ECO-SENSITIVE ZONE GPS point Longitude Latitude GPS point Longitude Latitude LIST OF VILLAGES COMING UNDER ECO-SENSITIVE ZONE OF BARAIL WILDLIFE SANCTUARY ALONG WITH GEO-COORDINATES Sl.No. Name of the village/Tea Garden Latitude Longitude MEASURES FOR SAFE OIL AND NATURAL GAS EXPLORATION AND DRILLING IN AND AROUND ECO-SENSITIVE ZONE GUIDELINES FOR USER AGENCIES 1. Biodiversity Impact Assessment study to be conducted around the Protected Area, the notified Eco-sensitive Zone area, and any area falling in Indo-Burma Biodiversity Hotspot and Notified Indian Bird Area(IBA) in the 10 kilometers vicinity of the Protected Area. The study has to be undertaken through agencies of repute to safe guard the environment and the wildlife habitats around the Protected Area, covering important flora and fauna, terrestrial as well as aquatic and also covering flagship species such as Gangetic dolphin, Asiatic elephant, Rhino, tiger, leopard, Asiatic wild buffalo, Eastern swamp deer, etc. 2. Operating well plinths in the vicinity of the National Park and Wildlife Sanctuaries are to be covered with 10 feet high barricade around them and ‘Safety Zone’ to be created at radius of 7.5 metres from the barricade by providing Chain link fencing or Power fencing and indigenous fruit trees and other local forest species to be planted in the said area, in order to prevent injuries to wildlife. 3. Rights of forest dwellers to be protected as prescribed under Scheduled Tribes and Other Traditional Forest Dwellers(Recognition of Forest Rights) Act, 2006 (Act of 2006) or Forest Rights Act, 2006(Act of 2006). 4. Oil India Limited or Oil and Natural Gas Corporation or other such user agencies have to conduct Oil Spill Risk Assessment for all onshore facilities around the National Park and Wildlife Sanctuary and plan for necessary modification of existing facilities or installation of new facilities which are found to be potentially hazard to Oil spills. 5. Supervisory Control and Data Acquisition Systems to be installed for leak detection of the Pipeline facilities and all other required cases including installation of facilities like pressure sensors, remote controlled motorised valves and remote shut off facilities for pumps etc. 6. Oil India Limited or Oil and Natural Gas Corporation or other such user agencies to submit a copy of approved Standard Operating Procedure for restricting oil spillage contingency plan and mitigation measures for arrest the same. 7. Appropriate measures to be adopted to restrict impacts on surroundings due to accidental oil spillages including restoration of site to its normalcy with Bio-remediation technology/others, as per approved Standard Operating Procedure. 8. Operation personnel are to be trained adequately for effective handling of oil spill incidents as per guidelines specified in standard operating procedure. 9. Erection of Blow Prevention System during drilling phase and valves in Production facilities to be ensured in order to avoid environmental damages due to accident/other incidents. 10. An emergency shutdown system should be in place in all facilities to initiate automatic shutdown actions. 11. Gas flaring has to be minimized and best international practices to be adopted for flaring of gases which are un-avoidable. 12. Oil India Limited or Oil and Natural Gas Corporation or other such user agencies have to comply with all stipulated conditions as framed under Environment Impact Assessment Notification, 2006 (Act of 2006), Forest (Conservation) Act, 1980 (Act of 1980), Wildlife (Protection) Act, 1972 (Act of 1972) and the Assam Forest Regulation,1891(Act of 1891). 13. Oil India Limited or Oil and Natural Gas Corporation or other such user agencies have to strictly comply with the conditions stipulated in Air (Prevention and Control of Pollution) Act, 1981(Act 14 of 1986) and the Water (Prevention and Control of Pollution) Act, 1974(Act 06 of 14. Precautionary measures to be taken to avoid contamination of surface water. 15. Noise levels for the sensitive areas to be restricted to limit as prescribed by the State Pollution Control Board. 16. Fire Fighting arrangement are to be kept standby on 24x7 basis to meet the eventualities in case so arises. 17. Regular interaction to be established with local rangers or Divisional Forest Officers for day to day Exploration & Production activities around the area. 18. The directions of the local Monitoring Committee of the notified Eco-sensitive Zone shall be adhered to. 19. All expenses in the implementation of these Guidelines to be borne by the Oil India Limited or Oil and Natural Gas Corporation or other such user agencies. Annexure –VI Performa 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 scrutinised for activities covered under the Environment Impact Assessment Notification, 2006 (Details may be attached as separate Annexure). 6. Summary of cases scrutinised 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