NOTIFICATION under Section 3(2) (v) of Environment (Protection) Act, 1986 and Rule 5(3) (d) of Environment (Protection) Rules, 1986, Restricting location of industries, mining operations and other development activities in the Doon Valley in Uttar Pradesh.
S.O. No. 102(E).-Whereas notification under sub-rule (33 of rule 5 of the Environment (Protection) Rules, 1986, inviting objections against the imposition of restriction on location of industries, mining operation and other developmental activities in the Doon Valley in Uttar Pradesh was published vide No. S.O. 92,3(E), dated the 6th October, 1988;
And Whereas all objections received have been duly considered by the Central Government; Now, therefore, in exercise of the powers conferred by clause (d) of sub-rule (3) of Rule 5 of the said rules, the Central Government hereby imposes restrictions on the following activities in Doon Valley, bounded on the North by Mussorie ridge, in the North-East by Lesset Himalayan range, on the South-West by Shivalik ranges, river Ganga in the South-East and river Yamuna in the North-West, except those activities which are permitted by the Central Government for examining the environmental impacts.
(i) Location, setting of industrial units-It has to he as per guidelines, given in the annexure or guidelines as may be issued from time to time by the Ministry of Environment & Forests, Government of India.
(ii) Mining-Approval of the Union Ministry of Environment & Forests must be obtained before starting any mining activity.
(iii) Tourism-It should as per Tourism Development Plan (TDP), to be prepared by the State Department of Tourism and duly approved by the Union Ministry of Environment & Forests.
(iv) Grazing-As per the plan to be prepared by the State Government and duly approved by the Union Ministry of Environment & Forests.
(v) Land Use-As per Master Plan of development and Land Use Plan of the entire area, to be prepared by the State Government and approved by the Union Ministry of Environment & Forests.
[No. J-20012/38/86-1A]
K. P. GEETHAKRISHNAN, Secy.
Industries will be classified under Green, Orange and Red Categories, as shown below for purposes of permitting/restricting such industrial units in the Doon Valley from the environmental and ecological considerations:
A. LIST OF INDUSTRIES IN APPROVED INDUSTRIAL AREAS WHICH MAY BE DIRECTLY CGNSIDERED FOR ISSUE OF NO OBJECTION CERTIFICATE WITHOIJT REFERRING TE (MINISTRY OF ENVIRONMENT & FORESTS) (IN CASE OF DOUBTS REFERENCE WILL BE MADE TO MINISTRY OF ENVIRONMENT & FORESTS).
Industries not satisfying any one of the three criteria are recommended to be referred to Ministry of Environment & Forests.
The following industries appear to fall in non-hazardous, non-obnoxius and non-polluting category, subject to fulfillment of above three conditions:
1. Atta-chakkies
2. Rice Mullors
3. Iceboxes
4. Dal mills
5. Groundnut decortinating (dry)
6. Chilling
7. Tailoring and garment making
8. Apparl making
9. Colton and woollen Hosiery
10. Hand loom weaving
11. Shoe lace manufacturing
12. Gold and silver thread and sari work
13. Gold and silver smithy
14. Leather foot wear and leather products excluding tanning & hide processing
15. Manufacture of mirror from sheet glass and photo-frame
16. Musical instruments manufacturing
17. Sports goods
18. Bamboo and cane products (only dry operations)
19. Card Board and paper products (Paper & pulp manufacture excluded)
20. Insulation and other coated papers (Paper & pulp manufacture excluded)
21. Scientific and Mathematical instruments
22. Furniture (Wooden and Steel)
23. Assembly of domestic electrical Appliances
24. Radio assembling
25. Fountain pens
26. Polythene, plastic and P.V.C. goods through extrusion/moulding
27. Surgical gauges and bandages
28. Railway sleepers (only concrete)
29. Colton spinning and weiving
30. Rope (cotton and plastic)
31. Carpet weaving
32. Assembly of Air coolers
33. Wires, pipes-extruded shapes from metals
34. Automobile servicing & repair stations
35. Assembly of Bicycles, baby carriages and other small non-motorized vehicles
36. Electronics equipment (assembly)
37. Toys
38. Candles
39. Carpentary-excluded saw mill
40. Cold storage (small scale)
41. Restaurants
42. Oil-ginning/expelling (non-hydrogenation and no refining)
43. Ice cream
44. Mineralized water
45. Jobbing & Machining
46. Manufacture of Steel units & suit cases
47. Paper pins & U-clips
48. Block making for printing
49. Optical frames
B. LIST OF INDUSTRIES THAT CAN BE PERMI1TED IN THE DOON VALLEY WITH PROPER ENVIRONMENTAL CONTROL ARRANGEMENT.
The following industries with adoption of proven pollution control technology subject to fulfilling the above three condition fall under this category:
1. Lime manufacture-pending decision on proven pollution control device and Supreme Court's decision on quarring;
2. Ceramics;
3. Sanitaryware;
4. Tyres and tubes;
5. Refuse incineration (controlled);
6. Flour-mills;
7. Vegetable oils including solvent extracted oils;
8. Soap without steam boiling process and synthetic detergents formulation;
9. Steam generating plants;
10. Manufacture of office and house-hold equipment and appliances involving use of fossil fuel combustion;
11. Manufacture of machineries and machine tools and equipments;
12. Industrial gases (only) Nitrogen, Oxygen and (CO2);
13. Miscellaneous glassware without involving use of fossil-fuel combustion;
14. Opticalglass;
15. Laboratory ware;
16. Petroleum storage & transfer facilities;
17. Surgical and medical products including & probabilities of latex products;
18. Foot-wear(Rubber);
19. Bakery products, Biscuits & Confectioners;
20. Instant tea/coffee; coffee processing;
21. Malted food;
22. Manufacture of power driven pumps, compressors refrigeration units, fire fighting equipment etc.;
23. Wire drawing (cold process) & bailing straps;
24. Steel furniture, fasteners etc.;
25. Plastic processed goods;
26. Medical & surgical instruments;
27. Acetylene (synthetic);
28. Glue & Gelatine;
29. Potassium permanganse;
30. Metalic sodium;
31. Photographic films, papers & photographic chemicals,
32. Surface coating industries;
33. Fragrances, fragours & food additives;
34. Plant nutrients (only manure);
35. Aerated water/soft drink.;
Note:-
C. LIST OF INDUSTRIES THAT CANNOT BE PERMITED IN THE DOON VALLEY
The following Industries appear to fall under this category covered by all the points as above:
NOTIFICATION UNDER SECTION 6(2)(D) OF THE ENVIRONMENT (PROTECI ION) ACT, 1986, READ WITH RULE 13 OF THE ENVIRONMENT (PROTECI ION) RULES, 1986 FOR THE PROHIBITION AND RESTRICTION ON THE HANDLING OF HAZARDOUS SUBSTANCE IN DIFFERENT CASES.
S.O. 108(E).-Whereas a notification under clause (iii) of sub-rule (2) of rule 13 of the Environment (Protection), Rules, 1986, inviting objections from the concerned quarters within a period of sixty days from the date of publication of the said notification, against government's intention for the imposition of prohibition on benzidine-based dyes and its salts, was published in the Ministry of Environment and Forests, S.O. No. 881 (E), dated the 31st October, 1989.
And whereas no objection was received within the said period of sixty days;
Now, therefore, in exercise of the powers conferred by clause (iv) of sub-rule (2) of rule 13 of the said rules, the Central Government hereby prohibits and restricts the use of benzidine-based dyes and its salts in the dying and colour processing industries all dyes and dye-intermediates containing benzidine and its derivatives shall be prohibited for "handling". The use of benzidine- based dyes, also called as benzidine-azo dyes, shall be required to be discontinued within three years from the date of issue of this notification.
Notification under section 3(2) (v) of the Environment (Protection) Act, 1986 and rule 5(3) (a) of the Environment (Protection) Rules, 1986 prohibiting storage of chemicals in Antop Hill in Bombay.
S.O. 136 (E).-Whereas a notification under sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 (Herein after referred to as the said rules) inviting objections against the imposition of prohibition on storage of chemicals in Anlop Hill in Bombay was published vide S.O. 852(E), dated the 7lh September, 1988;
And whereas an order under-, clause (d) of sub-rule (3) of rule 5 of the said rules could not be issued within 120 days of the notification under clause (a) of sub-rule (3) of rule 5 of the said rules because of the matter being subjudice under Writ Petition 12179/85, namely, M.C. Mehta v/s Union of India and Others in the Supreme Court of India and Writ Petition 3381 of 1987 in the Bombay High Court;.
And whereas the Honourable Supreme Court in its order dated 5-12-1989 directed the Government of India in the Ministry of Environment and Forests to consider objection received in response to the notification No. S.O. 852(E) dated the 7lh September, 1988 and take decision without haying any objection in respect of the fact that the matter is pending in that Court;
And whereas 138 objections were received which included 133 against and 5 for the prohibition;
And whereas 5 representations received in support of prohibition included suggestions by M/s Mount Steward Tea Estate, Bombay to develop Antop Hil1 Warehousing area into a semi wholesale Kirana Market and not for storage of hazardous chemicals. The Save Bombay Committee cities inappropriates of the complex in densely populated area and warned against the consequences of hazards in ease of explosion or accident. The Institution of Industrial Managers India, the members of the Cooperative Housing Society Ltd. of the Bank of India and the Bombay Environmental Action Group have expressed the same views. However, the Save Bombay Committee have no objection to the storing of non-hazardous chemicals;
And whereas of the 133 representations against the prohibition the institutional ones are from--
The rest of the representation against the prohibition were by individual traders who have booked offices or godown space in the warehouse complex. The representations from the traders are similar in nature and cite financial loss and need for storage spaces as the basis for opposing the notification. The main thrust of the views of the Government of Maharashtra and the Municipal Corporation of the Greater Bombay is that no environment pollution is likely by the storing of non-hazardous chemicals at Antop Hill Warehousing Company Ltd. (AHWC) complex such chemicals do not generate noxious gases or liquids in any manner injurious to environment. It is also emphasised the instrumentation conditions have been envisaged for storage of chemicals and the licence granted by the Municipal Corporation of Greater Bombay to the AHWC will be conditional with safeguards for safety. The AHWC gave the genesis of the Warehousing Complex at the Antop Hills and highlighted the various construction features like the electrical fittings, fire protection features etc. The government of Maharashtra was anxious to remove the storage of chemicals from the congested residential and commercial areas of the Bombay city measures primarily to shift the chemical storage from Greater Bombay which are highly congested and selected after detailed studies conducted by the Government of Maharashtra and the Municipal Corporation of Greater Bombay. The usual land reclamation investment had been undertaken by the Government of Maharashtra and the Municipal Corporation of the Greater Bombay during 1975-79. The AHWC then obtained the approval of the Chief the officer of the Municipal Corporation of the Greater Bombay, Chief Controller of Explosives, Government of India, Nagpur and other concerned authorities/departments. The AHWC claims that they have given the complete list of safety measures incorporated in planning based on the stipulation imposed by the Chief Fire Officer and the Chief Controller of Explosives, Government of India in Writ Petition No.12179/85, namely, M.C. Mehta versus Union of India and others in the Supreme Court of India. The AHWC also contested further that the storage is only for chemicals in their original packed condition and not meant for any bulk storage or repacking or storing of any gases/carcinogenic substances or explosives and that the total quantity of chemicals to be stored in the complex at any one time is not more than 5001) metric tonnes. Another main objection of AHWC was that the notification could not be issued since the matter was subjudice in another Writ Petition No. 3381 Of 1987 pending in Bombay High Court. The Indian Chemical Manufacturers Association, the Indian Merchants Chamber and the Chemical and Alkali Merchant Association presented the same arguments.
And whereas it is difficult to conceive how the AHWC could ensure that only authorised chemicals would be stored in the individual godowns. It is also not clear how the traders storing different types of chemicals needings segregation would manage to store all these chemicals in the godowns allotted to them. In the pattern of trade in general and the chemical trade in particular the inherent nature of a trader is to keep his business information to himself. Considering that each business space for storage/office will be under the individual control of each trader and no single body could take full responsibility for safe storage of chemicals by over a thousand individual firms dealing in different quantities of chemicals at different rates of turn over, different different suppliers and widely varying terms of trade and methods of business, the AHWC or any other body will find it impossible to exercise complete control over the storage of chemicals belonging to a large number of individual trades in the same complex. There is no safety system to control flammability, toxicity, corrosivity, reactivity, instability and oxidizing nature of several of the hazardous chemicals, Public interest demands that under no circumstances should hazardous chemicals be allowed to be stored at the site in question;
And whereas the Government of Maharashtra appointed a committee headed by Dr. R.K Garg to look into the pros and cons of the use of Antop Hill Warehousing complex for the purpose of storage of hazardous and non-hazardous chemicals. The Committee has gone into all the detail and visited the site to conduct site inspection at length. The Committee has concluded, among other things, that storage of hazardous chemicals at this site would make this storage a major hazard installation. The committee suggested shifting of the storage of hazardous chemicals to; different site. The same Committee later prepared a list of chemicals which could be stored in the proposed warehousing complex along with the quantities that could be stored. The 55 chemical listed by the Garg Committee in this context along with permissible quantity for storage are listed as per Annexure;
And whereas now all objections received have been duly considered by the Central Government;
Now, therefore, in exercise of the powers conferred by clause (d) of sub-rule (3) of rule 5 of the said rules, the Central Government hereby imposes prohibition and restrictions that no hazardous, chemicals as defined in clause (c) or rule 2 of the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989, not being a chemical in the quantity mentioned in Annexure shall be stored in Antop Hill Warehousing Complex and that the storage of approved chemical shall be regulated in accordance with the recommendations of the Garg Committee.
1 |
Activated bleaching earth |
2 te |
2 |
Aluminium sulphate |
50 te |
3 |
Anhydride butile |
25 te |
4 |
Aspirin powder |
10 te |
5 |
Barium sulphate |
15 te |
6 |
Basic chrome sulphate |
2 te |
7 |
Bitumen |
10 te |
8 |
Borax |
100 te |
9 |
C.M.C. (Carboxy Methyl cellulose) |
5 te |
10 |
Calcium chloride |
100 te |
11 |
Calcium fluoride |
3 te |
12 |
Calcium oxide |
75 te |
13 |
Calcium sulphate |
75 te |
14 |
China Clay |
25 te |
15 |
Citric acid |
100 te |
16 |
Copper sulphate |
6 te |
17 |
Cream of tartar |
5 te |
18 |
Dipotasium phosphate |
1 te |
19 |
Disodium phosphate |
2 te |
20 |
Falty alcohols |
5 te |
21 |
Ferric chloride |
10 te |
22 |
Glass Wool |
2 te |
23 |
Glauber salt |
175 te |
24 |
Glucose liquid |
25 te |
25 |
Hillo suspension |
50 te |
26 |
Lactic acid |
20 te |
27 |
Lactose |
250 te |
28 |
Lithopone |
105 te |
29 |
Magnesium chloride |
10 te |
30 |
Nlagnesium oxide |
2 te |
31 |
Manitol |
5 te |
32 |
Mono sodium glutamate |
3 te |
33 |
Oleic acid |
2 te |
34 |
Potash alum |
80 te |
35 |
Potassium bicarbonate |
25 te |
36 |
Potassium chloride |
45 te |
37 |
Pectin |
10 te |
38 |
Polysorbate |
5 te |
39 |
Salicylic acid |
200 te |
40 |
Sodium acetate |
5 te |
41 |
Sodium alginate |
25 te |
42 |
Sodium bicarbonate |
150 te |
43 |
Sodium Carbonate |
150 te |
44 |
Sodium chloride |
75 te |
45 |
Sorbitol |
100 te |
46 |
Stearic acid |
10 te |
47 |
Talcum Powder |
50te |
48 |
Tamarind seed |
50 te |
49 |
Tannin extract |
10 te |
50 |
Tartaric acid |
50 te |
51 |
Titanium dioxide |
100 te |
52 |
Tapioca |
25 te |
53 |
Trisodium phosphate |
50 te |
54 |
Wax |
35 te |
55 |
Zinc oxide |
50 te |
[F.No. 18011/5/87-HSMD]
K. MADHAVA SARMA, Addl. Secy.
Notification under section 3(1) and section 3(2)(v) of the Environment (Protection) Act, 1986 and rule 5(3) (d) of the Environment (Protection) Rules, 1986 declaring Coastal Stretches as Coastal Regulation Zone (CRZ) and Regulating Activities in the CRZ.
S.O. 114(E).-Whereas a Notification under Section 3(1) and Section 3(2) (v) of the Environment (Protection) Act, 1986, inviting objections against the declaration of Coastal Stretches as Coastal Regulation Zone (CRZ) and imposing restrictions on industries, operations and processes in the CRZ was published vide S.O. No. 944 (@ dated 15th December,1990.
And whereas-all objections received have been duly considered by the Central Government.
Now, therefore; in exercise of the power conferred by Clause (d) of sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986, and all other powers vesting in its behalf, the Central Government hereby declares the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action (in the landward side) upto 500 metres from the High Tide Line (HTL) and the land between the Low Tide Line (LTL) and the HTL as Coastal Regulation Zone; and imposes with effect from the date of this Notification, the following restrictions on the setting up and expansion of industries, operations or processes etc. in the said Coastal Regulation Zone (CRZ). For purposes of this Notification, the High Tide Line (HTL) will be defined as the line upto which the highest high tide reaches at spring tides.
Note.-The distance from the High Tide Line (HTL) to which the proposed regulations will apply in the case of rivers, creeks and backwaters may be modified on a case by case basis for Seasons to be recorded while preparing the Coastal Zone Management Plans (referred to below); however, this distance shall not be less than 100 meters or the width of the Creek, river or backwater whichever is less.
Prohibited Activities:
The following activities are declared as prohibited within the Coastal Regulation Zone namely:.
setting up of new industries and expansion of existing industries, except those directly related to water front or directly needing foreshore facilities;
manufacture or handling or storage or disposal of hazardous substances as specified in the Notifications of the Government of India in the Ministry of Environment & Forests No. S.O. 594(E) dated 28th July 1989, S.O. 966(E) dated 27lh November, 1989 and GSR 1037(E) dated 5th December, l989;
Setting up and expansion of fish processing units including warehousing (excluding hatchery and natural fish drying in permitted areas);
setting up and expansion of units/mechanism for disposal of waste and effluents, except facilities required for discharging treated effluents into the water course with approval under the Water (Prevention and Control of Pollution) Act, 1974; and except for storm water drains;
discharge of untreated wastes and effluents from industries, cities or towns and other human settlements. Schemes shall be implemented by the concerned authorities for phasing out the existing practices, if any, within a reasonal7le time period not exceeding three years from the date of this notification;
dumping of city or town waste for the purposes of landfilling or otherwise; the existing practice, if any, shall be phased out within a reasonable time not exceeding three year from the date of this Notification;
dumping of ash or any wastes from thermal power stations;
land reclamation, bunding or disturbing the natural course of sea water with similar obstructions, except those required for control of coastal erosion and maintenance or clearing of waterways, channels and ports and for prevention of sandbars and also except for tidal regulators, storm water drains and structures for prevention of salinity ingress and for sweet water recharge;
mining of sand, rocks and other substrata materials, except those rare minerals not available outside the CRZ areas;
harvesting or drawal of ground water and construction of mechanisms therefor within 200 m of HTL; in the 200 m to 500 m zone it shall be permitted only when done manually through ordinary wells for drinking, horticulture, agriculture and fisheries;
construction activities in ecologically sensitive areas as specified in Annexure-I of this Notification;
any construction activity between the Low Tide Line and High Tide Line except facilities for carrying treated effluents and waste water discharges into the sea, facilities for carrying sea water for cooling purposes, oil, gas and similar pipelines and facilities essential for activities permitted under this Notification; and
dressing or altering of sand dunes, hills natural features including landscape charges for beautification, recreational and other such purpose, except as permissible under the Notification.
3. Regulation of Permissible Activities:
All other activities, except those prohibited in para 2 above, will be regulated as under:
Clearance shall be given for any activity within the Coastal Regulation Zone only if it requires water front and foreshore facilities.
The following activities will require environmental clearance from the Ministry of Environment & Forests, Government of India, namely:
Construction activities related to Defence requirements for which foreshore facilities are essential (e.g. slipways, jellies etc.); except for classified operational component of defence projects for which a separate procedure shall be followed. (Residential buildings, office buildings, hospital complexes, workshops shall not come within the definition of operational requirements except in very special cases and hence shall not normally be permitted in the CRZ).
Operational constructions for ports and harbours and light houses requiring water frontage; jetties wharves, quays, slip-ways etc. (Residential buildings & office buildings shall not come within the definition of operational activities except in very special cases and hence shall not normal]y be permitted in the CRZ);
Thermal power plants (only foreshore facilities for transport of raw materials facilities for in-take of cooling water and outfall for discharge of treated waste water/cooling water); and
All other activities with investment exceeding rupees five crores.
The coastal States Union Territory Administrations shall prepare, within a period of one year from the date of this Notification. Coastal Zone Management Plans identifying and classifying the CRZ areas within their respective territories in accordance with the guidelines given in Annexures-I and II of the Notification and obtain approval (with or without modifications) of the Central Government in the Ministry of Environment & Forests;
Within the framework of such approved plans development and activities within the CRZ other than those covered in para 2 and para 3(2) above shall be regulated by the State Government, Union Territory Administration or the local authority as the case may be in accordance with the guidelines given in Annexures-I and 11 of the Notification; and
In the interim period till the Coastal Zone Management Plans mentioned in para 3(3)(i) above are prepared and approved, all developments and activities within the CRZ shall not violate the provisions of this Notification. State Governments and Union Territory Administrations shall ensure adherence to these regulations and violations, if any, shall be subject to the provisions of the Environment (Protection.) Act, 1986.
4. Procedure for monitoring and enforcement:
The Ministry of Environment & Forests and the Government of Stale or Union Territory and such other authorities at the State or Union Territory levels, as may be designated for this purpose, shall be responsible for monitoring and enforcement of the provisions of this notification within their respective jurisdictions.
[N.K-15019/1/84-lA-III (Vol. II)]
R.RAJAMANI, Secy.
Classification of Coastal Regulation Zone:
6(1) For regulating development activities, the coastal stretches within 500 metres of High Tide Line on the landward side are classified into four categories, namely:
Category I (CRZ-I)
Areas that are ecologically sensitive and important, such as national parks/marine parks, sanctuaries, reserve forests, wildlife habitats, mangroves, corals/coral reefs, areas close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beauty/historically/heritage areas, areas rich in genetic diversity, areas likely to be inundated due to rise in sea level consequent upon global warming and such other areas as may be declared by the Central Government or the concerned authorities at the State/Union Territory level from time to time.
Area between the Low Tide Line and the High Tide Line.
Category-II (CRZ-II)
The areas that have already been developed upto or close to the shore-line. For this purpose, "developed area" is referred to as that area within the municipal limits or in other legally designated urban areas which is already substantially built up and which has been provided with drainage and approach roads and other infrastructural facilities, such as water supply and sewerage mains.
Category-III (CRZ-III):
Areas that are relatively undisturbed and those which do not belong to either Category-I or II. These will include coastal zone in the rural areas (developed and undeveloped) and also areas within Municipal limits or in other legally designated urban areas which are not substantially built up.
Category-IV (CRZ-IV)
Coastal stretches in the Andaman & Nicobar Lakshadweep and small islands except those designated as CRZ-I CRZ-II or CRZ-III.
Norms for Regulation of Activities.
6(2) The development or construction activities in different categories of CRZ area shall be regulated by the concerned authorities at the Slate/Union Territory level in accordance with the following norms:
CRZ-I
No new construction shall be permtted within 500 metres of the High Tide Line. No construction activity except as listed under 2(xii) will be permitted between the Low Tide Line and the High Tide Line.
CRZ-II
Buildings shall be permitted neither on the seaward side of the existing road (or roads proposed in the approved Coastal Zone Management Plan of the area) nor on seaward side of existing authorised structures. Buildings permitted on the landward side of the existing and proposed road/existing authorised structures shall be subject to the existing local Town and Country Planning Regulations including the existing norms of FSI/FAR.
Reconstruction of the authorised buildings to be permitted subject to the existing FSI/FAR norms and without change in the existing use.
The design and construction of buildings shall be consistent with the surrounding landscape and local architectural style.
CRZ-III
The area upto 200 metres from the High Tide Line is to be earmarked as No Development Zone. No construction shall be permitted within this zone except for repairs of existing authorised structures not exceeding existing FSI existing plinth area and existing density. However the following uses may be permissible in this zone-agriculture horticulture gardens pastures parks play fields forestry and salt manufacture from sea water.
Development of vacant plots between 200 and 500 metres of High Tide Line in designated areas of CRZ-III with prior approval of Ministry of Environment and Forests (MEF) permitted for construction of hotels/beach resorts for temporary occupation of tourists/visitors subject to the conditions as stipulated in the guidelines at Annexure-ll.
Construction/reconstruction of dwelling units between 20 and 500 metres of the High Tide Line permitted so long it is within the ambit of traditional rights and customary uses such as existing fishing villages and gothans. Building permission for such construction/reconstruction will be subject to the conditions that the total number of dwelling unit shall not be more than twice the number of existing units; total covered area on all floors shall not exceed 33 per cent of the plot size; the overall height of construction shall not exceed 9 metres and construction shall not be more than 2 floors (ground floor plus one floor).
Reconstruction/alterations of an existing authorised building permitted subject to (i) to (iii) above.
CRZ-IV
Andaman & Nicobar Islands:
No New construction of buildings shall be permitted within 200 metres of the HTL;
The buildings between 200 and 500 metres from the High Tide Line shall not have more than 2 floors (ground floor and Ist floor), the total covered area on all floors shall not be more than S0 per cent of the plot size and the total height of construction shall not exceed 9 metres;
The design and construction of buildings shall be consistent with the surrounding landscape and local architectural style.
Corals and sand from the beaches and coastal waters shall nut be used for construction and other purposs;
Dredging and underwater blasting in and around coral formations shall not be permitted; and
However, in some of the islands, coastal stretches may also be classified into categories CRZ-I or II or 111 with the prior approval of Ministry of Environment and Forests and in such designated stretches, the appropriate regulations given for respective Categories shall apply.
Lakshadweep and small Islands:
For permitting construction of buildings the distance from the High Tide Line shall be decided depending on the size of the islands. This shall be laid down for each island, in consultation with the experts and with approval of the Ministry of Environment & Forests, keeping in view the land use requirements for specific purposes vis-a-vis local conditions including hydrological aspects erosion and ecological sensitivity;
The buildings within S00 metres from the HTL shall not have more than 2 floors (ground floor and Ist floor), the total covered area on all floors shall not be more than 50 per cent of the plot size and the total height of construction shall not exceed 9 metres;
The design and construction of buildings shall be consistent with the surroundings landscape and local architectural style.
Corals and sand from the beaches and coastal waters shall tot be used for construction and other purposes;
Dredging and underwater blasting in and around coral formations shall not be permitted; and
However, in some of the islands, coastal stretches may also be classified into categories CRZ-I or II or III, with the prior approval of Ministry of Environment & Forests and in such designated stretches, the appropriate regulations given to respective Categories shall apply.
Guidelines for Development of Beach Resorts/Hotels in the Designated areas of CRZ-III for Temporary Occupation of Tourist/Visitors, with prior approval of the Ministry of Environment & Forests.
7(1) Construction of beach resorts/hotels with prior approval of MEF in the designated areas of CRZ-III for temporary occupation of tourists/visitors shall be subject to the following conditions:
The project proponents shall not undertake any construction (including temporary constructions and fencing or such other barriers) within 200 metres (in the landward side) from the High Tide Line and within the area between the Low Tide and High Tide Line;
The total plot size shall not be less than 0.4 hectares and the total covered area on all floors shall not exceed 33 per cent of the plot size i.e. the FSI shall not exceed 0.33. The open area shall be suitably landscaped with appropriate vegetal cover;
The construction shall be consistent with the surrounding landscape and local architectural style;
The overall height of construction upto highest ridge of the roof, shall not exceed 9 metres and the construction shall not be more than 2 floors (ground floor plus one upper floor);
Ground water shall not be tapped within 200 m of the HTL; within the 200 meter 500 metre zone it can be tapped only with the concurrence of the Central/State Ground Water Board;
Extraction of sand, levelling or digging of sandy stretches except for structural s foundation of building swimming pool shall not be permitted within 50(3 metres of the High Tide Line;
The quality of treated effluents, solids wastes, emissions and noise levels etc. from the project area must conform to the standards laid down by the competent authorities including the Central/State Pollution Control Board and under the Environment (Protection) Act, 1986;
Necessary arrangements for the treatment of the effluents and solid wastes must be made. It must be ensured that the untreated effluents and solid wastes are not discharged onto the water or on the beach; and no effluent/solid waste shall be discharged on the beach;
To allow public access to the beach, atleast a gap of 20 metres width shall be provided between any two hotels/beach resorts; and in no case shall gaps be less than 500 metres apart; and
If the project involves diversion of forest land for non-forest purposes, clearance as required under the Forest (Conservation) Act, 1980 shall be obtained. The requirements of other Central and State laws as applicable to the project shall be met with.
Approval of the State/Union Territory Tourism Department shall be obtained.
7(2) In ecologically sensitive areas (such as marine parks, mangroves, coral reefs, breeding and spawning grounds of fish, wildlife habitats and such other areas as may notified by the Central/State Government/Union Territories) construction of beach resorts/hotels shall not be permitted.
S.O. 80(E).-The following draft notification which the Central Government proposes to make in exercises of the powers conferred by clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) and clause (a) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, is hereby published as required by clause (c) of sub-rule (3) of rule 5 of the said rules for the information of all persons likely to be affected thereby and notice is also hereby given that the said draft notification will be taken into consideration by the Central Government on the expiry of sixty days from date the Official Gazette containing (the publication) of this notification is made available to the public;
2. Any person interested in filing any objection against the imposition of any restriction, may do so in writing to the Secretary, Department of Environment, Forest and Wildlife, Paryavaran Bhawan, CGO Complex, New Delhi-l 10(303, within the said period of sixty days specified in paragraph 1.
In exercise of powers conferred by clause (v) Of sub-section (2) of section 3 of the Environment (Protection) Act, 1986, the Central Government, in consultation with the Government of Maharashtra, after considering the need for protecting the ecologically sensitive Dahanu Taluka, and to ensure that the development activities are consistent with principles of environmental protection and conservation, hereby proposes to declare Dahanu Taluka, district Thane (Maharashtra) as an ecologically fragile area and to impose restrictions on the setting up of industries which have detrimental effect on the environment.
The location or siting of industries and industrial units shall be in conformity with the Guidelines given in the Annexure.
However, the industrial projects already approved or in existence in the said Taluka before the date of issue of this notification, will not be affected by this Notification.
The Government Of Maharashtra will prepare a Master Plan or Regional Plan for the Taluka based on the existing land use of Dahanu Taluka This Master Plan or Regional Plan will clearly demarcate all the existing green areas, orchards, tribal areas and other environmentally sensitive areas No change of land use will be permitted for such areas in the Master Plan or Regional Plan for the Taluka The total area within the Dahanu Taluka for location of permissible industries will be restricted to a maximum of 1000 acres The industrial units will be located at sites that are environmentally acceptable and which will result in the minimum amount of environmental degradation
[No J-13011/24/87-IA]
R. RAJAMANI, Secy.
Industries will be classified under three categories viz. Green Orange and Red as shown below for the purpose of permitting/restricting such industrial activities in Dahanu Taluka on the basis of environmental and ecological considerations. In case of doubts as to the category in which the industry falls a reference shall be made to the Ministry of Environment & Forests Government of India and such industry will not be permitted until cleared by the Ministry of Environment & Forests Govt. of India.
List of industries that can be considered by the Maharashtra Government agencies for approval/rejection in approved industrial areas without prior approval of the Ministry of Environment & Forests Government of India (provided that all the following conditions are satisfied):
1. Only those industries that are non-obnoxious and non-hazardous will be permitted. (Obnoxious and hazardous industries include those using inflammable explosive corrosive or toxic substances).
2. Only those industries that do not discharge industrial effluents of a polluting nature will be permitted.
Note:-Industries that undertake any of the following processes or process of similar nature shall be regarded as industries that discharge industrial effluents of a polluting nature namely:-
3. Only those industries that do not use coal in their manufacturing process will be permitted.
4. Only those industries that do not emit fugitive emissions of a diffused nature will be permitted.
Note:-(I) Some of the industries that ordinarily fall in the non-obnoxious, non-hazardous and non-polluting category, subject to fulfilment of above conditions are:-
(2) The inclusion of industries in this list is for convenience and if in a given case they do not fall in the above category they will be treated as in the Orange or Red Categories.
List of industries that can be permitted in Dahanu Taluka with proper environmental Assessment and adequate Pollution Control Measures in sites that have been approved by the Ministry of Environment & Forests Government of India.
Industries falling within the above category with an outlay exceeding Rs. 3 crores will have to be referred to the Ministry of Environment & Forests, Government of India for consideration.
Note:-In case of industries which do not fall in any of the above mentioned three categories, decision in regard to their classification will be taken by the State Government for those projects having an outlay not exceeding Rs. 3 crores and for other reference is to be made to the Ministry of Environment & Forests, Government of India.
S.O. 416(E).-Whereas a notification under Clause (v) of sub-section (2) of Section 3 of the Environment (Protection) Act, 1986, inviting objections from the concerned quarters within a period of sixty days from the date of publication of the said notification, against Govt.'s intention to declare Dahanu Taluka, District Thane (Maharashtra) as an ecologically fragile area and to impose restrictions on the setting up of industries which have detrimental effect on the environment was published vide S.O. NO. 80(E), dated 8lh February, 1991 and Corrigendum (S.O. 147(E) issued on 27th February, 1991). And whereas certain objections were received from Environmental Action Groups of Dahanu & Bombay, individuals of Dahanu, Govt. of Maharashtra, Dahanu Industries Association Dahanu Taluka -Krushak Samaj etc. These objections were duly considered and accordingly certain modifications have been incorporated in this notification.
In exercise of powers conferred by clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986, the Central Government, in consultation with the Government of Maharashtra, after considering the need for protecting the ecologically sensitive Dahanu Taluka, and to ensure that the development activities are consistent with principles of environmental protection and conservation, hereby declare Dahanu Taluka, District Thane (Maharashtra) as an ecologically fragile area and to impose restrictions on the setting up of industries which have detrimental effect on the environment.
The location for siting of industries and industrial units shall be in conformity with the Guidelines given in the Annexure.
However, the industrial projects already approved or in existence in the said Taluka before the date of issue of this notifications, will not be affected by this notification. The existing industries shall have to conform to the statutory standards.
The Government of Maharashtra will prepare a Master Plan or Regional Plan for the Taluka based on the existing land use of Dahanu Taluka within a period of 1 year from the date of this notification and get the plan approved by the Ministry of Environment & Forests. This Master Plan or Regional Plan will clearly demarcate all the existing green areas, orchards, tribal areas and other environmentally sensitive areas. No change of existing land use will be permitted for such areas in the Master Plan or Regional Plan for the Taluka. A buffer zone of 25 kms. should be kept free of industries around the outer periphery of Dahanu Taluka for which provision may be made in the Master Plan. The total area within the Dahanu Taluka for location of permissible industries will be restricted to a maximum of 500 acres within the industrial areas marked in the Master Plan. The industrial units will be located at sites that are environmentally acceptable.
Industries which are using chemicals above the limits/quantities as prescribed in the Environment (Protection) Act and Rules for hazardous chemicals, notified by the Government of India, should be considered hazardous industries. Hazardous waste may be exposed off in the identified areas after taking precautionary measures. The disposal areas have to be prescribed, carefully monitored and enforced and the site(s) will be identified in the Master Plan and will be as far as possible within the premises of the 500 acres area identified for the industrial estate.
The Government of Maharashtra will constitute a monitoring Committee to ensure the compliance of the conditions mentioned in the notification in which local representatives may be included.
[No. J-13011/2487-IA]
R. RAJAMANI, Secy.
GUIDELINES FOR PERMITTING/RESTRICTING INDUSTRIES AND INDUSTRIAL UNITS IN THE DAHANU TALUKA THANE DISTRICT IN MAHARASHTRA.
Industries will be classified under three categories viz. Green Orange and Red as shown below for the purpose Of permitting/restricting such industrial activities in Dahanu Taluka on the basis of environmental and ecological considerations. In case of doubts as to the category in which the industry falls a reference shall be made to the Ministry of Environment & Forests Government of India and such industry will not be permitted until cleared by the Ministry of Environment & Forests Govt. of India. Expansion/modernisation of existing industries falling in green and orange categories only would be considered on merit. Some restriction in Volume of waste water generated i.e. 2 to 3 CMD may be imposed for certain type of small scale units falling under Green or Orange categories.
List of industries that can be considered by the Maharashtra Government agencies for approval/rejection in approved industrial areas without prior approval of the Ministry of Environment & Forests Government of India (provided that all the following conditions are satisfied):
1. Only those industries that arc non-obnoxious and non-hazardous will be permitted. (Obnoxious and hazardous industries include those using inflammable explosive corrosive or toxic substances)
2. Only those industries that do not discharge industrial effluents of a polluting nature will be permitted.
Note:-Industries that undertake any of the following processes or process of similar nature shall be regarded as industries that discharge industrial effluents of a polluting nature namely:-
3. Only those industries that do not use coal in their manufacturing process will be permitted.
4. Only those industries that do not emit fugitive emissions of a diffused nature will be permitted.
Note:-(1) Some of the industries that ordinarily fall in the non-obnoxious, non-hazardous and non-polluting category, subject to fulfilment of above conditions are:-
(2) The inclusion of industries in this list is for convenience and if in a given case they do not fall in the above category they will be treated as in the Orange or Red Categories.
List of industries that can be permitted in Dahanu Taluka with proper environmental Assessment and adequate Pollution Control Measures in sites that have been approved by the Ministry of Environment & Forests, Government of India.
Industries falling within the above category with an outlay exceeding Rs. 3 crores will have to be referred to the Ministry of Environment & Forests, Government of India for consideration.
Industries falling within the above category with an outlay not exceeding Rs. 3 crores shall be granted environmental clearance by the State Government Environment Deptt. and the MPCB.
List of industries that cannot be permitted in Dahanu Taluka
The illustrative list of industries that fall within this category include :-
Note:- The case of industries which do not fall in any of the above mentioned three categories, decision in regard to their classification will be taken by the State Government for those projects having an outlay not exceeding Rs. 3 crores and for other reference is to be made to the Ministry of Environment & Forests, Government of India.