Draft Rules on Siting for Industrial Projects
New Delhi, the 21st June, 1999
S.O. 470(E).— The following draft rules which the Central Government proposes to issue in exercise of the powers conferred by clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with rule 5 of the Environment (Protection) Rules, 1986 is hereby published for the information of all persons likely to be affected thereby and notice is also hereby given that the said draft rules will be taken into consideration by the Central Government on the expiry of 60 days from the date of publication of this rule in the Official Gazette, made available to them.
2. Any person interested in filing any objection or suggestion in respect of the proposed rules, may do so in writing to the Secretary, Ministry of Environment and Forests, Paryavaran Bhavan, Lodhi Road, New Delhi within the said period of 60 days.
DRAFT RULES
WHEREAS the Environment (Protection) Act, 1986 provides for the protection and improvement of environment and for matters connected therewith;
AND WHEREAS-the Central Government issued Environmental Guidelines for Siting of Industries in August, 1985 relating to areas to be avoided for siting of industries, precautionary measures to be taken for site selecting as also aspects of environmental protection which should have been incorporated during the implementation of the industrial development projects;
AND WHEREAS the Central Government is of the opinion that the Siting Guidelines framed in 1985 and the activities to be covered under siting restrictions need review taking into account the technological and scientific developments that have taken place in industrial planning and manufacturing process and that these siting rules can now be legislated in order to protect the sensitive areas such as national parks, sanctuaries, wetlands and archaeological monuments;
NOW, THEREFORE, in exercise of the powers conferred by clause (v) of sub-section (2) of section 3, sub-section (I) of section 6 and section 25 of the Environment (Protection) Act, 1986 (29 of 1980) read with rule 5 of the Environment (Protection) Rules, 1986 the Central Government hereby makes the following rules for Siting Industrial Projects, namely :
1. Short title and commencement
(i) These rules may be called Environment (Siting for Industrial Projects) Rules, 1999.
(ii) It shall come in force on the date of final publication in the Official Gazette.
2. Prohibition for setting up of certain industries : No new unit of the industries listed in Annexure-I shall be allowed to be set up in the following areas:
(i) the entire area within the municipal limits of all Municipal Corporations, Municipal Councils and Nagar Panchayats (by whatever name these are known in each state) and a 25 km belt around the cities having population of more than 1 million;
(ii) 7 km belt around the periphery of the wetlands listed in Annexure-II; and
(iii) 25 km belt around the periphery of National Parks, Sanctuaries and core zones of biosphere reserves;
(iv) 0.5 km wide strip on either side of national highways and rail lines;
3. Establishment of New Units with certain conditions: Establishment of new units of the industries listed in Annexure-I shall be allowed in 7 km to 25 km belt around the periphery of the wetlands listed in Annexure-II only after careful assessment of their adverse ecological and environmental impacts.
4. Restrictions on the units in Taj Trapezium : Establishment of new units and expansion or modernization of existing units of-the industries listed in Annexure-l in the 10400 sq.km. (Approx.) area between 260 45’N and 770 15’E to 27045’N and 77015’E to the West of Taj Mahal and between 270 00’N and 780 30’N and 780 30’E to the East of Taj Mahal, known as the Taj Trapezium, shall be regulated as per the guidelines laid down specifically for this area by the Central Pollution Control Board (CPCB), entitled ‘Inventory and Assessment of Pollution Emission in and around Agra-Mathura Region (Abridged)’.
5. Establishment of New Units around Archaeological Monuments: New units of industries listed in Annexure-III shall not be allowed to be set up within 7 km periphery of the important archaeological monuments listed in Annexure-1V.
6. Application of other Acts and Rules not barred : The provisions of this rule shall be in addition to and not in derogation of, the Forest (Conservation) Act, 1980, and the rules made thereunder, the areas covered by the Notifications S.O.No.102 (E) dated 1st February, 1989; S.O.114(E) dated 20th February, 1991; S.O.No.416(E) dated 20th June, 1991, S.O.No. 319(E) dated 7th May, 1992.
[No. J-11013/3/96-IA-II (I)]
V. RAJAGOPALAN, Jt. Secy.