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ESA Cover 2 Final 11-8-2012.Cdr The Centre-State Conversations on Second Ecologically Sensitive Areas Act: (2009-2012) his document is a follow up to the detailed report Tpublished by Kalpavriksh in the year 2009 – 'India's Meenakshi Kapoor Notified Ecologically Sensitive Areas (ESAs) - The story Kanchi Kohli so far...'. The study delves in depth into issues of the notifications of ESAs around National Parks and Sanctuaries and in the Western Ghats and presents a general update on the developments around ESAs since 2009. Drawing from the review and analysis of various documents, notifications and minutes of meetings sourced through means like the Right to Information (RTI) applications, file inspection in the Ministry of Environment and Forests and online research; the report is an attempt to trace the course that the concept of ESAs is taking. This has been done with a focus on Protected Areas and the Western Ghats. While the previous study was an effort at understanding the concept and process of ESAs; the current study looks at the different perspectives and angles through which various stakeholders, particularly the Central Government and the State Governments view ESAs. The Second Act: Centre-State Conversations on Ecologically Sensitive Areas (2009-2012) Meenakshi Kapoor Kanchi Kohli Kalpavriksh 2012 Contact information: Kalpavriksh, NCR House No.7, Top Floor, Sector-15A, Noida-201301, U.P. Phone:+91-120-4229767 E-mail: [email protected] Kalpavriksh, Pune 5, Shree Dutta Krupa Apts., 908 Deccan Gymkhana, Pune - 411004 Phone/Fax: +91-20-25654239 E-mail: [email protected] www.kalpavriksh.org Citation: Kapoor, M., K. Kohli 2012. The Second Act: Centre-State Conversations on Ecologically Sensitive Areas (2009-2012) Kalpavriksh, NCR & The Duleep Matthai Nature Conservation Trust, Anand This report was supported by: The Duleep Matthai Nature Conservation Trust, Anand, Gujarat. Cover photo by: Ashish Kothari Cover Design by: Vinay Aditya Copy edits: Ruchi Vadehra, Sujatha Padmanabhan, Shiba Desor Content Advisor: Manju Menon Copy and pass on: No copyright is claimed on this work; you are free to copy, translate and distribute this report. We only request that you acknowledge the original source and share with us a copy of your reprint or translation. Design & Print: Systems Vision, [email protected] Contributory amount: Rs. 150/ Disclaimer: The Duleep Matthai Nature Conservation Trust is not responsible for any views expressed by the contributors in the report and does not necessarily endorse the views expressed. Contents Abbreviations .............................................................................................................. 1 1. Introduction ........................................................................................................ 3 2. About this study ................................................................................................. 6 3. Ecologically Sensitive Areas around Protected Areas and .............................. 7 Responses of the State Governments 4. Submission of Proposals by the State Governments notifying .................. 11 Ecologically Sensitive Areas around Protected Areas 5. Guidelines for Declaration of Ecologically Sensitive Areas around National Parks and Wildlife Sanctuaries ....................................................... 16 6. Delineation of Ecologically Sensitive Areas in the Western Ghats ............ 18 7. Other Developments around Existing Ecologically Sensitive ..................... 26 Areas (Non-PA) 8. Concluding Observations ................................................................................... 28 References ................................................................................................................ 31 Appendix 1: Full Details of State Government Proposals .................................. 33 and their Status on Declaration of Ecologically Sensitive Areas around Protected Areas Appendix 2: Full Details of Ecologically Sensitive Area ...................................... 83 Notifications (Draft and Final) issued by the Ministry of Environment & Forests (Non-PA) Appendix 3: Details of Western Ghats Ecology Expert Panel ............................ 89 Abbreviations Used AHEC : Alternate Hydro Energy Centre BC : Breeding Centre BDA : Biological Diversity Act BMC : Biodiversity Management Committee BR : Biosphere Reserve BVIEER : Bharati Vidyapeeth Institute of Environmental Education & Research CAMPA : Compensatory Afforestation Fund Management and Planning Authority CEC : Central Empowered Committee CIC : Central Information Commission CPCB : Central Pollution Control Board CR : Conservation Reserve CRZ : Coastal Regulation Zone DGF : Director General of Forests DTEPA : Dahanu Taluka Environment Protection Authority EIA : Environment Impact Assessment EPA : Environment (Protection) Act EPR : Environment (Protection) Rules ERF : Environment Restoration Fund ESA : Ecologically Sensitive Area ESZ : Eco-sensitive Zone GANDHI : Green Action for National Dandi Heritage Initiative GEC : Gujarat Ecology Commission GEER : Gujarat Environment Education and Research GHAMCF : Garo Hills Anti-Mining and Conservation Forum GoI : Government of India HLMC : High Level Monitoring Committee 1 IAS : Indian Administrative Services IBWL : Indian Board for Wildlife ICZM : Indian Coastal Zone Management IISc : Indian Institute of Science JFM : Joint Forest Management JFMC : Joint Forest Management Committee KPCL : Karnataka Power Corporation Limited LCL : Lavasa Corporation Limited LSG : Local Self Governance MAB : Man and Biosphere MC : Monitoring Committee MoEF : Ministry of Environment and Forests NAPM : National Alliance of People’s Movement NBWL : National Board for Wildlife NCR : National Capital Region NGO : Non-government Organization NGRBA : National Ganga River Basin Authority NIO : National Institute of Oceanography NP : National Park NRCD : National River Conservation Directorate NRSC : National Remote Sensing Centre PA : Protected Area RTI : Right to Information SACON : Salim Ali Centre for Ornithology & Natural History SEIAA : State Environment Impact Assessment Agency SICOM : Society of Integrated Coastal management SPCB : State Pollution Control Board UNESCO : United Nations Educational, Scientific and Cultural Organization WGEA : Western Ghats Ecology Authority WGEEP : Western Ghats Ecology Expert Panel WGTF : Western Ghats Task Force WLS : Wildlife Sanctuary WP : Writ Petition ZMP : Zonal Master Plan 2 1. Introduction n India, Ecologically Sensitive Areas (ESAs) have been declared as mechanisms for environment Iprotection and land use planning using environmental criteria since the 1980s. These notifications have been issued under the Environment (Protection) Act, 1986 (EPA) using its Section 3 (2) (v) and Environment (Protection) Rules, 1986 (EPR) through its section 5 (1) (See Box 1). Many groups and individuals believe that these clauses of the EPA and EPR and the declaration of ESAs hold the possibility of realising landscape-level conservation in the country. However, over the years the provisions of ESAs have been used only by a few due to a range of unresolved issues related to the process of declaration, buy in of the local governments and issues of on- ground implementation of the notifications. Broadly understood, Section 3 (2) (v) of the EPA, 1986 empowers the Central Government (in this case the Ministry of Environment and Forests) to take requisite measures to protect and improve the environment and prevent environmental pollution. It allows for the demarcation of areas in which certain industrial or infrastructure-related activities can be restricted or regulated. In addition to this, Section 5(1) of the EPR, 1986 specifies certain criteria (like topographic and climatic features, biological diversity, environmentally compatible use, extensive cultivation, proximity to the Protected Areas, etc.) that can be considered while prohibiting or restricting certain operations in different areas. Until May 2009, eight ESA notifications and two draft ESA notifications had been issued by the MoEF. The notified ESAs included Murud-Janjira, Dahanu, Mahabaleshwar-Panchgani and Matheran in Maharashtra, Doon Valley in Uttarakhand, Aravalli hills in Haryana and Rajasthan, 15 km wide zone around the Numaligarh refinery in Assam and Taj Trapezium Zone around Taj Mahal in the town of Agra in Uttar Pradesh. Notifications related to Mount Abu (Rajasthan) and Sultanpur (Haryana) were in their draft forms and were subsequently finalised as has been discussed further in this study. In the initial phase, the process of declaration of ESAs was largely driven by the efforts of envi- ronmental groups through direct lobbying with the Central Government, in particular the Ministry of Environment and Forests (MoEF). There was little engagement with the State Governments or the local communities residing in areas where the ESAs were being proposed, which would impose restrictions or regulate land use. Over the years, feedback and responses began to be sought at least from State Governments, and ESAs were not declared by the MoEF unless there was concurrence of the State Governments. Since the early 2000s civil society involvement with ESAs has been much more at the landscape-level. Civil society groups have also sought larger policy level interventions related to ESAs. The preparation of criteria for ESA declaration, institutionalising the review of ESA proposals as well as firming up the development of proposals have happened in the
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