The sections of the Ancient Monuments and Archaeological Sites and Remains Act, 2010, which have relevance to the preparation of Regional, or Urban Development Plans and their implementation have been provided in the URDPFI Guidelines for reference.
7.1.1 The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010
The Ancient Monuments and Archaeological Sites and Remains Act, 1958 was amended in 2010. This Act provides prohibited and restricted areas around protected monuments as a buffer in which construction activities are prohibited and restricted. According to the Act prohibited and restricted areas are defined as follow:
As per the section 20 A of the Act,Prohibited Areas:Every area, beginning at the limit of the protected area or the protected monument, as the case may be, and extending to a distance of one hundred meters in all directions shall be the prohibited area. Government of India can specify an area even more than hundred meters. Construction activities in such areas are prohibited.
Section 20 B definesRegulated Area: Every area, beginning at the limit of the prohibited area in respect of ever ancient monument and archaeological site and remains, declared as of national importance, extending to a distance of two hundred meters in all directions shall be the regulated area in respect of such protected area or protected monument. Government of India can specify an area even more than two hundred meters. Construction activities in such areas are regulated.
The said Act in section 20 F provides for the constitution of National Monuments Authority, by Central Government through notification in the Official Gazette. Some of the functions granted to the Authority are:
To make recommendations to the Central Government for grading and classifying protected monuments and protected areas,
To consider the impact of large-scale developmental projects, including public projects and projects essential to the public which may be proposed in the regulated area.
The details of The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 are appended in Appendix V of Volume II B.
7.2National Environmental Legal Requirements
The key National level environmental legal requirements, which have relevance to planning and implementation, are briefly explained in this section. These are:
Considering recent developments, and to ensure that the economic growth and development in our country is in conformity with regulations for environmental conservation, the Ministry of Environment & Forests has notified the Environmental Impact Assessment Notification, 2006. The environmental clearance (EC) process under implementation prior to 2006 highlighted the need to introduce specific processes /categories/ activities and also the need for new sectors such as coal washery to be brought in the ambit of the EC process due to their extent of impact on environment. The EIA Notification 2006 has notified 39 developmental sectors which require prior EC.
The MoEF has prepared EIA guidelines on each sector as identified by EIA notification 2006, which elaborates the procedure and mandatory requirements of EIA with respect to the sector. For example Manual on norms and standards for environment clearance of large construction projects has been prepared by MoEF to assist developers and project proponents’ measure and quantify environmental impacts of proposed construction, and derive mitigation options to minimise impacts.
EIA is an exercise to be carried out before any project or major activity is undertaken to ensure that it will not in any way harm the environment on a short term or long term basis. Any developmental endeavour requires not only the analysis of the need of such a project, the monetary costs and benefits involved but most important, it requires a consideration and detailed assessment of the effect of a proposed development on the environment. EIA should provide information to decision makers at early stage of the project planning cycle. It should be initiated as early as possible before the commencement of projects. If the projects secure approval, EIA should include a provision to cover the audit of the project. Following is the general list of projects that require Environmental clearance from the central government:
Nuclear Power and related projects such as heavy water plants, nuclear fuel complex, rare earths.
River Valley projects including hydel power, major irrigation & their combination including flood control.
Ports, Harbours, Airports (except minor ports and harbours).
Petroleum Refineries including crude and product pipelines.
Chemical Fertilizers.
Pesticides.
Petrochemical complexes.
Bulk drugs and pharmaceuticals.
Exploration for oil and gas and their production, transportation and storage.
Integrated paint complex including manufacture of resins and basic raw materials required in the manufacture of paints.
Viscose staple fibre and filament yarn.
Storage batteries integrated with manufacture of oxides of lead and lead antimony alloys.
All tourism projects between 200m—500 metres of High Water Line and at locations with an elevation of more than 1000 metres with investment of more than Rs.5 crores.
Thermal Power Plants.
Mining projects with leases more than 5 hectares.
Highway Projects.
Tarred Roads in the Himalayas and or Forest areas.
Distilleries.
Raw Skins and Hides.
Pulp, paper and newsprint.
Dyes.
Cement.
Foundries (individual)
Electroplating
Meta amino phenol
7.2.2Environment Protection Act, 1986
The Environment Protection Act, 1986 (EPA) has notified various rules under EPA for protecting the environment which are mentioned below:
The Manufacture, Use, Import, Export and Storage of Hazardous Micro-Organism Genetically Engineered Organism or Cells Rules, 1989
The Hazardous Wastes (Management and Handling) Rules, 1989
The Manufacture, Storage and Import of Hazardous Chemicals Rule, 1989
Scheme of Labeling of Environment Friendly Products (ECO-MARK)
Restricting certain activities in special Specified area of Aravalli Range
The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996
The Bio -Medical Waste (Management and Handling) Rules, 1998,
The Recycled Plastics Manufacture and Usage Rules,1999
The Municipal Solid Wastes (Management and Handling) Rules, 2000
The Noise Pollution (Regulation and Control) Rules, 2000
The Ozone Depleting Substances (Regulation) Rules, 2000
The Batteries (Management and Handling) Rules, 2001
Alongwith the above rules as identified in EPA 1986, The Air (Prevention and Control of Pollution) Act, 1981 and the Noise-Pollution (Regulation and Control) 2000 shall also be referred to formulate norms and standards while preparing development plan for a city. The various statuary obligations for different clearances are mentioned in table below:
Table 7.1Statutory Obligations of Environment Clearances
Type of Clearances
Statutory obligations
Environment Clearances
As per EIA notification, 2006
Forest Clearances
As per Forest Conservation Act, 1980
GEAC Clearances
Rules for Manufacture, Use, Import, Export and Storage of Hazardous Microorganisms/Genetically Engineered Organisms or Cells 1989, under EPA 1986
GEAC Clearances
Rules for Manufacture, Use, Import, Export and Storage of Hazardous Microorganisms/Genetically Engineered Organisms or Cells 1989, under EPA 1986
Environment Protection Act has been appended in Appendix W of the Volume II B.
7.2.3Forest Conservation Act, 1980
With the rising rate of deforestation and the resulting environmental degradation, the Central Government enacted the forest (conservation) Act in 1980. The Act prohibits the deletion of a reserved forest or the diversion of forestland for any non-forest purpose, and prevents the cutting of trees in a forest without the prior approval of the Central government. The salient features of the act are given below:
This Act has five Sections which deal with conservation of forests.
The Act was enacted with the twin objectives under Section 2 of restricting the use of forest land for non-forest purposes, and preventing the de-reservation of forests that have been reserved under the Indian Forest Act, 1927. However, in 1988 the Act was further amended to include two new provisions under Section 2, where it sought to restrict leasing of forest land to private individuals, authority, corporations not owned by the Government, and to prevent clear felling of naturally grown trees.
The Act empowers the Central Government to constitute a committee to advise the Government with a grant of approval under Section 2, as also on any other matter connected with the conservation of forest and referred to it by the Central Government.
The Act provides for the punishment of imprisonment, extendable to fifteen days for the contravention of the provisions of the Act.
The Act provides for punishment of offenders from the Government Departments, including Head of the Departments and authorities.
The detailed Act can be referred from Appendix X of Volume II B.
7.2.4
Coastal Regulation Zone, 2011
Central Government declared the following areas as CRZ and imposed restrictions on the setting up and expansion of industries, operations or processes and the like in the CRZ through the Coastal Regulation Zone Notification, 2011:
The land area from High Tide Line (HTL means the line on the land up to which the highest water line reaches during the spring tide) to 500 meters on the landward side along the sea front.
CRZ shall apply to the land area between HTL to 100 meters or width of the creek whichever is less on the landward side along the tidal influenced water bodies that are connected to the sea and the distance upto which development along such tidal influenced water bodies is to be regulated shall be governed by the distance up to which the tidal effects are experienced which shall be determined
based on salinity concentration of 5 Parts Per Thousand (ppt) measured during the driest period of the year and distance upto which tidal effects are experienced shall be clearly identified and demarcated accordingly in the Coastal Zone Management Plans (CZMPs).
The land area falling between the hazard line and 500 meters from HTL on the landward side, in case of seafront and between the hazard line and 100 meters line in case of tidal influenced water body the word ‘hazard line’ denotes the line demarcated by Ministry of Environment and Forests (MoEF) through the Survey of India (SoI) taking into account tides, waves, sea level rise and shoreline changes.
Land area between HTL and Low Tide Line (LTL) is termed as the intertidal zone.
The water and the bed area between the LTL to the territorial water limit (12 Nm) in case of sea.The water and the bed area between LTL at the bank to the LTL on the opposite side of the bank, of tidal influenced water bodies.
The following activities have been declared prohibited under the CRZ notifications:
i. Setting up of new industries and expansion of existing industries with some exception,
ii. Manufacture or handling oil storage or disposal of hazardous substance, with some exception,
iii. Setting up and expansion of fish processing units including warehousing except hatcheryand natural fish drying in permitted areas
iv. Land reclamation, bunding or disturbing the natural course of seawater with some exception,
v. Setting up and expansion of units or mechanism for disposal of wastes and effluents with some exception,
vi. Discharge of untreated waste and effluents from industries, cities or towns and other human settlements. The concerned authorities shall implement schemes for phasingout existing discharge of this nature, if any, within a time period not exceeding two yearsfrom the date of issue of this notification.
vii. Dumping of city or town wastes including construction debris, industrial solid waste, flyschemes for phasing out any existing practice, if any, shall be phased out within a periodof one year from date of commencement of this notification.
viii. Port and harbour projects in high eroding stretches of the coast, except those projectsclassified as strategic and defence related in terms of EIA notification, 2006 identified byMoEF based on scientific studies and in consultation with the State Government or the Unionterritory Administration.
ix. Reclamation for commercial purposes such as shopping and housing complexes, hotelsand entertainment activities.
x. Mining of sand, rocks and other sub-strata materials.
xi. Drawl of groundwater and construction related thereto, within 200mts of HTL; with some exception.
(Source: Coastal Regulation Zone Notification; 6thJanuary, 2011)
7.2.5
Eco-Sensitive Zones
Wild Life Protection Act, 1972 gave provision for the creation of National Parks, Sanctuaries and Closed Area. Further, for the purpose of buffers around these protected areas as shock absorber, Eco-sensitive Zones were declared. Eco-sensitive Zones would also act as transition zone from areas of high protection to areas involving lesser protection. The activities in the eco-sensitive zones are regulatory in nature rather than prohibitive nature.
By the time this guideline was declared, many of the protected areas had undergone tremendous development in close vicinity to their boundaries. Therefore, defining the extent of Eco-sensitive zone around protected areas was kept flexible and protected area specific.
The width of Eco-sensitive Zone and type of regulations differ from one protected area to another. However, as a general principle the width of the Eco-sensitive Zone could go up to 10 kms around a Protected Area as provided in the Wildlife Conservation Strategy, 2002. In case where sensitive corridors, connectivity and ecologically important patches, crucial for landscape linkage, are even beyond 10Kms width; these should be included in the Eco-sensitive Zone. Further, in context of a particular protected area, the distribution of an area of Eco-sensitive Zone and the extent of regulation may not be uniform all around and it could be of variable width and extent.
Table 7.2Activities Prohibited, Regulated or Permitted in Eco-sensitive Zone
S.no.
Activity
Prohibited
Regulated
Permitted
Remarks
1
Commercial Mining
Y
Regulation will not prohibit the digging of earth for construction or repair of houses and for manufacture of country tiles or bricks for housing for personal consumption
2
Felling of tress
Y
With permission from appropriate authority
3
Setting of saw mills
Y
4
Setting of industries causing pollution (Water, Air, Soil, Noise, etc.
Y
5
Establishment of hotels and resorts
Y
As per approved master plan, which takes care of habitats allowing no restriction on movement of wild animals
6
Commercial Use of fire wood
Y
For hotels and other business related establishment
7
Drastic change of agriculture systems
Y
8
Commercial use of natural water resources including ground water harvesting
Y
As per approved master plan, which takes care of habitats allowing no restriction on movement of wild animals
9
Establishment of major hydroelectric projects
Y
Promote underground cabling
10
Erection of electrical cables
Y
S.no.
Activity Prohibited
Regulated Permitted
Remarks
11
Ongoing agriculture and horticulture practices by local communities
Y
However, excessive expansion of some of these activities should be regulated as per the master plan
12
Rain water harvesting
Y
Should be actively promoted
13
Fencing of premises of hotels and lodges
Y
14
Organic farming
Y
Should be actively promoted
15
Use of polythene bags by shopkeepers
Y
16
Use of renewable energy sources
Y
Should be actively promoted
17
Widening of roads
Y
This should be done with proper EIA and mitigation measures
18
Movement of vehicular traffic at night
Y
For commercial purpose
19
Introduction of exotic species
Y
20
Use or production of any Y hazardous substances
21
Undertaking activities Y related to tourism like over flying the national park area by any aircraft, hot air balloons
22
Protection of hill slopes and river banks
Y
As per the master plan
23
Discharge of effluents and Y solid waste in natural water bodies or terrestrial area
24
Air and vehicular pollution
Y
25
Sign boards and hoardings
Y
As per the master plan
26
Adoption of green technology for all activities
Y
Should be actively promoted
Source: Guidelines for the Declaration of Eco-sensitive Zones around National Parks and Wildlife Sanctuaries; dated 9th February, 2011
7.3
Cantonment Act, 2006
Following provisions of The Cantonment Act, 2006 have been identified by URDPFI guidelines that have relevance to the preparationof Regional or Urban Development Plans and their implementation. The detailed Act can be referred from Appendix Y of Volume II B.
The Central Government can declare any place or places along with boundaries in which the Forces is quartered or which is required for the service of such forces, to be a cantonment and can also declare that any such area shall cease to be a cantonment, by notification in the Official Gazette.
The Central Government can define the limits of any cantonment for the aforesaid purposes, by a like notification.
The Central Government can, by notification in the Official Gazette, direct that in any place declared a cantonment under this Act, the provisions of any enactment relating to local self-government other than this Act shall have effect only to such extent, as may be specified in the notification.
For the alteration of limits of cantonments, The Contentment Act, 2006, prescribes:
The Central Government can declare to include or to exclude the cantonment any local area, by notification in the Official Gazette.
Any inhabitant of a cantonment or local area in respect of which notification has been published under subsection (1) may, within eight weeks from the date of notification, submit in writing to the Central Government through the General Officer Commanding-in-Chief, the Command, an objection to the notification, and the Central Government shall take such objection into consideration.
The Central Government considers the objections which have been submitted, after the expiry of eight weeks from the date of the notification, by notification in the Official Gazette, include or exclude the local area in respect of which the notification was published or any part thereof, in the cantonment.