Wetlands (Conservation and Management) Rules, 2010

[TO BE PUBLISHED 1N THE GAZETTE OF INDIA, PART II, SECTION 3, SUB SECTION (ii)] GOVERNMENT OF INDIA MIINSTRY OF ENVIRONMENT AND FORESTS NOTIFICATION New Delhi the .. .. .. .. . . . . . . . . . . .. of November, 2010 G.S.R. -------- WHEREAS the wethnds, ,-ita! parts of the hydrological cycle, are highly productive, support exceptionally large biological diversity and provide a wide range of ecosystern services, such as waste assimilation, water purification, flood rnitigation1 erosion control, ground water recharge, microclimate regulation, aesthetic enhancemcnt of the landscapc while simultaneous!y supporting many significant recreational, social and cultural activities, besides being a part of the culturai heritage; AND WHEREAS many wetlands are seriously threatened by reclamation through drainage and landfill, pollution (discharge of domestic and industrial effluents, disposal of sol.id wastes), hydrological aiterations (water witl1drawal and inflow changes) and over-exploitation of their natutal resources rcsulting in loss of biodiversity and disruption in goods and services provided by wetlands; AND WHEREAS India is a signatory to tlle Ramsar Convention for the conservation and wise use of wetlands, which i.ncludes in its ambit a wide variety of habitats, such as rivers and lakes, coastal lagoons, mangroves, peatlands, coral reefs, and numerous man-made weclands, such as ponds, farm ponds, irrigated agricultura] lands, sacred groves, salt pans, reservoirs, gravd pits, sewage farms, and canals; AND WHEREAS the Central Government has identified certain wetlands for conservation and managcmcnt n.'lder its conservation programme and providcs financia! and technical assistance to the Srate Governments and Union territory Adrninistrations for various conservation activities through approval of the Management Action Plans; AND WHEREAS the Nacional Environment Policy, 2006 recognises tlle ccological sen•ices provided by weiands and emphasizes the need to set up a regulatory mecbnism consistent with the Ramsar Cc.nvention to maintain tlle ecological character of the identified wetlands and develop " national inventory of such wetlands; NOW, THEREFORE, in excrcíse of che powers conferred by scction 25, read with sub-section (1) and clause (v) of sub-section (2) and sub section (3) of secrioc1 3 of thc Environment (Protecrion) Act, 1986 (29 of 1936), the Central Government hereby !'.10kes thc following rules for conservation and managemcnt of wethnds, namely: 1. Short title and comme11ceme11t. l. These iules may be callee! the Wctiands (Cmservation and Managcmcnt) Rules, 2010. ) 2. They shall come into force on the date of their publication m thc Official Gazette. 2. Definitions.- (l)In these rules, unless the context otherwise requires, (a) "Act" means the Environment (Protecti<m) Act, 1986 (29 of 1986); (b) "Authority" means the Central Wetlands Regulatory Authority constituted under rule 5; (c) "dredging" means an excavation activit;' or operation usually carried out at least partlv underwater, in shallow sea or fresh water areas with the purpose of gathering up bottom sediments and disposing thetn off at a different location; (d) "Nacional Park" means an area declared, as Nacional Park under section 35 or scction 38, or deemed to be declarcd as a Nacional Park under sub-section (3) of section 66, of the Wild Life (Protectio11) Act, 1972 (35 of 1972); (e) "Ramsar Convention" means the Convention on Wetlands signed at Ramsar, Iran in 1971; (f) "UNESCO" means the United Nations Educacional, Sciemific and Cultural Organisation; (g) "wetland" means an area or of marsh, fen, peatland or water; natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including ateas of marine water, the depth of which at low tide does not excecd six meters and indudes ali inland waters such as lakes, reservoir, tanks, backwaters, lagoon, creeks, estuaries and manmade wetland and the zone of direct influence on wetlands that is to say L.'1e drainage arca or catchrnent region of the wctlands as determined by the authoriL}' but does not include rnain river channels, paddy fields and the coastal wetland covered under the notification of the Government of India in ilie Ministry of Environment and Forest, S.O. nurnber 114 (E) dated ilie 19'" February, 1991 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) of dated the 20'" February,1991; (h) "wildlife sanctuar/' means o.n area dechred as a wildlife sanctuary under ilie prm,isions of Chapter IV of the WildLife (Protection) Act, 1972 (35 of 1972) and shall include an area deemed to be sanctuary under sub section (4) of section 66, of the said Act. (2) The word anó. expressions used in these rule< and not defined but defined in the Act:, shall have the meaning respectively assigned to thern in ilie Act. 3. Protected wetlands. Based on the significance of the functions performed by ilie wetlands for overall well being of ilie people and for determining the extent and leve! of regulation, the following wetlands shall be regulated ur1der these rules, namely: (i) wetlan<'.s categotis:cd as Ramsar \'V'etlands of Internacional Irnportance uncler the Ra111sa:: Convcntion as specified in the Schedule. (ii) wetlands in are'" tl1r.t are ecologically sensitive and important, such as, nacional parks, marine parks, sanctuaries, teserved forests, wildlife habitats, mangrcves, corals, coral reefs, ateas of outstanding natural beauty or historical or heritage areas and the areas rich in genetic diversity; (iii) wetlands recognised as or lying witltin a UNESCO World Heritage Site; (iv) high altitude wetlands or high altitude wetland complexes at or above an elevation of two thousand five hundred metres with an area equ,~l to or greater than five hectares; (v) wetlands or wetland complexes below an elevation of two thousand five hundred metres wit11 an atea equal to or greater ilian five hundred hectares. (vi) any other wetland as so identified by ilie Auiliority and iliereafter notified by the Central Government under the provisions of the Act for me purposes of these rules. 4. Restrictions on activities within wetlands. (1) Tbe following activities withi.."1 the wetlands shall be prohibited, namely: Q) reclamation of wetlands; (ii) setting up of new industries and cxpansion of existing industries; (iii) manufacture or handling or storage or disposal of hazardous substanccs covered u>1der the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 notified vide S.O. number 966 (E) dated the 27'" November, 1989 or the Rules for Manufacture, Use, lmport, Export and Storage of Hazardous Micro-organisms/Genetically engineered organisms or cells notified v~de GSR nurnber 103 7 (E) dated ilie S'" December, 1989 or the Hazardom; 'J7astes(\;Ianagement, Handling and Transboundry Movement) Rules, 2008 notified vide S.O. number 2265 (E), dated ilic 24'" September,2008; (iv) solid waste dumping: provided that the existing practices, if any, existed before the commencement of these rules shall be phased out within a period not exceeding six mcnths from the date of commencement of these rules; (v) discharge of unt:eated wastes and effluents from industries, cities or towns and oilier hvman settlements: provided that ilie practices, if any, existed before che comnoencemcnt of mese rules shall be phased out within a period not exceeding one year from me ciare of conunencement of fuese rules; (vi) any construction of a permancnt nature except for boat jetties witlun fiEty rnetres frorr ilic mean high f.ood leve! observed in ilie past ten years calculated from táe ciare of commencement of these rules. 3 (vii) any other activity likely to have rn adverse impact on the ecosystem of rhe wetlané to be specifieé in writing by the Ambority constituted in acwrdance with these mies. (2) The following activities 3hall not be undertaken without the prior approval of thc Starc Government within the wethnds, namely: (i) withdrawal of water or the impoundmem, diversion or interruption of water sources within the local catchment area of the wetland ecosystem; (ii) harvesting of living and non-living resources; (iii) grazing to the level tLat the basic nature and characrer of the biotic community is not adversely affected: (iv) treated effluenr discharges from industries, cities or towns, human settlements aoid agricultura! fields falling within the limits laid clown by the Central Pollution Control Board or the State Pollution Control Cornmittee, as the case may be; (v) plying oi mororized boat, if it is not detrimental to the nature and charactcr of rhe biotic conununity; (vi) dredging, only if the wetlanü is impacted by siltation; (vii) construction of boat ¡etties; (viii) activities within the zone of influence, as per the definition of wetlands, tl1ar may directly dfect the ecological character of the wetland; (ix) facilities requircd for temporary use, such as pontoon bridges, that do not affect the ecological character cf the wetland; (x) aquaculture, agriculture and horticulture activities within the wetland; (xi) repair of existir.g buildings º" infrasLructure inclucling reconstruction activities. (xii) any other activity rn be iclemified by the Authority. (3) Notwithstanding :anything in sub-rule (1) or sub- rule(2), the Central Government may pernút any of the prohibited activities or non-wetland use in the protecred wetland on tbe recornmendation of the lluthority. (4) The State Government shall ensure thar a detailecl Environment lmpact J\sse8'mrnt is carried out i:.1 acccrclance with the prcceclures specifiecl in the notification of rhe Government of lndiz in rhe Ministcr of Environment and Forests S.O. number 1533 (E) datecl the September 14fü, 2006 as amended from time to time. (5) No wetlancl shall be converted to non-"'etland use unless the Central Government is satisfiecl on thc rccommenclaticn of the Authority that it is expedient in tbe public interest and reasons i·ustifvin" the decisicn are recordecl. . 'º 4 5. Constitution of Central Wetlands Regulatory Authority. (1) The Central Govemment, in exercise of the powers conferred by sub-section(3) of section 3 of thc Environment (Protection) Act, 1986 (29 of 1986), hereby constitutes Central Wetlands Regulatoq Authority consisting of the following Chairpersol'S and members for thc purpose of these rules, namely: (a) Secretaq, l'vlinistrv of Environment and Forests, Government of India Chairperson; (b) a representative (not below the rank of Joint Secretary) from Ministry of Tourism, Government of India - Member ex-officio; (c) a representative (not below the rank of Joint Secretary) from MinisLry of Water Resources, Government of India -- Member ex-officio; (d) a representative (not below tr~e rank of Joint Secretary) from Ministry of Agriculture, Government of India - Member ex-officio; (e) a represemative (not below the rank of Joint Secretary) from Mini\trr of Social Justice, Govcrnment of India - Member ex-officio; (f) Chairman or his norninee, the Central Pollution Control Board,.- Member ex officio; (g) Joint Secretary or Ad•riscr, dealing with the wetland in tl1c Ministry of Environment and Forests, Goverru:nent oflndia, - member ex-officio; (h) Dr. Asad R. Rahmani, Director ,Bombav Natural History Society, Hornbill House, D". Salitn Ali Chowk, Shaheed Bhagat Singh Road , Mumbai - 400 023; Expert Ornithology -Member. (i) Dr. M. R.D. Kunadangar, Darul Aloom Qasmia Lane, Botshah Mohalla, Lal Bazar, Srinagar, Kashmir ; Expert Linmology- Member G) Dr. C.K. Varsl:ney, 88 Vaishali, Pitampura, New Delhi-110034; Expert Ecolog¡- Member (k) Dr E. J. James , Director, Water Institutc, Karunya Cniversity, Coünbatorc, Tamil Nadu; Expert Hydrology- :\1ember; (1) Director or Additional Director or Joint Director dealing with the Wetland in the Ministrv of Envimnrnent and Forests-Member Secretary. (2) The term of tl:e Authoritv ehal.1. be three years effccted from the date of publication of the notification refened ·:o in sub-rule(1). (3) 'The Authority shall exercise the followi'1g powers ·md perform the following functions, namely: 5 (i) (ii) (iii) (iv) (v) appraise proposds for identification of new wetlands, projects or activities 111 consultations with the concerned local authorities; identifv and interface with th~ concerned local authorities to enforcc the provisÍons contained under these rules and other laws far the time being in force; grant clearances or identify in consultation with the local state government, thc ateas far the grant of clearance far regulated activities in the wetlands within thcir respective jur\sdictions; determine, in consul:ation with concerned local authority, the zone of direct influence of t}1e wctlands; issue whatever direc1ions, necessary for the consenration, prcservacion and \vise use of wetlands to the State Governments. (4) The Authority shall periodically review the list of wetlands and the details or prohibited and regulated activities under the rules. (5) The Authority shall spccif'¡ the threshold levels far activities to be regúlated and thc mode and methodology far undertak:ing activities in wetland. 6. Process for identification of wetlands under different categories. (1) Wetlands covered under item (i) of rule 3 specified under Schedule shall be the wetland to b~ regula-ced under these rules. (2) 1ne Sütes Government shall prepare, witlun a period of one year from the commenccmcnt of these rules, 'Brief Docmnent' identifying and classifying thc wetlanes within thcir respective territories in accordance with thc criteria specified under Rule 3 a01d submit the saf!le to Authority. (3) The 'Brief Document' of each wetland far identification shall compnse of following .information, namely: i) broad geographic delineation of the wetland; ii) its zone of influence along with a map (accurate and to scale); iii) the si.ze of tl1e wetland; iv) account of pre-existing rights and privileges, consistent ot not consio.tent ··.vith the ecological health of rhe wetland. (4) The Authoi.ry, shall on receipt of the 'Brief document' under suo-rule(2), if consider ii: Lecessacy refcr in consultation with the State Governrncnt to a research instirute or mliversity having relevant multi-diseiplinary expertise rclated to wetlands, to conducta comprehensive survey of the wetland within a period of thirty days: provided that the institute or university to wruch the matter has been referred u:cider sub-rule(4) shall submit a report within next ninety days from the date of such i:efcrence to Authoricy, wruch shall contain information with respect to the critcria specified cncler rule 3. (5) ':lle Acthority shaU, thereafter, arrive at a decision in consultation with tlie State Govercmcnt, on rhe propasa!, within a period of ninety days from the date of receipt of thc report uncler sub-mle(4) 6 ./ I / (6) ·•=ñ!!ií -~---=---= - . - --- - - - -- -- The c,.ntral Government shall on the receipt of the recommcndation o'' the Authority notify thc area of wetlands as recorrenended by the Authcc .. i:.• fm public informarion ínvicing objections and suggestions from the gener"-1 ¡nblic likely to be affectcd to make representation to thc Central Governmcnt wi~lin a period of s;,;ty days; (7) The Authority shall consider all the representarions which the Ce·:,!-ra] Government may receive under sub-rule(6) and submit its reconunend:;·,:¡cc or; the such rcpresentations to Central GovermDent within a period of sixty CX-" r, ,,. final notification; (8) Tne Centr"l Goverrunent shall on receipt of the recommendations of ....... Authority under sub-rule(?) issue a final notification notifying therein the c,rco of the wetland its category or classification to be regulated under thcse mies ~" d display thc said notification in public places in English and vemacular langu;;.gcs. (10) The Authority may, mo moto or on application made to it, review rny cccicion under these rules or issue direction for inclusion of wetland undcr these rule. 7. Overlapping provigions. (1) The wetlands within the protected areas of the Nacional Parks and \;'ilc:lifr Sanctuaries shall be regulated by the provisions of WildLife (Protectior1J J.c:, 1972(35of1972). (2) TI1e wetlands within the protected or notified forest arcas shall be regulated 1,y 'he provisions of the Indian Forest Act, 1927(16 of 1972); the Forest (Conser''>'tl :·n) Act, 1980(69of1980); and the Environment (Protection) Act, 1986(29 of 1986). (3) The gaps in t.'1e regulation of wetlands within the protected and notificd l'c11·sr areas, if any, under l;he provisions of the Indian Forest Act, 1927; \Xiildlife (Protection) Ji.et, 1972; and Forest (Conservation) Act, 1980; shall be pluggecl 'JV invoking provisions of die Envirorunent (Protection) Act, 1 986. (4) The wetlands sitnated outside the protected or notified forest areas zeferred to '.n sub rule(2) shall be regulated by thc relevant provisions of the Envirornrxn t (Protection) Act, 1986(29 of 1986) 8. Enforcement of regulated activities. (1) The identified activities for management and wise use of wetlands si:uated ,,·ifr'· the protected cr notiEed forest areas referred to in sub rule (2) of rule 7 shd regulated by the Forest Department of thc Sta te concernecL (2) The identified •ctivities for management and wise use of wetlands sitrnted out·s''k the protected or notified forest ateas shall be reg.ilated by the nocla! Departmc•t, cr the relev3".,t local state agencies to be designated by the Sta te Governrn~n' withb , period of six tI:'.onths from the date of cotr.mencement of thcse rules. 9. Appeals against üe decfaions of Authol'ity· Any person aggrievéd by the decision of thc Authority may prefer an appeal to thc Nacional Green Tribunal constiti.1tcd under the Nacional Green Tribunal Act, 2010(19 of 201 O) with in a period of sixry days fi:om the date of such decision: Providcd thc Nacional Green T:ibuna1 1rn,y entertain any appeal after the expiry of the said period of sixty days if it is sacisfied that the appeilant was prevented by sufficient cause frorr: filing the appeal in time. THESCHEDULE [see-rule 3(i)] List of wetlands in India identified as Ramsar sites under Ramsar Convention on Wetland Serial Name ofWetlan.d Number (1) (2) 1 Ashtamudi Wetland 2 Bhitarkanika Mangrovcs 3 Bhoj Wetland 4 Chilika Lake 5 Deepor Beel 6 E'-st Cakutta \Vetlands 7 HarikcLake 8 Kanjli 9 Kcoladeo Nacional Park 10 Kolleru Lake 11 Lokt,~k Lake 12 Point Calimere Wildlife and Bird Sanctuari:: 13 Pong Dr,m Lakc 14 Rapar 15 Sambhar Lake 16 Sasthamkotta Lake 17 Tsomotiri 18 Vcmbanad-Kol \X'ctland 19 Wular Lake 20 Chandratal 21 Renuka 1 22 Rudrass.gar ' 23 Ur>f>a1 Canga 1 24 Hok2.rsar i ( Hokct2.) 1 25 Sutinsar andJ,frnsa (comp!éx) ' 1 Sta te (3) Kerala Orissa Madhya Pradesh Orissa Assam West Bengal Punjab Puniab Raiasthan Andhra Pradesh Mani¡->ur Tamil Nadu Himachal Pradesh Puniab Raiastl1an Kerala Jammu and Kashmir Kerala Jammu and Kashmir · Himachal Ptadesh Himachal Ptadesh Tri¡->ura Uttar Pradesh Jammu and Kashmir Jammu and Kashmir (F.No. J-22012/31/05-CS(W)] ~ (R. Behta) Adviser to the Govetnment of India 8