ENVIRON MENT (SITING FOR INDUSTRIAL PROJECT) RULES-1999 MINISTRY OF ENVIRONMENT AND FORESTS. New Delhi, the 21 st June, 1999

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1 ENVIRON MENT (SITING FOR INDUSTRIAL PROJECT) RULES-1999 MINISTRY OF ENVIRONMENT AND FORESTS NOTIFICATION New, the 21 st 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, CGO Complex, Lodhi Road, New 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, subsection (1) of section 6 and section 25 of the Environment (Protection) Act, 1986 (29 of 1986) 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 (1) These rules may be called Environment (Siting for Industrial Projects) Rules, (2) 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; 1

2 and iii. iv. 25 km belt around the periphery of National Parks, Sanctuaries and core zones of biosphere reserves, 0.5 km wide strip on either side of national highways and rail lines; 2. 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. 3. Restrictions on the units in Taj Trapezium:- Establishment of new units and expansion or modernization of existing units of the industries listed in Annexure-I in the sq.km. (Approx) area between N and 77 o 15 E to 27 o 45 N and 77 o 15 E to the West of Taj Mahal and between 27 o 00 N and 78 o 30 N and 78 o 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 - Mathura Region (Abridged). 4. 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-IV. 5. 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 1 st February, 1989; S.O. 114 (E) dated 20 th February, 1991; S.O. No. 416 (E) dated 20 th June, 1991, S.O.No. 319 (E) dated 7 th May, ANNEXURE-I [No. J-11013/3/96-IA.II(I)] V.RAJAGOPALAN, JOINT SECRETARY 1. Petroleum Refineries 2. Chemical Fertilizers 3. Petro-chemical complex (Both Olefinic and Aromatic) and Petrochemical intermediates such as DMT, Caprolactam LAB etc. and production of basic plastics such as LLDPE, HDPE, PP, PVC. 4. Hydrocyanic acid and its derivatives 5. Primary metallurgical industries (such as production of Iron and Steel, Aluminium, Copper Zinc, Lead and Ferro Alloys) 6. Viscose Staple fibre and filament yarn. 7. Storage batteries integrated with manufacture of oxides of lead and antimony alloys 8. Distilleries 9. Raw Skins and Hides, and tanneries 10. Dyes and Dye intermediates 11. Pesticides 12. Bulk drugs and pharmaceuticals 13. Caustic soda/chlorine 14. Pulp and Paper 15. Cement. 2

3 1. Chilka, Orissa 2. Keoladeo Ghana National Park, Rajasthan 3. Sambhar, Rajasthan 4. Wullar, Jammu & Kashmir 5. Loktak, Manipur 6. Harike, Pubjab. ANNEXURE-II ANNEXURE-III 1. Petroleum Refineries 2. Chemical Fertilizers 3. Petro-chemical complex (both Olefinic and Aromatic) and Petro-chemical intermediates such as DMT, caprolactam LAB etc. and production of basic plastics such as LLDPE, HDPE, PP, PVC. 4. Hydrocyanic acid and its derivatives. 5. Primary metallurgical industries (such as production of Iron and Steel, Aluminium, Copper Zinc, Lead and Ferro Alloys). 6. Viscose staple fibre and filament yarn. 7. Storage batteries integrated with manufacture of oxides of lead and antimony alloys. 8. Distilleries. 9. Raw Skins and Hides and tanneries. 10. Pulp and Paper. ANNEXURE-IV Sl. No. State/Union territory Locality District Name of Monument 1. Andhra Pradesh Chandragiri Chittoor Raja and Rani Mahal 2. Andhra Pradesh Golkonda Hyderabad Golkonda Fort 3. Assam Garhagaon Sibsagar Ahom Raja s Palace Gujarat Nalanda (Bargaon) Kumrahar Sasaram Chakramdas Nalanda Patna Rohtas Vaishali Ahmedabad All mounds, structures and buildings, enclosed in the acquired area, Nalanda Site of Mauryan Palace Shershah Suri Tomb 3

4 9. Gujarat Lothal Mehsana Ancient Ruins, Vaishali Gujarat Jammu & Kashmir Jammu & Kashmir Kerala Modhera Patna Kiramchi Ramnagar Hampi, Kamalapuram, Krishnapuram, Venkatapuram Pattadakal Bangalore Aihole Badami Mehsana Udhampur Udhampur Bellary Bangalore Chitaldurg Mandya Mysore Kannur Excavated remains at Lothal Sun temple Rani-Ki-Vav Group of Temples Ramnagar Palace Group of Monuments Group of Temples Tipu Sultan Palace Durga Temple Complex Jain and Vishnu Caves Gol Gumbaz Ibrahim Rouze Fortress and temples on the hill 24. Chitaldurg Daria Daulat Bagh 25. Srirangapatnam Sri Kesava Temple 26. Somanathapura Bekal Fort 27. Pallicherry Bombay Ajanta Caves 28. Ajanta (Kolaba) Ellora Caves Ellora Gharapuri Daulatabad Subarban Alibagh Bombay Kolaba Kolaba Nasik Tomb of Rabia Daurani (Bibi-Ka-Maqbara) Elephanta Caves Daulatabad Fort Kankheri Caves Hirakota Old Fort 4

5 35. Raigad Raigad Fort 36. Pathardi Pandav Lena Caves Junnar Karla Sholapur Khajuraho Sanchi Sholapur Chhatarpur Raisen Dhar Gwalior Nimar (East) Junnar Caves and Inscriptions Cave Temples Sahniwar Wada Old Fort Western Group of Temples 43. Mandu Raipur Budhist Monuments 44. Territory of Gwalior Group of Monuments 45. Burhanpur Gwalior Fort Territory of Territory of Sirpur Palace situated in the Fort (Shahi Qila) Group of monuments (Laxman Temple) 49. Purana Quila Puri Fort 50. Territory of Puri Tomb of Safdarjung 51. Mehrauli Puri Purana Quila 52. Territory of Konarak Bharatpur Humayun s Tomb Orissa Orissa Orissa Rajasthan Rajasthan Rajasthan Bhubaneswar Jagmara Deeg Chittorgarh Kumbalgarh Mahabalipuram Dindigul Fort St. George Chittor Udaipur Chengai Anna Dindigul Chennai Pudukkottai South Arcot Qutab, Archaeological Area Sun Temple Raja Rani Temple Udaygiri and Khandagiri Deeg Palace Fort Fort of Kumbhalgarh 5

6 61. Tirumayam Tirchinapalli Group of monuments 62. Ginjee Fort 63. Kalumbalur Fort St. George 64. Fort Fatehpur Sikri Sikandara Sikandara Sahet-Mahet Bahraich Jhansi Lucknow Rajagiri Fort and Krishnagiri Fort Muvarkoil Fort Taj group of monuments Fatehpur Sikri Group of monuments at Rambagh 72. West Bengal Jhansi Lucknow Sarnath Jaunpur Hazardurai Varanasi Jaunpur Murshidabad Itimad-ud-Daula s Tomb Akbar s Tomb Mariyam s Tomb Monuments of Sravasti Rani Jhansi Mahal Residency Buildings Excavated remains at Sarnath Fort (Old) Hazarduari Palace 6