Central norms, State law in a mismatch

T. Nandakumar,  Thiruvananthapuram,  
TheHindu,January 25, 2016

A notification issued by the Union Ministry of Environment, Forests and Climate Change prescribing regulations on river sand mining is feared to result in a mismatch with the State legislation on the issue, sparking concern over its implications on the protection of the ravaged rivers in Kerala.

The notification issued on January 15 mandates the creation of a District Environment Impact Assessment Authority empowered to issue environmental clearance for sand mining below five hectares.

It prescribes guidelines for the preparation of a district survey report to identify river sand resources, protection of the riverine ecology and steps to check illegal mining.

In Kerala, district-level expert committees chaired by the respective District Collectors have been constituted under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 to identify the locations for river sand mining. In June last year, the State government had imposed a total ban on sand mining from six rivers and imposed restrictions on mining from five rivers for a three-year period. The decision was based on the sand audit report of 11 rivers prepared in accordance with the state Act.

Experts’ fear

Experts and environmental activists fear that the uncertainty over which would prevail, the State Act or the Central notification, would create a situation for illegal mining to flourish in the State.

“Unless the issue is clarified, confusion will prevail, setting the stage for unscientific exploitation of river sand resources,” says Latha Anantha, Director, River Research Centre. “It is neither necessary nor desirable to have a district expert committee set up under the State Act and a District EIA Authority mandated by the Central notification, both chaired by the District Collector. It will only lead to confusion and conflict,” says N.K. Sukumaran Nair, general secretary, Pampa Parirakshana Samithi.

Experts fear that the exemptions cited in the notification would be manipulated to bypass the requirement of environment clearance for river sand mining.

Extraction of ordinary sand, removal of sand deposits from farms and silt from dams and reservoirs are among the activities that have been exempted.

 

Read more »

Greens see red as State relaxes norms for quarries

The Hindu, September 17, 2015

In a decision that is bound to have far-reaching consequences, the State Cabinet has exempted quarries up to one hectare from the need to secure environmental clearance.

Talking to the media after a meeting of the Cabinet on Wednesday, Chief Minister Oommen Chandy said the decision was taken in the light of the strike by quarries and crusher units to protest the revised rules for issue of mining licence.

The resultant short supply of rubble had affected development projects across the State, he said.

Citing the huge financial burden for securing environmental clearance, small quarry owners had been exerting pressure on the government to relax the new licencing rules.

But experts and a section of government officials maintain that the Cabinet decision is not legally sustainable. Lawyer and environmental activist Harish Vasudevan said the move to exempt quarries up to one hectare from environmental clearance amounted to a violation of the Supreme Court judgment in the Deepak Kumar vs the State of Haryana and others case.

On February 27, 2012, the apex court had ruled that leases of minor mineral, including their renewal for an area of less than five hectares, be granted by the States/ Union Territories only after getting environmental clearance from the Ministry of Environment and Forests.

Mr. Vasudevan said the Supreme Court order had been upheld by a Division Bench of the Kerala High Court on March 23 this year while dealing with a writ petition filed by the All Kerala River Protection Council against the functioning of illegal quarries.

The Cabinet decision is a clear violation of the Supreme Court judgement and the Environment Protection Act, 1986 which makes it mandatory to obtain environmental clearance for all mining operations, points out a government official seeking anonymity. The government will find it difficult to surmount a legal challenge by environment organisations, he added.

“Besides, environment is a Central subject and the State Cabinet is out of its bounds in taking a decision to relax the norms for quarries,” he observed.

Read more »

ESA demarcation: State to bank on population density argument

T. Nandakumar, Thiruvananthapuram,  
The Hindu, September 3, 2015
he State government went into a huddle on Wednesday following the clarifications sought by the Union Ministry of Environment, Forests and Climate Change (MoEFCC) on the demarcation of ESAs (Ecologically Sensitive Areas) in Kerala.

Ministers and senior officials participated in a series of meetings convened through the day to prepare the State’s response to the letter from the MoEFCC Secretary to the Chief Secretary, seeking details of Kerala’s shapefile (a GIS data format), explanation on management of fragmented ESAs, and geographic coordinates of the ESA boundaries.

Officials said a note providing the details sought by the Ministry had been prepared and submitted to the Principal Secretary, Environment, by evening.

Sources said Kerala had sought to project the high population density in the State to justify the exclusion of human settlements and plantations from the ESAs and the fragmentation of ESAs.

According to the data provided in the note, Kerala had a much higher population density than the five other States bordering the Western Ghats. While the average village level population in Gujarat is 3,265, it is 2,557 in Maharashtra, 3,683 in Goa, 2,068 in Karnataka, and 4,402 in Tamil Nadu, while in Kerala, the figure is as high as 20,052.

The figures are a clear indication of the critical importance of people’s participation in conservation programmes in Kerala, says an official.

Pointing out that Kerala has a forest cover of 29.1 per cent, higher than India’s forest cover of 21.5 per cent, the official said any effort to increase the green cover would be totally dependent on community involvement.

Sources said Chief Minister Oommen Chandy was scheduled to hand over the State’s response to Union Minister for Environment and Forests Prakash Javadekar in New Delhi on September 4. Mr. Chandy will be accompanied by Environment Minister Thiruvanchoor Radhakrishnan, Principal Secretary, Environment, Mara Pandian and chairman of Kerala State Biodiversity Board Oommen V. Oommen.

The final notification on the recommendations of the Kasturirangan committee for protection of the Western Ghats is expected to be issued on September 9.

Read more »

Vellayani lifts veil on Painted stork

T.Nandakumar
Thiruvananthapuram,  
The Hindu, August 1, 2015

A bird survey conducted by the Kerala State Biodiversity Board at Vellayani Lake near here has revealed the presence of rare species, justifying the efforts to claim biodiversity heritage status for the region.

The KSBB has submitted a proposal to the Union Ministry of Environment, Forests and Climate Change (MoEFCC) seeking heritage tag for the freshwater lake and its environs.

The Rs.75-crore proposal seeks to enlist the support of local communities to protect bird nests and prevent poaching. The bird survey had revealed the presence of over 100 species in the Punchakari area bordering the lake.

KSBB Member Secretary K.P. Laladhas said a team of birdwatchers had been tracking the native and migratory species at Vellayani for some time.

On July 31, the team spotted a single Painted stork in the wetlands. A large wading bird, the Painted stork ( Mycteria leucocephala ) is a near threatened species rarely found in Kerala.

Dr. Laladhas said the late sighting of the stork at Vellayani, coinciding with the delayed start of a full-fledged monsoon, could make it an indicator of climate change.

The Jacobin cuckoo or pied crested cuckoo ( Clamator jacobinus ), a bird associated with rain since ancient times, was also first spotted at Vellayani during the survey.

Biodiversity register

The KSBB is preparing to bring out a biodiversity register exclusively for the Vellayani region.

Three other locations in Kerala, Kalassamala in Thrissur district, Ashramam in Kollam, and Pathiramanal island in Alappuzha, have also been proposed as biodiversity heritage sites.

Official sources said the government was expected to notify the sites after issuing the guidelines for biodiversity heritage status.

Of the four proposed sites, Kalassamala is home to about 200 trees of the Syzygium travancorium species. Listed as critically endangered in the Red Data book published by the International Union for Conservation of Nature, the species is known to have a population of only about 400, all of them in Kerala.

While Asramam is known for the mangrove forests on the banks of Ashtamudi Lake, Pathiramanal was proposed for the biodiversity heritage tag for its rich diversity of migratory birds.

 

Read more »

Agasthyamala likely to be part of World biosphere reserves

K.S. Sudhi
KOCHI,  
The Hindu, June 4, 2015

The Agasthyamala Biosphere Reserve (ABR) may be included in the World Network of Biosphere Reserves by the International Coordinating Council of the Man and the Biosphere (MAB) Programme of UNESCO if legal protection is ensured for the northern part of the site.

The Agasthyamala reserve is the only site considered from the country by the International Advisory Committee for Biosphere Reserves this year. The proposal will be considered at the Paris session of the MAB beginning June 8.

Currently, Agasthyamala is listed in the category of “nominations recommended for approval, pending the submission of specific information.”

Nine in country

Though there are 18 biosphere reserves in the country, only nine, including the Nilgiris, Nanda Devi, Nokrek, Gulf of Mannar, Sundarban, and Great Nicobar, have been included in the network.

Biosphere reserves are “representative parts of natural and cultural landscapes extending over a large area of terrestrial or coastal/marine ecosystems or a combination thereof and representative examples of bio-geographic zones/provinces.” Globally, 621 biosphere reserves from 117 countries are included in the network so far, according to the Union Ministry of Environment and Forests and Climate Change.

 

Read more »

State seeks more forestland for Sabarimala from Centre

PATHANAMTHITTA,  
The Hindu, November 3, 2014
The State government has urged the Centre to allot more forest land for Sabarimala development, said V.S. Sivakumar, Minister for Health and Devaswom.

Mr. Sivakumar was addressing a meeting held in connection with the Amala Bharathom cleaning drive at Pampa on Sunday.

He said a high-level team led by Chief Minister Oommen Chandy had submitted a memorandum seeking National Pilgrim Centre status for Sabarimala to Prime Minister Narendra Modi, and Union Minister for Forests and Environment Prakash Javadekar in October.

Mr. Sivakumar said the Chief Minister had convened a high-level meeting in Thiruvananthapuram at 12 noon on Wednesday to chalk out a detailed action plan for developing Sabarimala into a National Pilgrim Centre.

Members of the Travancore Devaswom Baord and the High Power Committee for Sabarimala Master Plan Implementation would also attend the meeting.

The Minister said works undertaken by the government in connection with the annual pilgrim season would be completed as scheduled.

He said the government had sanctioned Rs. 5 lakh each to the District Superintendents of Police in Pathanamthitta, Kottayam, and Idukki to meet any emergency need during the pilgrim season.

He said a meeting of Ministers and officials from the neighbouring States of Tamil Nadu, Karnataka, and Andhra Pradesh would also be chaired by the Chief Minister in Thiruvananthapuram on November 5.

Presiding over the meeting, Raju Abraham, MLA, said plastic waste posed a major health hazard at Sabarimala.

Subhash Vasu, TDB member; Anto Antony, MP; V.S.Jayakumar, Sabarimala Devaswom executive officer; and S.Harikishore, District Collector, spoke.

Read more »

No quarrying in ESAs till biodiversity board report gets nod: government

K.C. Gopakumar
KOCHI,  
The Hindu, October 25, 2014 

The State government on Friday informed the Kerala High Court that if any quarrying operations were allowed in the ecologically sensitive areas (ESAs), it might adversely affect the issue of the final notification based on the Kerala State Biodiversity Board report by the Union Ministry of Environment and Forests (MoEF).

In a statement, the State government said that the Department of Mining and Geology could not renew the permits of quarries before the notification was finally approved and notified by the Union Ministry of Environment and Forests.

The government was taking all earnest efforts to get it notified.

NGT directive

It said that the renewal applications as well as similar permits were not considered not just due to the directive of the National Green Tribunal (NGT) but mainly because of the fact that the areas where quarrying was taking place were located in the ESAs identified in the Western Ghat region by the High-Level Working Group constituted by the Union Ministry of Environment and Forests.

The tribunal had made it clear that the directives of the MoEF would remain operative until the Union Ministry finalised and notified the eco sensitive areas as recommended by the government.

However, quarrying outside the ESA was allowed since the direction was not binding on the non ESA villages.

MoEF directives

In fact, the directives of the MoEF mandated States stopping of quarrying operation in ESA villages on expiry of the permit period.

The statement was filed in response to a batch of writ petitions filed by various quarry operations challenging the government decision not to renew licences of quarrying located in the ecologically sensitive areas.

 

Read more »

Marine biodiversity cells mooted for protection of sea turtles

Mini Muringatheri
Thrissur,  
The Hindu, October 21, 2014 

Experts have suggested the formation of national and State-level marine biodiversity cells for the conservation of sea turtles and marine fauna.

The objective of the biodiversity cell will be to coordinate between participatory departments to improve nesting habitats and check causes of mortality.

The national consultation workshop held at the Kerala Forest Research Institute (KFRI) discussed an action plan for the conservation of endemic turtles in peninsular India and sea turtles. Protection of habitats and the nests of the species and the improvement of their quality are the prime concerns of the action plan.

The removal of Casuarina and sand dune management in identified nesting sites have also proposed.

Enhancing community participation in conservation through NGOs, regional co-operation programmes, training workshops and awareness campaigns were also discussed.

There was lack of awareness about the species, particularly with respect to its distribution, breeding biology and habitat requirements. The workshop recommended the inclusion of the importance of conservation in training curriculum for field staff in State forest training schools and forestry colleges.

Five of the seven species of sea turtles found worldwide are reported to occur in Indian coastal waters. They nest along the Indian coastline. Sea turtles are protected under the Indian Wildlife Protection Act, and the trade in turtle products is also prohibited.

The workshop was organised by the KFRI in collaboration with the Wildlife Institute of India and the Ministry of Environment and Forests.

 

Read more »

Eco-sensitive areas: NGT puts ball in MoEF court

Meena Menon
NEW DELHI, 
The Hindu, September 25, 2014 

The National Green Tribunal (NGT) on Wednesday put the onus of deciding eco-sensitive areas (ESA) in the Western Ghats on the Ministry of Environment and Forests (MoEF) and said it would pass judgment in the case on Thursday.

Justice Swatanter Kumar of the NGT pointed out that the latest affidavit filed by the MoEF on Monday had opened up the issue of eco-sensitive areas. He said that the MoEF should take the responsibility for the ESAs and ensure no project came up in the Western Ghats till the ESA was finalised.

The MoEF in its affidavit filed by Secretary Ashok Lavasa said that the ESA as stated in the draft notification [based on the Kasturirangan report] dated March 10, 2014 forms the basis for demarcation of ESAs by physical verification by the State governments of the Western Ghats region.

Such proposals of States received after physical verification would be examined by the Ministry before taking a view on further appropriate action, including issuing a fresh draft notification if required, to seek objections from the public on the proposals received from state governments. So far, only Kerala has submitted its ESA and other States have time till December 15, 2014 to submit proposals.

When counsel for the MoEF said the basis of the ESA was the Kasturirangan report, the NGT asked if areas in excess of the Kasturirangan report were included in the final notification on ESA (as indicated in the MoEF’s latest affidavit) and there were projects happening in those areas, what was the Ministry going to do? Therefore, it indicated that the Ministry should clearly notify the ESA, but did not specify which report it should follow. The NGT asked the Ministry to expedite the demarcation of ESAs and go Statewise instead of waiting for all States to come up with their ESAs.

State’s concern

K.K. Venugopal, counsel for the Kerala government, wanted a clarification on what was the basis of the ESA, to which Justice Kumar said the MoEF should decide this. He said the NGT was not going to interfere in the Ministry’s working.

Mr. Venugopal said Kerala had done everything that was needed and it was concerned whether a new ESA notification would impinge on the State’s ability to carry out projects. However, the MoEF counsel said that Kerala had narrowed down the ESA and it was less than what was recommended in the Kasturirangan report and it would have to be examined.

 

Read more »

Western Ghats: five States yet to submit reports

Divya Gandhi
Bangalore

The Hindu, August 7, 2014 

The six Western Ghats States have just two days to meet the August 9 deadline to submit their “ground-truthing” reports on Eco Sensitive Areas (ESA).

However, barring Kerala, none of the States has responded to the Ministry of Environment and Forests (MoEF), which, according to some environmentalists, betrays more than just bureaucratic inefficiency.

MoEF letter

The MoEF letter was sent out two months ago asking States to corroborate at the village-level, the findings of the Kasturirangan committee report (which had relied largely on satellite imagery).

The Kasturirangan report last year had identified 59,940 sq.km (37 p.c.) of the Western Ghats as ESA: regions where activities such as mining and thermal plants should be banned.

Not formed panels

Karnataka, which has the largest share of the Western Ghats identified as ESA, has not even formed the committees that will conduct surveys at district-level, according to sources in the State’s Environment Department.

As for Goa, the Chief Minister has written to the MoEF asking for more time citing the “rainy season” for their inability to conduct the exercise, said Joint Secretary MoEF, Ajay Tyagi.

Gujarat, Maharashtra and Tamil Nadu have not yet submitted their reports, he added.

According to environmentalist Madhav Gadgil, “States are deliberately avoiding the exercise of ground-truthing because it will not serve vested interests.”

Prof. Gadgil chaired the expert panel that authored the 2012 report on Western Ghats ESA, which the government rejected in favour of the Kasturirangan report in 2013. “This just makes it clear that vested interests dominate State governments as much as they do the Union government,” he alleged.

The concept of ESAs in the Western Ghats has been a contentious one. Kerala, for instance, had expressed its objections to the Kasturirangan committee recommendations that brought 13,108 sq.km under ESA. In its draft notification of March 10, MoEF reduced the geographical area of ESA in Kerala to 9,993.7 sq.km.

The draft notification identifies 56,825 sq.km as ESA in total, with Karnataka accounting for 20,668 sq.km.

In its response to the draft notification, Karnataka agreed to ban mining in ESA, but not quarrying or sand extraction as “a total ban will affect local development and livelihoods very adversely”. The State also called for a reduction in the extent of ESA.

 

Read more »

MoEF team to visit villages in Kerala

Thiruvananthapuram,  
The Hindu, June 7, 2014

A two-member team of officials from the regional office of the Union Ministry of Environment and Forests (MoEF) in Bangalore will carry out a field visit in Kerala as part of the physical verification of the ESA (Ecologically Sensitive Area) maps submitted by the State.

The team comprising Principal Chief Conservator of Forests Amarnath Shetty and Director of MoEF S.K. Susurla arrived here on Friday for a preliminary discussion.

The visit assumes significance in the light of the fact that the Central government is yet to decide between the recommendations of the Madhav Gadgil and K. Kasturirangan committees on the conservation of the Western Ghats.

During the discussions, the MoEF team is understood to have expressed concern over the fragmentation of ESAs in Kerala following the exclusion of human settlements, plantations, and agricultural land. The officials also met Forest Minister Thiruvanchoor Radhakrishnan.

Addressing the media, the Minister said the government would provide all assistance to the MoEF for physical verification of the ESA villages. “The State government is of the view that settlements and farmland should be excluded from the ESA. We have conveyed this to the Centre,” he said.

The MoEF had earlier written to the State government seeking a ‘random sampling ground truthing’ of the ESA maps submitted by Kerala.

The cadastral level maps were prepared by the State government following a draft notification issued by MoEF in March redefining the territorial extent of the ESAs in Kerala.

Earlier, the Kasturirangan committee had earmarked 13,108 sq km across 123 villages in Kerala as ESA. Following protests, the State government had proposed the exclusion of 3,117 sq km from the ESAs.

Read more »

E.S.A Maps: State seeks more time from Centre

T. Nandakumar 
Thiruvananthapuram, May 19, 2014
The Hindu, May 19, 2014 

The State government has requested the Ministry of Environment and Forests (MoEF) for more time to receive objections and suggestions to the cadastral-level ESA (Ecologically Sensitive Area) maps published on the website of the Kerala State Biodiversity Board (KSBB).

The request seeks an extension of 60 days from May 9, the last date prescribed by MoEF to receive complaints on the draft notification redefining the territorial extent of the ESAs in the 123 villages in Kerala identified by the K. Kasturirangan committee for conservation of the Western Ghats. KSBB chairman Oommen V. Oommen said individual complaints had been received since the maps were posted online last week. “Preparing the maps was a time consuming exercise involving panchayat-level committees and various agencies.

Having completed the task just before the expiry of the 60-day period given by MoEF, it is only fair to seek an extension,” Prof. Oommen said.

On Monday, the National Green Tribunal is due to consider the maintainability of the original application filed by the Goa Foundation and others seeking implementation of the Gadgil report.

Read more »

Vultures get on endangered list

K. S. Sudhi
KOCHI,  
The Hindu, March 11, 2011  
Vultures soar high in the sky. But their population chart shows a steep fall over the last one decade. It is estimated that the vulture population has declined by 90 per cent over the last 10 years. The plight of vultures was highlighted by the Union Ministry of Environment and Forest in its list on critically endangered species.
The most regularly found vultures in Kerala are the Indian White-backed and Indian Long-billed ones, which have also been included in the category.
Of the nine species of vultures found in India, Kerala has five including Egyptian vulture, Indian white-backed vulture, Indian long-billed vulture, Cinereous Vulture and Red-headed Vulture. The presence of White-backed and Long-billed vultures was primarily reported from the forest tracts of Wayanad.
However, the presence of other vulture species in the State is irregular, said P.O. Nameer, State coordinator, Indian Bird Conservation Network & Important Bird Area Programme. Vultures were never common in Kerala as there was no ideal habitat for them. They are basically species of open and dry areas and with Kerala being densely vegetated, the State is not generally ideal for them.
They soar high in the sky looking for feed and the thick vegetation found in most parts of the State obstructs their view.
In Kerala, they are mainly found in habitats adjoining Tamil Nadu and Karnataka, he said.
Earlier, there were reports of the species being spotted from Chinnar. However, there are no recent reports of the sightings.
The population of vultures in Wayanad is stable and breeding. Surveys in the region had found around 10 nests of the bird variety, he said.
Unlike the vulture species found in other parts of the country, the ones found in Kerala survive on carcass of wild animals alone.
The birds are not left with cattle carcass to feed on in Kerala as beef is widely consumed here, he said.
 

Read more »