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Union of India - Section

Section 4 in The Wetlands (Conservation and Management) Rules, 2010

4. Restrictions on activities within wetlands.

(1)The following activities within the wetlands shall be prohibited, namely:-
(i)reclamation of wetlands;
(ii)setting up of new industries and expansion of existing industries;
(iii)manufacture or handling or storage or disposal of hazardous substances covered under the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 notified vide S.O. number 966 (E) dated the 27th November, 1989 or the Rules for Manufacture, Use, Import, Export and Storage of Hazardous Micro-organisms/Genetically engineered organisms or cells notified vide GSR number 1037 (E) dated the 5th December, 1989 or the Hazardous Wastes (Management, Handling and Transboundry Movement) Rules, 2008 notified vide S.O. number 2265 (E), dated the 24th 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 months from the date of commencement of these rules;
(v)discharge of untreated wastes and effluents from industries, cities or towns and other human settlements: provided that the practices, if any, existed before the commencement of these rules shall be phased out within a period not exceeding one year from the date of commencement of these rules;
(vi)any construction of a permanent nature except for boat jetties within fifty metres from the mean high flood level observed in the past ten years calculated from the date of commencement of these rules.
(vii)any other activity likely to have an adverse impact on the ecosystem of the wetland to be specified in writing by the Authority constituted in accordance with these rules.
(2)The following activities shall not be undertaken without the prior approval of the State Government within the wetlands, namely :-
(i)withdrawal of water or the impoundment, 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 that the basic nature and character of the biotic community is not adversely affected;
(iv)treated effluent discharges from industries, cities or towns, human settlements and agricultural fields falling within the limits laid down by the Central Pollution Control Board or the State Pollution Control Committee, as the case may be;
(v)plying of motorized boat, if it is not detrimental to the nature and character of the biotic community;
(vi)dredging, only if the wetland is impacted by siltation;
(vii)construction of boat jetties;
(viii)activities within the zone of influence, as per the definition of wetlands, that may directly affect the ecological character of the wetland;
(ix)facilities required for temporary use, such as pontoon bridges, that do not affect the ecological character of the wetland;
(x)aquaculture, agriculture and horticulture activities within the wetland;
(xi)repair of existing buildings or infrastructure including reconstruction activities.
(xii)any other activity to be identified by the Authority.
(3)Notwithstanding anything in sub-rule (1) or sub-rule (2), the Central Government may permit any of the prohibited activities or non-wetland use in the protected wetland on the recommendation of the Authority.
(4)The State Government shall ensure that a detailed Environment Impact Assessment is carried out in accordance with the procedures specified in the notification of the Government of India in the Minister of Environment and Forests S.O. number 1533 (E) dated the September 14th, 2006 as amended from time to time.
(5)No wetland shall be converted to non-wetland use unless the Central Government is satisfied on the recommendation of the Authority that it is expedient in the public interest and reasons justifying the decision are recorded.