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Core Purpose

Notification amending paragraph 5 (constitution and functions of the Monitoring Committee) of the Eco-Sensitive Zone notification for Kaimur Wildlife Sanctuary, Bihar.

Detailed Summary

By notification S.O. 3736(E) dated 2nd September 2024, the Ministry of Environment, Forest and Climate Change, exercising powers under sub-section (1), clauses (v) and (xiv) of sub-section (2), and sub-section (3) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, amended its earlier notification S.O. 3549(E) dated 30th December 2015, which had declared an Eco-Sensitive Zone around Kaimur Wildlife Sanctuary, Bihar. Citing public interest, the Central Government dispensed with the notice requirement under clause (a) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986. The amendment substitutes paragraph 5 of the original notification, reconstituting the Monitoring Committee to include, as members ex officio: the Divisional Commissioner, Patna Revenue Division (Chairman); the Conservator of Forest of Kaimur Wildlife Sanctuary, Government of Bihar; representatives of the Department of Mines and Geology, the District Soil Conservation Officer (Rohtas/Kaimur), the Bihar State Pollution Control Board, the Agriculture Department, and the Urban Development and Housing Department (Rohtas/Kaimur); the District Collector of Rohtas or Kaimur; the Divisional Forest Officer, Kaimur; and the Divisional Forest Officer, Rohtas (Member Secretary); plus one NGO representative and one ecology/environment expert, both nominated by the Government of Bihar for three-year terms. The revised paragraph assigns the Monitoring Committee responsibility for scrutinizing activities under the Schedule to the earlier notification S.O. 1533(E) dated 14th September 2006 (excluding prohibited activities under the Table in paragraph 4) and referring them for prior environmental clearance to the Ministry of Environment, Forest and Climate Change or the State Environment Impact Assessment Authority; empowers the Member-Secretary, Collector, or Deputy Conservator of Forests to file complaints under section 19 of the Environment (Protection) Act, 1986; and requires an annual action-taken report to the Chief Wildlife Warden by 30th June each year covering the period up to 31st March. The notification (F. No. 25/22/2014-ESZ-RE) was signed by Dr. S. Kerketta, Scientist "G".

Full Text

5595 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 3406 ] NEW DELHI, MON DAY , SEPTEMBER 2, 2024 /BHADRA 11, 194 6 CG-DL-E-02092024-256836 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 2nd September , 2024 S.O. 3736 (E).—WHEREAS, the Central Government, in exercise of the powers conferred by sub -section (1) and clauses (v) and (xiv) of sub -section (2) and sub -section (3) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub -rule (3) of rule 5 of the Environment (Protection) Rules, 1986, issued a notification to declare an Eco -Sensitive Zone around Kaimur Wildlife Sanctuary, Bihar in the Gazette of India, Extraordinary, Part - II, Section 3, Sub -section (ii), vide number S.O. 3549 (E), dated the 30th December, 2015; AND WHEREAS, the Central Government is of the opinion that it is necessary and expedient in the public interest to amend the said notification; AND WHEREAS, sub -rule (4) of rule 5 of the Environment (Protection) Rules, 1986 provides that whenever it appears to the Central Government that it is in the public interest to do so, it may dispense with the requirement of notice under clause (a) of sub -rule (3) of rule 5 of the Environment (Protection) Rules, 1986; AND WHEREAS, the Central Government is of the opinion that it is in the public interest to dispense with the requirement of notice under clause (a) of sub -rule (3) of rule 5 of the Environment (Protection) Rules, 1986 for amending the notification number S.O. 3549(E), dated the 30th December, 2015; NOW, THEREFORE, in exercise of the powers conferred by sub -section (1) and clauses (v) and (xiv) of sub - section (2) and sub -section(3) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub -rule (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following amendments in the notification of the Government of India, Ministry of Environment, Forest and Climate Change, published in the Gazette of India, Extraordinary, Part -II, Section 3, Sub -section (ii), vide number S.O.3549 (E), dated the 30th December, 2015, namely: - In the said notification, for paragraph 5, the following paragraphs shall be substituted, namely: - “5. Monitoring Committee . - (1) The Central Government hereby constitutes a committee for effective monitoring of the Provisions of this notification consisting of the following persons, namely: - (i) Divisional Commissioner, Patna Revenue Division Chairman , ex officio ; (ii) The Conservator of Forest of the Kaimur Wildlife Sanctuary, Government of Bihar Member , ex officio ; (iii) One r epresentative of the Department of Mines and Geology, Government of Bihar Member , ex officio, ; (iv) One r epresentative of the District Soil Conservation Officer, Rohtas or Kaimur Member , ex officio ; (v) One representative of Non -governmental Organisations working in the field of environment including heritage conservation nominated by the Government of Bihar for every three years. Member; (vi) One expert in the area of ecology or environment nominated by the Government of Bihar for every three years. Member; (vii) Regional Officer, Bihar State Pollution Control Board Member , ex officio ; (viii) One r epresentative of Rohtas districts or Kaimur , Agriculture Department, Government of Bihar Member , ex officio ; (ix) One r epresentative of Rohtas districts or Kaimur, Urban Development and Housing Department, Government of Bihar (x) District Collector of Rohtas or Kaimur Member , ex officio ; (xi) Divisional Forest Officer, Kaimur Member , ex officio ; (xii) Divisional Forest Officer, Rohtas Member Secretary , ex officio .” (2) The Monitoring Committee shall, based on the actual site -specific conditions scrutinise, the activities covered in the Schedule to the notification of the Government of India in the erstwhile Ministry of Environment and Forest, vide number S.O. 1533 (E), dated the 14th September, 2006, are falling in the Eco-sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4 thereof, and referred to the Central Government in the Ministry of Environment, Forest and Climate Change or the State Environment Impact Assessment Authority, as the case may be, for prior environmental clearances under the provisions of the that notification. (3) The activities not covered in the Schedule to the notification referred to in sub -paragraph (2) and are falling in the Eco -sensitive Zone, except for the prohibited activities as specified in the Table under paragraph 4 thereof, shall be scrutinised by the Monitoring Committee based on the actual site -specific conditions and referred to the concerned regulatory authorities. (4) The Member -Secretary of the Monitoring Committee or the Collector or the Deputy Conservator of Forests shall be competent to file complaint under section 19 of the Environment (Protection) Act, 1986 against any person who contravenes the provisions of this notification. (5) The Monitoring Committee may invite representative or expert from the Department concerned, representative from industry associations or stakeholders to assist in its deliberations depending on the requirements on case to case basis. (6) The Monitoring Committee shall submit the annual action taken report of its activities for the period up to the 31st March of every year by the 30th June of that year to the Chief Wildlife Warden in proforma specified in Annexure -III, appended to this notification. (7) The Central Government may give such directions in writing, as it deems fit, to the Monitoring Committee for effective discharge of its functions.’’. [F. No. 25/22/2014 -ESZ-RE] Dr. S. KERKETTA , Scientist “G” Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide notification number S.O. 3549 (E), dated the 30th December, 2015. Uploaded by Dte. of Printing at Government of India Pres s, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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