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Core Purpose

Notification by the Ministry of Environment, Forest and Climate Change under section 3 of the Environment (Protection) Act, 1986 amending paragraphs 5 and 6 of notification S.O. 1367(E) dated 28th April 2017 to reconstitute the Monitoring Committee and its functions for the Eco-Sensitive Zone.

Detailed Summary

The Ministry of Environment, Forest and Climate Change, vide S.O. 2579(E) dated 3rd July 2024, in exercise of powers under sub-section (1) and clauses (v) and (xiv) of sub-section (2) 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, amended its earlier notification S.O. 1367(E) dated 28th April 2017 by substituting paragraphs 5 and 6. The Ministry dispensed with the notice requirement under sub-rule (3)(a) of rule 5, invoking sub-rule (4), as being in the public interest. The amended paragraph 5 reconstitutes the Monitoring Committee, chaired ex-officio by the Collector, Ahmednagar District, with members including representatives of the Collectors of Nashik, Pune and Thane; representatives of Zila Parishads of Nashik, Pune, Thane and Ahmednagar; the Senior Town Planner; a representative of the Maharashtra State Pollution Control Board; a representative of the Additional Principal Chief Conservator of Forest (Wildlife), Nashik; a nominated NGO representative and an ecology/environment expert, each nominated by the Government of Maharashtra every three years; a Member-Secretary or Member of the Maharashtra State Biodiversity Board; and the Sub Divisional Forest Officer, Sangamner Forest Sub Division, as Member-Secretary. The amended paragraph 6 defines the Committee's functions, including scrutiny of activities under the Schedule to notification S.O. 1533(E) dated 14th September 2006 in the Eco-Sensitive Zone, excluding prohibited activities under paragraph 4, referral for environmental clearance, filing complaints under section 19 of the Act, and submission of an annual action-taken report by 30th June each year to the Chief Wildlife Warden. Signed by Dr. S. Kerketta, Scientist G.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-03072024-255122 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 2444] NEW DELHI, WEDNESDAY, JULY 3, 2024/ASHADHA 12, 1946 3963 GI/2024 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 3rd July, 2024 S.O. 2579(E).—Whereas the Central Government, in exercise of the powers conferred by sub-section (1) and clauses (v) and (xiv) of sub-section (2) of section (3) 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 in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 1367(E), dated the 28th April, 2017; 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. 1367(E), dated the 28th April, 2017; 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 in the Ministry of Environment and Forest and Climate Change, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide notification number S.O. 1367(E), dated the 28th April, 2017, namely:- In the said notification, for paragraphs 5 and 6, the following paragraphs shall be substituted, namely:- "5. Monitoring Committee. – The Central Government hereby constitute a Monitoring Committee consisting of the following persons, namely: - +-----+------------------------------------------------------------------------+-------------------------+ | | Description | Role | +=====+========================================================================+=========================+ | (i) | Collector, Ahmednagar District | Chairman, ex-officio; | +-----+------------------------------------------------------------------------+-------------------------+ | (ii)| Representative of Collectors of Nashik, Pune and Thane | Member, ex-officio; | +-----+------------------------------------------------------------------------+-------------------------+ | (iii)|Representative of Zila Parishads of Nashik, Pune, Thane and Ahmednagar| Member, ex-officio; | +-----+------------------------------------------------------------------------+-------------------------+ | (iv)| Senior Town Planner of the area | ex-officio, Member; | +-----+------------------------------------------------------------------------+-------------------------+ | (v) | Representative of Maharashtra State Pollution Control Board | | +-----+------------------------------------------------------------------------+-------------------------+ | (vi)| Representative of Additional Principal Chief Conservator of Forest | ex-officio, Member; | | | (Wildlife), Nashik | | +-----+------------------------------------------------------------------------+-------------------------+ | (vii)|A representative of a Non-governmental Organisation working in the | Member; | | |field of environment (including heritage conservation) to be nominated| | | |by the Government of Maharashtra from time to time every three years. | | +-----+------------------------------------------------------------------------+-------------------------+ | (viii)|One expert in the area of ecology and environment to be nominated by | Member; | | |the Government of Maharashtra from time to time every three years. | | +-----+------------------------------------------------------------------------+-------------------------+ | (ix)| Member- Secretary or Member of Maharashtra State Biodiversity Board | Member, ex-officio; | +-----+------------------------------------------------------------------------+-------------------------+ | (x) | Sub Divisional Forest Officer, Sangamner Forest Sub Division | ex-officio, Member | | | | Secretary." | +-----+------------------------------------------------------------------------+-------------------------+ 6. Functions of the Monitoring Committee. – (1) 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 Forests, vide number S.O. 1533 (E), dated the 14th September, 2006, and 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 said notification. (2) The activities not covered in the Schedule to the notification refereed to in sub-paragraph(1) and 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. (3) The Member-Secretary of the Monitoring Committee or the concerned Collector or the concerned 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. (4) The Monitoring Committee may invite representative or expert from concerned Department, representative from industry associations or concerned stakeholders to assist in its deliberations depending on the requirements on case to case basis. (5) 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 of the State in pro-forma specified in Annexure-IV. (6) 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. 25/93/2015-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. 1367(E), dated the 28th April, 2017.

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