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Core Purpose

Notification amending paragraph 5 of the Eco-Sensitive Zone notification for Melghat Tiger Reserve, Maharashtra, to reconstitute the Monitoring Committee under the Environment (Protection) Act, 1986.

Detailed Summary

The Ministry of Environment, Forest and Climate Change, exercising powers under 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, issued S.O. 3739(E) dated 2nd September 2024 amending the earlier Eco-Sensitive Zone notification for Melghat Tiger Reserve, Maharashtra (S.O. 4205(E) dated 27th December 2016), dispensing with the prior notice requirement under rule 5(3)(a) in the public interest; the amendment substitutes paragraph 5 to reconstitute a 15-member Monitoring Committee chaired by the Collector, Amravati, comprising representatives of the Collectors of Akola and Buldhana, a nominated NGO representative, the Regional Officer of the Maharashtra State Pollution Control Board, the Senior Town Planner, a representative of the Maharashtra Department of Environment, a nominated ecology/environment expert, a representative of the Maharashtra State Biodiversity Board, and Deputy Conservators of Forests of the West Melghat, Akot Wildlife, Akola, Buldhana and East Melghat Divisions (the last serving as Member-Secretary), and adds new paragraph 5A defining the Committee's functions, including scrutiny of activities under the Schedule to notification S.O. 1533(E) dated 14th September 2006, referral for environmental clearance, filing complaints under section 19 of the Act, and submission of an annual action-taken report to the Chief Wildlife Warden by 30th June each year.

Full Text

5602 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 3409] NEW DEL HI, MON DAY , SEPTEMBER 2, 2024 /BHADRA 11, 194 6 CG-DL-E-03092024-256858 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 2nd September , 2024 S.O. 3739(E).— Whereas the Cent ral 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 Melghat Tiger Reserve, Maharashtra in the Gazette of India, Extraordinary, Part -II, Section 3, Sub -section (ii), vide number S.O. 4205(E), dated the 27th December, 2016; 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 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 the notice under clause (a) of sub -rule (3) of rule 5 of the Environment (Protection) Rules, 1986 for amending the notification number S.O.4205(E), dated the 27th December, 2016; Now, therefore, in exercise of the of the powers conferred by the sub -section (1) and clauses (v) and (xiv) of sub -section (2) and sub -section(3) of section 3 of Environment (Protection) Act, 1986, (29 of 1986) read with the 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, Forest and Climate Change, published in the Gazette of India, Extraordinary, Part -II, section 3, Sub -section (ii), vide number S.O. 4205(E), dated the 27th December, 2016, namely: - In the said notification, for paragraph 5, the following paragraph shall be respectively substituted, namely: - “5. Monitoring Committee - The Central Government hereby constitutes a Monitoring Committee consisting of the following persons, namely: - (i) Collector, Amravati -Chairman ,ex officio (ii) A representative of Collector, Akola - Member ,ex officio (iii) A representative of Collector, Buldhana -Member ,ex officio (iv) A representative of Non -governmental Organisation working in the field of environment to be nominated by the Government of Maharashtra from time to time every three years -Member ; (v) Regional Officer, Maharashtra State Pollution Control Board -Member , ex officio (vi) Senior Town Planner of the area -Member , ex officio (vii) A representative of the Department of Environment, Government of Maharashtra -Member , ex officio (viii) One expert in the area of ecology and environment to be nominated by the Government of Maharashtra from time to time every three years. -Member; (ix) Member -Secretary or Member, Maharashtra State Biodiversity Board -Member , ex officio (x) Deputy Conservator of Forests, West Melghat Division -Member , ex officio; (xi) Deputy Conservator of Forests, Akot Wildlife Division -Member , ex officio ; (xii) Deputy Conservator of Forests, Akola Division -Member , ex officio; (xiii) Deputy Conservator of Forests, Buldhana Division -Member , ex officio; (xiv) Representative of Field Director, Melghat Tiger Reserve -Member , ex officio ; (xv) Deputy Conservator of Forests, East Melghat Division -Member -Secretary , ex officio , 5A. Functions of 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 referred 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, as it deems fit, to the Monitoring Committee for effective discharge of its functions.” [F. No. 25/45/201 4-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. 4205(E), dated the 27th Dec, 2016. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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