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Core Purpose

Amendment under section 3 of the Environment (Protection) Act, 1986 to the notification declaring an Eco-sensitive Zone around Madei Wildlife Sanctuary, Goa, reconstituting the Monitoring Committee for effective monitoring of the notification's provisions.

Detailed Summary

The Ministry of Environment, Forest and Climate Change issued S.O. 3754(E) dated 3rd September 2024, amending, 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 (3) of rule 5 of the Environment (Protection) Rules, 1986, its earlier notification declaring an Eco-sensitive Zone around Madei Wildlife Sanctuary, Goa (S.O. 616(E) dated 25th February 2015, last amended by S.O. 3384(E) dated 28th July 2023), dispensing with prior notice under rule 5(3)(a) as permitted by rule 5(4) in the public interest. Paragraph 5 of the principal notification is substituted to reconstitute the Monitoring Committee, chaired ex officio by the Chief Secretary, Government of Goa, with the Member-Secretary of the State Pollution Control Board, Principal Secretaries from several Goa government departments (Forest and Environment, Rural Development, Agriculture, Urban Development, Housing, Mining, Ports, Transport and Revenue), a nominated ecology/environment expert, an NGO representative and a community-based organisation representative (nominated triennially by the Government of Goa), and the Chief Conservator of Forests, Goa (ex officio Member Secretary). The Committee is tasked with scrutinising activities under the Schedule to the 2006 notification (S.O. 1533(E) dated 14th September 2006) falling in the Eco-sensitive Zone (excluding prohibited activities) and referring them for environmental clearance, filing complaints under section 19 of the Act for contraventions, and submitting an annual action-taken report by 30th June each year to the Chief Wildlife Warden. Signed by Dr. S. Kerketta, Scientist 'G' (File No. 25/35/2013-ESZ-RE).

Full Text

5623 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 3424 ] NEW DELHI, TUES DAY , SEPTEMBER 3, 2024 /BHADRA 12, 194 6 CG-DL-E-03092024-256870 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 3rd September , 2024 S.O. 3754 (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 Madei Wildlife Sanctuary, Goa in the Gazette of India, Extraordinary, Part -II, Section 3, Sub -section (ii), vide notification number S.O. 616(E), dated the 25th February, 2015; AND WHEREAS, the Central Government is of the opinion that 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 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. 616 (E), dated the 25th February, 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) 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. 616(E), dated the 25th February, 2015, namely: - In the said notification, for paragraph 5, the following paragraph shall be substituted, namely: “5. Monitoring Committee - The Central Government hereby constitutes a Monitoring Committee for effective monitoring of the provisions of this notification consisting of the following persons, namely: - (i) Chief Secretary, Government of Goa Chairman, ex officio; (ii) Member -Secretary, State Pollution Control Board Member, ex officio; (iii) Principal Secretary of the Government of Goa from Department of Forest and Environment, Rural Development, Members, ex officio; Agriculture, Urban Development, Housing, Mining, Ports, Transport, and Revenue (iv) One expert in ecology and environment from reputed institution or university to be nominated by the Government of Goa after every three years Member; (v) One representative of a non -governmental organisation working in the field of environment or wildlife including heritage conservation to be nominated by the Government of Goa after every three years Member; (vi) One representative of community based organisation to be nominated by the Government of Goa after every three years Member; (vii) Chief Conservator of Forests, Government of Goa 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, and 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 maybe, for prior environmental clearances under the provisions of that notification. (3) The activities not covered in the Schedule to the notification referred to in sub -paragraph (2) 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. (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 Department, 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 -IV, 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. 25/35/2013 -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. 616(E), dated the 25th February, 2015 and was last amended, vide number S.O. 3384(E), dated the 28th July, 2023. 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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