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Core Purpose

Amendment under the Environment (Protection) Act, 1986 substituting paragraphs 5 and 6 of the eco-sensitive zone notification (S.O. 3029(E) dated 13th September 2017) to reconstitute the Monitoring Committee and redefine its functions.

Detailed Summary

Exercising powers under sub-section (1) and clauses (v) and (xiv) of sub-sections (2) and (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 Ministry of Environment, Forest and Climate Change issued S.O. 2169(E) dated 3rd June 2024, amending the eco-sensitive zone notification S.O. 3029(E) dated 13th September 2017 (concerning the Pench Tiger Project area near Nagpur) by substituting paragraph 5 to reconstitute the Monitoring Committee, chaired ex officio by the District Collector, Nagpur, and comprising a Government of Maharashtra-nominated NGO representative, the Regional Officer of the State Pollution Control Board, the Senior Town Planning Officer, representatives of the Departments of Revenue, Irrigation and Public Works of Maharashtra, a representative of the Chief Conservator of Forests and Field Director, Pench Tiger Project, Nagpur, an environment/ecology expert nominated by Maharashtra, and the Deputy Conservator of Forests, Nagpur Division as Member Secretary; and by substituting paragraph 6 to redefine the Monitoring Committee's functions, including scrutiny of projects listed in the Schedule to notification S.O. 1553(E) dated 14th September 2006 for referral for prior environmental clearance, scrutiny of unlisted projects in the Eco-Sensitive Zone for referral to Regulatory Authorities, authority for the Member-Secretary, District Collector or Deputy Conservator of Forests to file complaints under section 19 of the Act, ability to invite outside experts, an annual action-taken report due to the Chief Wildlife Warden by 30th June each year, and Central Government directions to the Committee; issued under F. No. 25/205/2015-ESZ-RE and signed by Dr. S. Kerketta, Scientist 'G'.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-04062024-254530 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 2070] NEW DELHI, MONDAY, JUNE 3, 2024/JYAISHTHA 13, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 3rd June, 2024 S.O. 2169(E).—In exercise of the powers conferred by sub-section (1) and clauses (v) and (xiv) of sub- sections (2) and (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 notification number S.O. 3029(E), dated the 13th September, 2017, namely:— In the said notification, - (i) for paragraph 5, the following paragraph shall be substituted, namely:— "5. Monitoring Committee.—The Central Government constitutions a committee for the implementation of this notifications of the following persons specified in the Table below, namely: — +--------+---------------------------------------------------------------------------------------------------+-----------------------+ | Serial | Name of persons | Designation | | number | | | +========+===================================================================================================+=======================+ | 1 | 2 | 3 | +--------+---------------------------------------------------------------------------------------------------+-----------------------+ | (a) | District Collector, Nagpur | Chairman, exofficio; | +--------+---------------------------------------------------------------------------------------------------+-----------------------+ | (b) | A representative of a Non-Governmental Organisation working in the field of environment (including heritage conservation) nominated by the Government of Maharashtra for a period of three years. | Member; | +--------+---------------------------------------------------------------------------------------------------+-----------------------+ | (c) | Regional Officer, State Pollution Control Board, Maharashtra. | Member, exofficio; | +--------+---------------------------------------------------------------------------------------------------+-----------------------+ | (d) | Senior Town Planning Officer | Member, exofficio; | +--------+---------------------------------------------------------------------------------------------------+-----------------------+ | (e) | A representative of Department of Revenue, Government of Maharashtra | Member, exofficio; | +--------+---------------------------------------------------------------------------------------------------+-----------------------+ | (f) | A representative of Department of Irrigation, Government of Maharashtra | Member, exofficio; | +--------+---------------------------------------------------------------------------------------------------+-----------------------+ | (g) | A representative of Public Works Department, Government of Maharashtra | Member, exofficio; | +--------+---------------------------------------------------------------------------------------------------+-----------------------+ | (h) | A representative of Chief Conservator of Forests and Field Director, Pench Tiger Project, Nagpur | Member, exofficio; | +--------+---------------------------------------------------------------------------------------------------+-----------------------+ | (i) | One expert from the area of ecology and environment nominated by the Government of Maharashtra for a period of three years. | Member; | +--------+---------------------------------------------------------------------------------------------------+-----------------------+ | (j) | Deputy Conservator of Forests, Nagpur Division | Member Secretary, exofficio;| +--------+---------------------------------------------------------------------------------------------------+-----------------------+ (ii) for paragraph 6, the following shall be substituted, namely:- "6. Functions of the Monitoring Committee.—(1) The Monitoring Committee shall, based on the actual site- specific conditions scrutinise, the projects and activities covered in the Schedule to the notification of the Government of India in the erstwhile Ministry of Environment and Forest, number S.O. 1553 (E), dated the 14th September, 2006, and are falling in the Eco-sensitive Zone, except for the prohibited activities specified in the Table under paragraph 4 thereof, and refer 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 projects and 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 Regulatory Authorities concerned. (3) The Member-Secretary of the Monitoring Committee or the District Collector or the Deputy Conservator of Forests concerned 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 an 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-V appended to this notification. (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. 25/205/2015-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. 3029(E), dated the 13th September, 2017.

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