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Core Purpose

Notification by the Ministry of Environment, Forest and Climate Change amending the Eco-Sensitive Zone notification around Baraila Lake Salim Ali Jubba Sahni Wildlife Sanctuary, Bihar, to reconstitute the Monitoring Committee.

Detailed Summary

Ministry of Environment, Forest and Climate Change notification S.O. 4337(E) dated 4 October 2024, issued 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, amends the notification declaring an Eco-Sensitive Zone around Baraila Lake Salim Ali Jubba Sahni Wildlife Sanctuary, Bihar, originally issued vide S.O. 3517(E) dated 23 November 2016. The amendment, made by dispensing with the prior notice requirement under clause (a) of sub-rule (3) of rule 5 in the public interest, substitutes paragraph 5 of the original notification to reconstitute the Monitoring Committee comprising: the District Collector, Vaishali District (Chairman, ex officio); one representative each of the Revenue Department, Water Resource Department, and Public Works Department of the State Government of Bihar (Members, ex officio); one representative of the Bihar State Pollution Control Board, Patna (Member, ex officio); one representative of NGOs working in environment/heritage conservation nominated by the State Government of Bihar for three years (Member); an expert in ecology and environment nominated by the Government of Bihar for three years (Member); one representative of the Bihar State Biodiversity Board (Member, ex officio); and the Divisional Forest Officer, Vaishali District (Member-Secretary). The Committee's functions include scrutinizing activities under the Schedule to the notification of the erstwhile Ministry of Environment and Forest vide S.O. 1533(E) dated 14 September 2006 falling in the Eco-Sensitive Zone, referring them for prior environmental clearance, filing complaints under section 19 of the Environment (Protection) Act, 1986, and submitting an annual action-taken report to the Chief Wildlife Warden by 30 June each year. Signed by Dr. S. Kerketta, Scientist "G".

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-05102024-257720 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 3978] NEW DELHI, FRIDAY, OCTOBER 4, 2024/ASVINA 12, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 4 October, 2024 S.O. 4337(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 Baraila Lake Salim Ali Jubba Sahni Wildlife Sanctuary, Bihar in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O.3517(E), dated the 23rd November, 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 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. S.O.3517(E), dated the 23rd November, 2016; 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.3517(E), dated the 23rd November, 2016, 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:- (a) District Collector, Vaishali District Chairman, ex officio; (b) One representative of the Revenue Department, State Government of Bihar Member, ex officio; (c) One representative of the Water Resource Department, State Government of Bihar Member, ex officio; (d) One representative of the Public Works Department, State Government of Bihar Member, ex officio; (e) One representative of Bihar State Pollution Control Board, Patna Member, ex officio; (f) One representative of Non-governmental Organisations working in the field of environment (including heritage conservation) to be nominated Member by the State Government of Bihar for a period of three years. (g) An expert in the area of ecology and environment to be nominated by Member the Government of Bihar for a period of three years. (h) One representative of Bihar State Biodiversity Board Member, ex officio; (i) Divisional Forest Officer, Vaishali District Member-Secretary. (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 are falling in the Eco-sensitive Zone, except for the prohibited activities 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 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 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. (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 a representative or expert from the Department, a representative from the industry associations or stakeholders to assist the committee in its deliberations depending on the requirements on a case to case basis. (6) The Monitoring Committee shall submit the action taken report of its activities annually for the period up to the 31st March of every year to the Chief Wildlife Warden in the State by the 30th June of that year in proforma specified in Annexure-III. (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. 25/31/2015-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. 3517 (E), dated the 23rd November, 2016. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH YADAVA

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