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Core Purpose

Notification by the Ministry of Environment, Forest and Climate Change amending the composition and functions of the Monitoring Committee for the eco-sensitive zone under Section 3 of the Environment (Protection) Act, 1986.

Detailed Summary

By S.O. 2629(E) dated 5th July, 2024, the Ministry of Environment, Forest and Climate Change, exercising powers 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), amended its earlier notification S.O. 1858(E) dated 8th June, 2017 by substituting paragraphs 5 and 6; the revised paragraph 5 reconstitutes the Monitoring Committee with the Deputy Commissioner, Shimla as ex officio Chairman, and members comprising one NGO representative working in Environment/Wildlife (including heritage conservation) nominated by the Himachal Pradesh State Government for a three-year term, one ecology/environment expert similarly nominated, the Member Secretary or Member of the Himachal Pradesh State Biodiversity Board, the Executive Engineer of the Himachal Pradesh State Pollution Control Board, the Senior Town Planner of the area, and the Divisional Forest Officer (Territorial), Shimla, with the Divisional Forest Officer (Wildlife), Shimla as ex officio Member Secretary; the revised paragraph 6 empowers the Monitoring Committee to scrutinise activities under the Schedule to notification S.O. 1533(E) dated 14th September, 2006 falling within the Eco-Sensitive Zone (excluding activities prohibited under the Table to paragraph 4), referring them for prior environmental clearance to the Central Government or the State Environment Impact Assessment Authority, to scrutinise non-Schedule activities and refer them to concerned regulatory authorities, to authorise the Member-Secretary, the Deputy Commissioner or the Deputy Conservator of Forests to file complaints under section 19 of the Environment (Protection) Act, 1986, to invite departmental or industry experts as needed, and to submit an annual action-taken report (for the period up to 31st March) to the Chief Wildlife Warden by 30th June each year in the format at Annexure-III; filed under F. No. 25/47/2015-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-06072024-255223 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 2494] NEW DELHI, FRIDAY, JULY 5, 2024/ASHADHA 14, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 5th July, 2024 S.O. 2629(E). In exercise of the powers conferred by sub-section (1) and clause (v) and clause (xiv) of sub- section (2) and sub-section (3) of section 3 of the Environment (Protection) Act, 1986 (29 of 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. 1858(E), dated the 08th June, 2017, namely:- In the said notification, (a) for paragraph 5, - the following paragraph shall be substituted, namely: - "5. Monitoring Committee. The Central Government constitutes a Committee to be known as Monitoring Committee which shall comprise of the following persons namely: +-----+-------------------------------------------------------------------------------------+-----------------------+ | No. | Member Description | Role | +=====+=====================================================================================+=======================+ | (1) | Deputy Commissioner, Shimla | Chairman, ex officio; | +-----+-------------------------------------------------------------------------------------+-----------------------+ | (2) | One representative of a Non-Governmental Organisation working in the field of | Member; | | | Environment/Wildlife (including heritage conservation) nominated by the State | | | | Government of Himachal Pradesh from time to time every three years | | +-----+-------------------------------------------------------------------------------------+-----------------------+ | (3) | One expert in ecology and environment from a reputed Institution or University | Member; | | | nominated by the State Government of Himachal Pradesh from time to time every | | | | three years | | +-----+-------------------------------------------------------------------------------------+-----------------------+ | (4) | Member Secretary or Member, Himachal Pradesh State Biodiversity Board | Member, ex officio; | +-----+-------------------------------------------------------------------------------------+-----------------------+ | (5) | Executive Engineer, Himachal Pradesh State Pollution Control Board | Member, ex officio; | +-----+-------------------------------------------------------------------------------------+-----------------------+ | (6) | Senior Town Planner of the area | Member, ex officio; | +-----+-------------------------------------------------------------------------------------+-----------------------+ | (7) | Divisional Forest Officer, (Territorial), Shimla | Member, ex officio; | +-----+-------------------------------------------------------------------------------------+-----------------------+ | (8) | Divisional Forest Officer (Wildlife), Shimla | Member Secretary, | | | | ex officio; | +-----+-------------------------------------------------------------------------------------+-----------------------+ (b) for paragraph 6, - the following paragraph shall be substituted, namely: "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 Forest, 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 said notification. (2) The activities not covered in the Schedule to the notification referred to in sub-paragraph (1) and are 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 Deputy Commissioner 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. (4) 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. (5) 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 of the State by the 30th June of that year in proforma specified in Annexure-III. (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. 25/47/2015-ESZ-RE] Dr. S. KERKETTA, Scientist "G" Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-sectio (ii), vide notification number S.O. 1858(E), dated the 08th June, 2017. 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.

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