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Core Purpose

Notification amending the Eco-Sensitive Zone notification for Abohar Wildlife Sanctuary, Punjab, under section 3 of the Environment (Protection) Act, 1986.

Detailed Summary

The Ministry of Environment, Forest and Climate Change issued S.O. 4817(E) dated 5th November 2024, 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, amending the notification declaring an Eco-Sensitive Zone around Abohar Wildlife Sanctuary, Punjab (originally issued vide S.O. 2638(E) dated 5th August 2016). The Central Government dispensed with the requirement of prior notice under sub-rule (3)(a) of rule 5, deeming it in the public interest. The amendment substitutes paragraphs 5 and 6 of the principal notification: paragraph 5 reconstitutes the Monitoring Committee, chaired ex officio by the Chief Conservator of Forests (Wildlife), Government of Punjab, with members including representatives of the Department of Rural Development and Panchayat, the Punjab State Pollution Control Board, the Department of Rural Development and Housing, the Agriculture Department, the District Collector of Ferozepur, the State Biodiversity Board (all ex officio), one NGO representative and one ecology/environment expert (both nominated by the Government of Punjab for three years), and the Divisional Forest Officer (in-charge of the Protected Area) as Member Secretary; paragraph 6 sets the Committee's functions, including scrutinizing activities under the Schedule to notification S.O. 1533(E) dated 14th September 2006 (excluding prohibited activities under the Table in paragraph 4) and referring them for clearance to the Ministry of Environment, Forest and Climate Change or the State Environment Impact Assessment Authority; scrutinizing non-Scheduled activities and referring them to relevant regulatory authorities; empowering the Member-Secretary, Collector, or Deputy Conservator of Forests to file complaints under section 19 of the Environment (Protection) Act, 1986; requiring an annual action-taken report to the Chief Wildlife Warden by 30th June each year; and allowing the Central Government to issue written directions to the Committee. Signed by Dr. S. Kerketta, Scientist "G" (F. No. 25/27/2014-/ESZ/RE).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-06112024-258477 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 4436] NEW DELHI, TUESDAY, NOVEMBER 5, 2024/KARTIKA 14, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 5th November, 2024 S.O. 4817(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 Abohar Wildlife Sanctuary, Punjab in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 2638 (E), dated the 5th August, 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. 2638 (E), dated the 5th August, 2016; NOW, THEREFORE, in exercise of the powers conferred by 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, 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. 2638 (E), dated the 5th August, 2016, namely:- In the said notification, for paragraph 5 and 6, 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:- (i) The Chief Conservator of Forests (Wildlife), Government of Chairman, ex officio; Punjab (ii) One representative of Department of Rural Development and Member, ex officio; Panchayat, Government of Punjab (iii) Regional Officer, Punjab State Pollution Control Board Member, ex officio; (iv) One representative of Non-governmental Organisations working in the field of environment (including heritage conservation) to be Member; nominated by the Government of Punjab for a period of three years. (v) One expert in the area of ecology and environment to be nominated Member; by the Government of Punjab for a period of three years. (vi) One representative of Department of Rural Development and Member, ex officio; Housing Department, Government of Punjab (vii) One representative of Agricultural, Government of Punjab Member, ex officio; (viii) One representative of District Collector of Ferozepur Member, ex officio; (ix) One representative of State Biodiversity Board Member, ex officio; (x) Divisional Forest Officer (In-charge of Protected Area) Member Secretary, ex officio. 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, vide number S.O. 1533 (E), dated the 14th September, 2006, and 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 maybe, for prior environmental clearances under the provisions of that 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 regulatory authorities concerned. (3) The Member-Secretary of the Monitoring Committee or the concerned 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. (4) The Monitoring Committee may invite a representative or expert from the Department, a representative from 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 annual action taken report of its activities for the period up to the 31st March of every year to the Chief Wildlife Warden in proforma specified in Annexure-IV, by the 30th June of that year. (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. 25/27/2014-/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. 2638 (E), dated the 5th August, 2016.

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