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Core Purpose

Notification amending the Eco-Sensitive Zone notification for Rajgir Wildlife Sanctuary, Bihar (S.O. 71(E) dated 10th January, 2017) by substituting the composition and functions of the Monitoring Committee under the Environment (Protection) Act, 1986.

Detailed Summary

The Ministry of Environment, Forest and Climate Change issued Notification S.O. 3184(E) dated 6th August 2024, amending, in exercise of 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) read with sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, the earlier notification declaring an Eco-Sensitive Zone around Rajgir Wildlife Sanctuary, Bihar (S.O. 71(E) dated 10th January 2017), having dispensed with the notice requirement under clause (a) of sub-rule (3) of rule 5 of those Rules in the public interest; paragraph 5 of the principal notification was substituted to reconstitute the Monitoring Committee, chaired ex officio by the Commissioner of Patna, Revenue Division, with ex officio members from the Department of Mines and Geology and the Department of Tourism, Government of Bihar, the Bihar State Pollution Control Board, the Archaeological Survey of India (Patna Circle) and the State Biodiversity Board, a nominated NGO representative and an ecology/environment expert (each for three years), and the Divisional Forest Officer, Nalanda Forest Division as Member-Secretary; the Committee is tasked with scrutinising site-specific activities covered under the Schedule to notification S.O. 1533(E) dated 14th September 2006 (excluding prohibited activities under paragraph 4 of that notification) and referring them for prior environmental clearance, submitting an annual action-taken report by 30th June each year to the Chief Wildlife Warden, and the notification is signed by Dr. S. Kerketta, Scientist 'G' (File No. 25/29/2015-ESZ-RE).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-07082024-256151 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 3035] NEW DELHI, TUESDAY, AUGUST 6, 2024/ SHRAVANA 15, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 6th August, 2024 S.O. 3184(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 Rajgir Wildlife Sanctuary, Bihar in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O.71(E), dated the 10th January, 2017; 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. 71(E), dated the 10th January, 2017; 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. 71(E), dated the 10th January, 2017, 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:- (i) The Commissioner of Patna, Revenue Division, Patna Chairman, ex officio; (ii) One representative of Department of Mines and Geology, Government of Bihar Member, ex officio; (iii) One representative of Department of Tourism, Government of Bihar Member, ex officio; (iv) Regional Officer, Bihar State Pollution Control Board Member, ex officio; (v) One representative of Non-Governmental Organisations working in the field of environment, (including heritage conservation) to be nominated by the Government of Bihar for three years. Member; (vi) One expert in the area of ecology and environment to be nominated by the Government of Bihar for three years. Member; (vii) One representative of Archaeological Survey of India, Patna Circle. Member, ex officio; (viii) One Member from State Biodiversity Board Member, ex officio; (xi) Divisional Forest Officer, District Nalanda Forest Division 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 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 may be, 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 a representative or expert from the Department, a representative from the 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 pro forma specified in Annexure-III, 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. 25/29/2015-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. 71 (E), dated the 10th January, 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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