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Core Purpose

The Ministry of Environment, Forest and Climate Change amends notification S.O. 70(E) dated 10 January 2017 declaring the Bhimbandh Wildlife Sanctuary Eco-Sensitive Zone in Bihar, by substituting paragraph 5 to reconstitute the Monitoring Committee responsible for scrutinizing activities and environmental clearances within the zone.

Detailed Summary

Under S.O. 3831(E) dated 6 September 2024, the Ministry of Environment, Forest and Climate Change amends notification S.O. 70(E) dated 10 January 2017, which declared an Eco-Sensitive Zone around Bhimbandh Wildlife Sanctuary, Bihar, 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) read with sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, dispensing with the prior-notice requirement in the public interest. Paragraph 5 of the principal notification is substituted to reconstitute the Monitoring Committee, chaired ex officio by the Divisional Commissioner, Munger Division (Revenue), and comprising a non-governmental organisation representative, an Agriculture Department Bihar representative, an ecology/environment expert, a Department of Forests and Environment Bihar representative, the Regional Officer of the Bihar State Pollution Control Board, a Department of Water Resources Bihar representative, a State Biodiversity Board member, and the Divisional Forest Officer (Territorial) as ex officio Member-Secretary. The Committee scrutinises activities listed in the Schedule to notification S.O. 1533(E) dated 14 September 2006 falling within the Eco-Sensitive Zone (excluding prohibited activities under the Table to paragraph 4) and refers them for environmental clearance to the Ministry or the State Environment Impact Assessment Authority, and must submit an annual action-taken report by 30 June each year to the Chief Wildlife Warden in the format at Annexure-V; the Member-Secretary, Collector or Deputy Conservator of Forests may file complaints under Section 19 of the Act. The notification is issued under file number 25/198/2015-ESZ-RE and signed by Dr. S. Kerketta, Scientist 'G'.

Full Text

5727 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 3501] NEW DELHI, FRIDAY , SEPTEMBER 6, 2024/BHADRA 15, 1946 CG-DL-E-07092024-256983 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 6th September , 2024 S.O. 3831(E).— WHEREAS , the Central G overnment, 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 Bhimbandh Wildlife Sanctuary, Bihar in the Gazette of India, Extraordinary, Part-II, Section 3, Sub -section (ii), vide number S.O.70(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. 70(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. 70(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) Divisional Commissioner, Munger Division Revenue Chairman, ex officio ; (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 the 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 concerned Collector or the Deputy Conservator of Forests shall be competent to file complaint under section 19 of the Environment (Protection) Act, 1986 (29 of 1986) against any person who contravenes the provisions of this notification. (5) The Monitoring Committee may invite representative or expert from concerned Department, representative from 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 -V, 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. 25/198/2015 -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. 70 (E), dated the 10th January , 2017 . Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054. (ii) One representative of a non -governmental organisation working in the field of environment or wildlife (including heritage conservation) nominated by the Government of Bihar after every three years. Member; (iii) One representative of Agriculture Department, Government of Bihar Member , ex officio ; (iv) One expert in the area of ecology or environment to be nominated by the Government of Bihar for every three years. Member; (v) One r epresentati ve of Department of Forests and Environment, Government of Bihar Member , ex officio ; (vi) Regional Officer, Bihar State Pollution Control Board Member , ex officio ; (vii) One Representati ve of Department of Water Resources, Government of Bihar Member , ex officio ; (viii) One Member State Biodiversity Board Member , ex officio ; (ix) Divisional Forest Officer , Territorial Member Secretary, ex officio.

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