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Core Purpose

Notification under Section 3 of the Environment (Protection) Act, 1986 amending the Eco-Sensitive Zone notification for Netravali Wildlife Sanctuary, Goa, to reconstitute and expand the functions of its Monitoring Committee.

Detailed Summary

The Ministry of Environment, Forest and Climate Change issued Notification S.O. 2651(E) dated 8 July 2024 (F. No. 25/33/2013-ESZ/RE), amending, in exercise of powers under 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, its earlier notification S.O. 555(E) dated 17 February 2015 declaring an Eco-Sensitive Zone around Netravali Wildlife Sanctuary, Goa (last amended by S.O. 3379(E) dated 27 July 2023). The notice requirement under Rule 5(3)(a) was dispensed with as being in the public interest. Paragraph 5 of the principal notification was substituted to reconstitute the Monitoring Committee, chaired ex officio by the Chief Secretary, Government of Goa, and comprising the Member Secretary of the State Pollution Control Board, Principal Secretaries of the Goa departments of Forest and Environment, Rural Development, Agriculture, Urban Development, Housing, Mining, Ports, Transport and Revenue, one ecology/environment expert and one NGO representative (both nominated triennially by the Goa Government), one community-based organisation representative, and the Chief Conservator of Forests (WL) and Chief Wildlife Warden, Goa, as Member Secretary. A new paragraph 5a was inserted defining the Committee's functions, including scrutinising activities under the Schedule to notification S.O. 1533(E) dated 14 September 2006 for referral for environmental clearance, filing complaints under Section 19 of the Act for contraventions, and submitting an annual action-taken report by 30 June each year to the Chief Wildlife Warden. The notification was signed by Dr. S. Kerketta, Scientist "G".

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-08072024-255277 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 2516] NEW DELHI, MONDAY, JULY 8, 2024/ASHADHA 17, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 8th July, 2024 S.O. 2651(E).— WHEREAS, the Central Government, in exercise of the powers conferred by sub-section (1) and clauses (v) and (xiv) of sub-section (2) of section (3) 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 Netravali Wildlife Sanctuary, Goa in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number number S.O. 555 (E), dated the 17th February, 2015; 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. 555 (E), dated the 17th February, 2015; 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 further amendments in the notification of the Government of India in the Ministry of Environment and Forest and Climate Change, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 555 (E), dated the 17th February, 2015, namely:- In the said notification, for paragraphs 5, the following paragraph shall be substituted, namely: - "5. Monitoring Committee. – (1) The Central Government hereby constitutes a Monitoring Committee for effective monitoring of the provisions of this notification consisting of the following persons, namely: +-----+---------------------------------------------------------------------------------------------------+--------------------+ | i. | Chief Secretary, Government of Goa | Chairman, ex officio; | +-----+---------------------------------------------------------------------------------------------------+--------------------+ | ii. | Member Secretary, State Pollution Control Board | Member, ex officio; | +-----+---------------------------------------------------------------------------------------------------+--------------------+ | iii.| Principal Secretary of the Government of Goa from Department of | Members, | | | Forest and Environment, Rural Development, Agriculture, Urban Development, Housing, Mining, Ports, | ex officio; | | | Transport, and Revenue | | +-----+---------------------------------------------------------------------------------------------------+--------------------+ | iv. | One expert in ecology and environment from reputed | Member; | | | institution/university to be nominated by the Government of Goa after every three years | | +-----+---------------------------------------------------------------------------------------------------+--------------------+ | v. | One representative of a non-governmental organisation working in | Member; | | | the field of environment or wildlife including heritage conservation to be nominated by the | | | | Government of Goa after every three years | | +-----+---------------------------------------------------------------------------------------------------+--------------------+ | vi. | One representative of community based organisation to be | Member; | | | nominated by the Government of Goa from after every three years | | +-----+---------------------------------------------------------------------------------------------------+--------------------+ | vii.| Chief Conservator of Forests (WL) and Chief Wildlife Warden, | Member Secretary, | | | Government of Goa | ex officio; | +-----+---------------------------------------------------------------------------------------------------+--------------------+ "5a. 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 are 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 said notification. (2) The activities not covered in the Schedule to the notification referred 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 concerned regulatory authorities. (3) 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. (4) The Monitoring Committee may invite representative or expert from Department, representative from industry associations or stakeholders to assist in its deliberations depending on the requirements on 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 by the 30th June of that year to the Chief Wildlife Warden in pro-forma specified in Annexure IV. (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. 25/33/2013-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. 555(E), dated the 17th February, 2015 and last amended, vide number S.O. 3379(E), dated the 27th July, 2023.

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