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Core Purpose

Notification under section 3 of the Environment (Protection) Act, 1986 amending the Eco-Sensitive Zone notification S.O. 1813(E) dated 7th June 2017 to reconstitute the Monitoring Committee and redefine its functions.

Detailed Summary

The Ministry of Environment, Forest and Climate Change, vide S.O. 2680(E) dated 10th July 2024, 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), amended its earlier notification S.O. 1813(E) dated 7th June 2017 (the Eco-Sensitive Zone notification). Paragraph 5 was substituted to reconstitute the Monitoring Committee, comprising the Deputy Commissioner, Shimla (Chairman, ex officio); one NGO representative working in environment/wildlife/heritage conservation, nominated triennially by the Himachal Pradesh State Government; one ecology/environment expert from a reputed institution, similarly nominated; a Member of the Himachal Pradesh State Biodiversity Board; the Executive Engineer, Himachal Pradesh State Pollution Control Board; the Senior Town Planner of the area; the Deputy Conservator of Forest (Wildlife), Shimla; and the Divisional Forest Officer (Territorial), Kunihar, as Member Secretary, all ex officio except the two nominated members. Paragraph 6 was substituted to redefine the Committee's functions: scrutinising, based on site-specific conditions, activities listed in the Schedule to notification S.O. 1533(E) dated 14th September 2006 that fall in the Eco-Sensitive Zone (excluding prohibited activities under paragraph 4) and referring them to the Central Government/Ministry of Environment, Forest and Climate Change or the State Environment Impact Assessment Authority for prior environmental clearance; scrutinising non-scheduled activities in the Eco-Sensitive Zone and referring them to concerned regulatory authorities; authorising the Member-Secretary, Deputy Commissioner, or Deputy Conservator of Forests to file complaints under section 19 of the Act; permitting the Committee to invite experts or industry/stakeholder representatives; requiring an annual action-taken report, for the year up to 31st March, to the Chief Wildlife Warden by 30th June, using the proforma in Annexure-III; and empowering the Central Government to issue written directions to the Committee. File No. 25/125/2015-ESZ-RE, signed by Dr. S. Kerketta, Scientist "G".

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-10072024-255309 EXTRAORDINARY PART II-Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 2545] NEW DELHI, WEDNESDAY, JULY 10, 2024/ASHADHA 19, 1946 4116 GI/2024 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 10th July, 2024 S.O. 2680(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. 1813(E), dated the 07th 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: +-----------------------------------------------------------------------------------------------------+--------------------+ | Member Description | Role | +=====================================================================================================+====================+ | (1) Deputy Commissioner, Shimla | Chairman, ex officio; | | (2) One representative of a Non-Governmental Organisation working in the field of Environment or | Member; | | 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 nominated by the | Member; | | State Government of Himachal Pradesh from time to time every three years | | | (4) 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) Deputy Conservator of Forest (Wildlife), Shimla | Member, ex officio; | | (8) Divisional Forest Officer (Territorial), Kunihar | 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. 25/125/2015-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. 1813(E), dated the 07th 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. SARVESH KUMAR SRIVASTAVA Date: 2024.07.10 23:15:37 +05'30

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