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Core Purpose

Notification amending the Eco-Sensitive Zone notification for Barnawapara Wildlife Sanctuary, Chhattisgarh, to reconstitute the Monitoring Committee and redefine its functions.

Detailed Summary

Issued by the Ministry of Environment, Forest and Climate Change on 9th October 2024 under S.O. 4386(E), this notification amends the Eco-Sensitive Zone notification for Barnawapara Wildlife Sanctuary, Chhattisgarh (originally notified as S.O. 2201(E) dated 12th July 2017), exercising powers under section 3(1), (2)(v), (2)(xiv) and (3) of the Environment (Protection) Act, 1986 read with rule 5(3) and 5(4) of the Environment (Protection) Rules, 1986, and dispenses with the requirement of prior public notice in the public interest; paragraphs 5 and 6 of the principal notification are substituted to reconstitute the Monitoring Committee, chaired ex-officio by the Collector, Balodabazar District, with ex-officio members comprising the Chief Executive Officer of District Panchayat Balodabazar, Superintending Engineers of the Public Works and Public Health Departments of Balodabazar, one ecology/environment/wildlife expert nominated by the Chhattisgarh State Government for three years, and one representative of an environment/wildlife NGO nominated for three years; the amended provisions define the Committee's functions, including scrutiny of activities under the Schedule to notification S.O. 1533(E) dated 14th September 2006, referral for environmental clearance, authority to file complaints under section 19 of the Environment (Protection) Act, 1986, and submission of an annual action-taken report to the Chief Wildlife Warden by 30th June each year. The notification bears F. No. 25/151/2015-ESZ-RE and is signed by Dr. S. Kerketta, Scientist 'G'.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-10102024-257796 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 4025] NEW DELHI, WEDNESDAY, OCTOBER 9, 2024/ASVINA 17, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 9th October, 2024 S.O. 4386(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 Barnawapara Wildlife Sanctuary, Chhattisgarh in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 2201(E), dated the 12th July, 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. 2201(E), dated the 12th July, 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. 2201(E), dated the 12th July, 2017, namely:- In the said notification, for paragraphs 5 and 6, the following paragraphs shall be substituted, namely: - "5. Monitoring Committee. - The Central Government hereby constitutes a Monitoring Committee for effective monitoring of the provisions of this notification consisting of the following persons, namely:- (1) Collector, Balodabazar District Chairman, ex-officio; (2) Chief Executive Officer, District Panchayat, Balodabazar Member, ex-officio; (3) Superintending Engineer, Public Work Department Balodabazar Member, ex-officio; (4) Superintending Engineer Public Health Department, Balodabazar Member, ex-officio; (5) One expert in ecology or environment or wildlife from a reputed institution or Member; university to be nominated by the State Government of Chhattisgarh for a period of three years (6) One representative of a Non-Governmental Organization working in the field of Member; Environment/Wildlife (including heritage conservation) to be nominated by the State Government of Chhattisgarh for a period of three years 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 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 to in Sub-Paragraph (1) and falling in the Eco-sensitive Zone, except for the prohibited activities 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 a representative or an 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 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. 25/151/2015-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. 2201(E), dated the 12th July, 2017.

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