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Core Purpose

Notification amending paragraphs 5 and 6 of notification S.O. 1604(E) dated 17th May 2017 under the Environment (Protection) Act, 1986, to reconstitute and redefine the functions of the Monitoring Committee for the Buldhana Eco-Sensitive Zone.

Detailed Summary

By notification S.O. 2227(E) dated 10th June 2024, the Ministry of Environment, Forest and Climate Change, exercising 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, amended its earlier notification S.O. 1604(E) dated 17th May 2017 by substituting paragraphs 5 and 6, dispensing with the usual notice requirement in the public interest; the amended Paragraph 5 reconstitutes the 'Monitoring Committee' with the Collector of Buldhana District as ex-officio Chairman and members drawn from the Zilla Parishad, the Maharashtra Department of Revenue, the Remote Sensing Centre, a nominated NGO and ecology expert, the State Biodiversity Board, the Maharashtra State Pollution Control Board, the Senior Town Planner of Buldhana, and the Deputy Conservator of Forests (Buldhana Division) as Member Secretary; the amended Paragraph 6 assigns the Committee functions including scrutiny of activities under the Eco-Sensitive Zone Schedule notified vide S.O. 1533(E) dated 14th September 2006, referral of matters for environmental clearance, filing complaints under Section 19 of the 1986 Act, and submission of an annual action-taken report by 30th June each year to the Chief Wildlife Warden; the notification was signed by Dr. S. Kerketta, Scientist 'G', under File No. 25/23/2015-ESZ-RE.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-11062024-254654 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 2125] NEW DELHI, MONDAY, JUNE 10, 2024/JYAISHTHA 20, 1946 3463 GI/2024 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 10 th June, 2024 S.O. 2227(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 in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 1604 (E), dated the 17th May, 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. 1604 (E), dated the 17th May, 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 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. 1604 (E), dated the 17th May, 2017, namely:— In the said notification, for paragraphs 5 and 6, the following paragraphs shall be substituted, namely :- "5. Monitoring Committee. There shall be a committee to be known as Monitoring Committee constituted by the Central Government which shall comprise of the following persons, namely:— i. The Collector of Buldhana District Chairman, exofficio; ii. A representative of Zilla Parishad, Buldhana -Member, exofficio; iii. A representative of Department of Revenue, Government of Maharashtra-Member, exofficio; iv. A representative of Remote Sensing Centre–Member, exofficio; v. A representative of a Non-governmental Organisation working in the field of environment (including heritage conservation) to be nominated by the Government of Maharashtra from time to time every three years- Member; vi. One expert in the area of ecology and environment to be nominated by the Government of Maharashtra from time to time every three years-Member; vii. Member-Secretary or Member of the State Biodiversity Board-Member, exofficio; viii. The Regional Officer, Maharashtra State Pollution Control Board -Member, exofficio; ix. The Senior Town Planner, Buldhana-Member, exofficio; x. The Deputy Conservator of Forests(T), Buldhana Division- Member Secretary, exofficio.” 6. Functions of 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 of the Government of India in the erstwhile Ministry of Environment and Forests 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, 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 Collector or the concerned 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 concerned Department, representative from industry associations or concerned 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 of the State in pro-forma specified in Annexure-V, appended to this notification. (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. 25/23/2015-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. 1604(E), dated the 17th May, 2017.

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