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Core Purpose

Notification amending paragraph 5 of the Ministry of Environment, Forest and Climate Change notification S.O. 1814(E) dated 7 June 2017 to reconstitute the Monitoring Committee for the Hirakud Wildlife Division Eco-Sensitive Zone and prescribe its functions.

Detailed Summary

The Ministry of Environment, Forest and Climate Change, vide S.O. 2704(E) dated 10 July 2024, 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, dispensed with the public notice requirement under sub-rule (3)(a) of rule 5 as being in the public interest and amended its earlier notification S.O. 1814(E) dated 7 June 2017 by substituting paragraph 5. The new paragraph 5 constitutes a Monitoring Committee comprising the District Collector of Bargarh, Odisha (Chairman, ex officio), the Superintendent of Police, Bargarh District (ex officio), a nominated NGO representative and an ecology/environment expert (each nominated triennially by the Government of Odisha), the Member-Secretary or Member of the Odisha State Biodiversity Board, the Divisional Forest Officer of Bargarh Division, the Regional Officer of the Odisha State Pollution Control Board, and the Divisional Forest Officer of Hirakud Wildlife Division as Member-Secretary. New paragraph 5A empowers the Committee to scrutinise activities in the Eco-Sensitive Zone specified in the Schedule to the earlier notification S.O. 1533(E) dated 14 September 2006 (excluding prohibited activities under the Table to paragraph 4), refer them for prior environmental clearance to the Central Government or the State Environment Impact Assessment Authority, refer non-Schedule activities to concerned regulatory authorities, authorise the Member-Secretary, Collector or Deputy Conservator of Forests to file complaints under section 19 of the Environment (Protection) Act, 1986, permit inviting outside experts, require an annual action-taken report to the Chief Wildlife Warden by 30 June each year, and allow Central Government directions to the Committee. Issued under F. No. 25/39/2015-ESZ-RE and signed by Dr. S. Kerketta, Scientist "G".

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-11072024-255325 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 2568] NEW DELHI, WEDNESDAY, JULY 10, 2024/ASHADHA 19, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 10th July, 2024 S.O. 2704(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. 1814 (E), dated the 7th June, 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. 1814 (E), dated the 7th June, 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. 1814 (E), dated the 7th June, 2017, namely:- In the said notification, for paragraph 5, the following paragraph shall be substituted, namely: - "5. Monitoring Committee. – (1) The Central Government hereby constitute a Monitoring Committee consisting of the following persons, namely: - i. District Collector, Bargarh, Government of Odisha - Chairman, ex officio; ii. Superintendent of Police, Bargarh District - Member, ex officio; iii. A representative of Non-governmental Organisation working in the field of environment to be nominated by the Government of Odisha from time to time every three years - Member; iv. One expert in the area of ecology and environment to be nominated by the Government of Odisha from time to time every three years - Member; v. Member-Secretary or Member, Odisha State Biodiversity Board - Member, ex officio; vi. Divisional Forest Officer, Bargarh Division - Member, ex officio; vii. Regional Officer, Odisha State Pollution Control Board - Member, ex officio; viii. Divisional Forest Officer, Hirakud Wildlife Division - Member Secretary, 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 Forests, 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 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 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. 25/39/2015-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. 1814(E), dated the 7th 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.

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