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Core Purpose

Notification amending an earlier Eco-Sensitive Zone notification under the Environment (Protection) Act, 1986 to revise the Zonal Master Plan timeline and reconstitute the Monitoring Committee and its functions.

Detailed Summary

In S.O. 4421(E) dated 11th October 2023, 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 (having dispensed, in the public interest, with the prior public-notice requirement under sub-rule (3)(a) of rule 5), amends the Eco-Sensitive Zone notification S.O. 1811(E) dated 7th June 2017 as follows: paragraph 2, sub-paragraph (1) is substituted to require the State Government to prepare a Zonal Master Plan for the Eco-Sensitive Zone, in consultation with local people, within two years from 11th October 2023; paragraph 5 is substituted to reconstitute a Monitoring Committee comprising the Regional Commissioner, Bengaluru (Chairman, ex officio), representatives of the Karnataka Department of Environment and Department of Urban Development, a nominated NGO representative and an ecology expert (each for a three-year term), the Regional Officer of the Karnataka State Pollution Control Board, Mysuru, the Deputy Commissioner, Davanagere, a Member of the State Biodiversity Board, and the Deputy Conservator of Forests, Davanagere (T) Division (Member Secretary); and paragraph 6 is substituted to define the Monitoring Committee's functions, including scrutiny of activities under the Schedule to notification S.O. 1553(E) dated 14th September 2006, referral to the Central Government or State Environment Impact Assessment Authority for environmental clearance, authority for the Member-Secretary and District Collector/Deputy Conservator of Forests to file complaints under section 19 of the Act, and submission of an annual action-taken report to the Chief Wildlife Warden by 30th June each year; issued under F. No. 25/161/2015-ESZ-RE and signed by Dr. S. Kerketta, Scientist 'G'.

Full Text

6432 GI/202 3 (1) रजजस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 4250] NEW DELHI, WEDNES DAY , OCTOBER 11, 2023/ ASVINA 19, 1945 CG-DL-E-11102023-249323 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 11th October, 2023 S.O. 4421 (E).—Whereas the Central Government, in exercise of the power 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 in the Gazette of India, Extraordinary, Part -II, Section 3, sub -section (ii), vide number S.O. 1811(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 Enviro nment (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. 1811(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) 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 amendment 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. 1811(E), dated the 7th June, 2017, namely: - In the said notification, - (i) in paragraph 2, for sub -paragraph (1), the following sub -paragraph shall be substituted, namely: - ―(1) The State Government shall prepare a Zonal Master Plan for the purposes of the Eco -sensitive Zone in consultation with local people and in accordance with this notification, within a period of two years from the 11th October, 2023‖; (ii) for paragraph 5, the foll owing paragraph shall be substituted, namely: - ―5. Monitoring Committee .- There shall be a committee to be known as Monitoring Committee constituted of the Central Government for effective monitoring of the Eco -sensitive Zone, which shall comprise of the following, namely: - (i) Regional Commissioner, Bengaluru Chairman, ex Officio ; (ii) Representative of the Department of Environment, Government of Karnataka . Member, ex Officio ; (iii) Representative of the Department of Urban Development, Government of Karnataka Member, ex Officio ; (iv) Representative of Non -Governmental Organisations working in the field of nature conservation (including heritage conservations) to be nominated by the Government of Karnataka for a term of three years in each case. Member; (v) One exp ert in ecology from reputed Institution or University of the State of Karnataka to be nominated by the Government of Karnataka for a term of three years in each case. Member; (vi) Regional Officer, Karnataka State Pollution Control Board, Mysuru. Member, ex Officio ; (vii) Deputy Commissioner or his representative, Davanagere. Member, ex Officio ; (viii) Member, State Biodiversity Board Member, ex Officio ; (ix) Deputy Conservator of Forests, Davanagere (T) Division, Davangere. Member Secretary, ex Officio . (iii) for paragra ph 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 notificat ion of the Government of India in the erstwhile Ministry of Environment and Forest, number S.O. 1553 (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 paragr aph 4 thereof, and refer to the Central Government in the Ministry of Environment, Forest and Climate Change or the State Environment Impact Assessment Authority, as the case maybe, for consideration of grant of prior environmental clearances under the pro visions 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 number S.O. 1533 (E), dated the 14th September, 2006 and falling in the Ec o-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 appropriate authority. (3) The Me mber -Secretary of the Monitoring Committee and the District Collector concerned or the Deputy Conservator of Forests concerned shall be competent to file complaint under section 19 of the Environment (Protection) Act, 1986 against any person who contravene s the provisions of this notification. (4) The Monitoring Committee may invite representative or expert from the Department concerned, 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 giving full account of its activities during the previous financial year by the 30th June of that year to the Chief Wildlife Warden of the State in proforma sp ecified in Annexure -IV, 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 under this notification.‖. [F. No. 25/161/2015 -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. 1811 (E), dated the 7th June, 2017. Uploaded by Dte. of Print ing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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