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Core Purpose

Notification amending the Monitoring Committee's composition and functions under the eco-sensitive zone notification for Daranghati Wildlife Sanctuary, Himachal Pradesh, under section 3 of the Environment (Protection) Act, 1986.

Detailed Summary

Notification S.O. 3249(E) dated 12th August 2024, issued by the Ministry of Environment, Forest and Climate Change under section 3(1), clauses (v) and (xiv) of section 3(2), and section 3(3) of the Environment (Protection) Act, 1986 (29 of 1986), amends the eco-sensitive zone notification for the Daranghati Wildlife Sanctuary, Himachal Pradesh (originally notified vide S.O. 838(E) dated 16th March 2017) by substituting paragraph 5, reconstituting the Monitoring Committee to comprise the Deputy Commissioner, Shimla as ex-officio Chairman, an NGO representative and an ecology/environment expert both nominated by the Himachal Pradesh Government for three years, a member of the Himachal Pradesh State Biodiversity Board, the Executive Engineer of the Himachal Pradesh State Pollution Control Board, the Sub-Divisional Magistrate, Rampur, the Divisional Forest Officer (Territorial), and the Divisional Forest Officer (Wildlife) as ex-officio Member Secretary, and by substituting paragraph 6 to redefine the Committee's functions as scrutinising activities under the Schedule to notification S.O. 1533(E) dated 14th September 2006 that fall within the Eco-sensitive Zone (excluding prohibited activities) and referring them for environmental clearance, scrutinising non-Schedule activities and referring them to concerned regulatory authorities, empowering the Member-Secretary, Collector or Deputy Conservator of Forests to file complaints under section 19 of the Act, permitting invitation of experts or industry representatives, requiring an annual action-taken report to the Chief Wildlife Warden by 30th June each year in the form at Annexure-IV, and allowing the Central Government to issue written directions to the Committee; issued under F. No. 25/46/2015-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-13082024-256322 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 3095] NEW DELHI, MONDAY, AUGUST 12, 2024/SHRAVANA 21, 1946 5085 GI/2024 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 12th August, 2024 S.O. 3249(E).─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), the Central Government hereby makes the following amendments in the notification of Daranghati Wildlife Sanctuary, Himachal Pradesh 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. 838(E), dated the 16th March, 2017, namely:- In the said notification, ─ (a) for paragraph 5, relating to 'Monitoring Committee', 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:- (1) Deputy Commissioner, Shimla Chairman, ex officio; (2) One representative of a Non-Governmental Organisation working Member; in the field of Environment or Wildlife (including heritage conservation) nominated by the State Government of Himachal Pradesh for a period of three years (3) One expert in the area of ecology and environment to be Member; nominated by the State Government of Himachal Pradesh for a period of three years. (4) Member of the Himachal Pradesh State Biodiversity Board Member, ex officio; (5) Executive Engineer, Himachal Pradesh State Pollution Control Member, ex officio; Board (6) Sub-Divisional Magistrate, Rampur or his representative Member, ex officio; (7) Divisional Forest Officer, Territorial Member, ex officio; (8) Divisional Forest Officer (Wildlife) 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 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 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-IV. (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. 25/46/2015-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. 838(E), dated the 16th March, 2017.

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