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Core Purpose

Amendment, under section 3 of the Environment (Protection) Act, 1986 read with rule 5 of the Environment (Protection) Rules, 1986, of the Eco-Sensitive Zone notification for Harike Wildlife Sanctuary, Punjab (S.O. 1568(E) dated 15th May 2017) to reconstitute the Monitoring Committee and redefine its functions.

Detailed Summary

By S.O. 5377(E) dated 12th December, 2024, the Ministry of Environment, Forest and Climate Change, exercising powers under sub-section (1), 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-rules (3) and (4) of rule 5 of the Environment (Protection) Rules, 1986, and dispensing with the prior notice requirement as being in the public interest, amended its notification S.O. 1568(E) dated 15th May, 2017 declaring an Eco-Sensitive Zone around Harike Wildlife Sanctuary, Punjab, by substituting paragraph 5 to reconstitute the Monitoring Committee (comprising the Chief Conservator of Forests (Wildlife), Government of Punjab as Chairman ex officio, and ex officio/nominated members from the Department of Rural Development and Panchayat, the Punjab State Pollution Control Board Regional Office, an NGO nominee and an ecology/environment expert nominee each for a three-year term, the State Biodiversity Board, the Housing Department, the Agriculture Department, the District Collector of Firozepur, and the Deputy Conservator of Forest as Member Secretary ex officio) and by substituting paragraph 6 to redefine the Committee's functions, namely scrutinising activities under the Schedule to notification S.O. 1533(E) dated 14th September, 2006 within the Eco-Sensitive Zone (other than prohibited activities) and referring them for environmental clearance or to concerned regulatory authorities, empowering the Member-Secretary, Collector or Deputy Conservator of Forests to file complaints under section 19 of the Act for contraventions, permitting the Committee to invite experts or industry/stakeholder representatives, requiring an annual action-taken report to the Chief Wildlife Warden by 30th June for the year ending 31st March, and allowing the Central Government to issue directions to the Committee; the notification is signed by Dr. S. Kerketta, Scientist 'G', under file number 25/1/2015-ESZ-RE.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-13122024-259379 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 4977] | NEW DELHI, THURSDAY, DECEMBER 12, 2024/AGRAHAYANA 21, 1946 8053 GI/2024 | (1) 2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(ii)] [F. No. 25/1/2015-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. 1568 (E), dated the 15th May, 2017. MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 12th December, 2024 S.O. 5377(E).—WHEREAS the Central Government, in exercise of the powers conferred by sub-section (1), 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 Harike Wildlife Sanctuary, Punjab in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 1568(E), dated the 15th 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. 1568(E), dated the 15th May, 2017; NOW, THEREFORE in exercise of the powers conferred by sub-section (1), 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. 1568(E), dated the 15th May, 2017, namely:- In the said notification, for paragraphs 5 the following paragraph shall be substituted, namely: - 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(ii)] "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: - (a) | The Chief Conservator of Forests (Wildlife), Government of Punjab | Chairman, ex officio; (b) | Representative of Department of Rural Development and Panchayat, Government of Punjab | Member, ex officio; (c) | One representative of the Regional Office, Punjab State Pollution Control Board | Member, ex officio; (d) | One representative of Non-governmental organisations working in the field of environment to be nominated by the Government of Punjab for a period of three years. | Member; (e) | An expert in the area of ecology and environment to be nominated by the Government of Punjab for a period of three years. | Member; (f) | Member of the State Biodiversity Board | Member, ex officio; (g) | One representative of the Department of Rural Development and the Housing Department, Government of Punjab | Member, ex officio; (h) | One representative of Agricultural, Government of Punjab | Member, ex officio; (i) | One representative of District Collector of Firozepur | Member, ex officio; (j) | Deputy Conservator of Forest | Member Secretary, ex officio;. (ii) for paragraph 6, the following paragraph shall be substituted, namely:- 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 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 that notification. (2) The activities not covered in the Schedule to the notification referred 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 regulatory authorities concerned. (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 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 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. 25/1/2015-/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. 1568 (E), dated the 15th May, 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. GORAKHA NATH Digitally signed by GORAKHA NATH YADAVA YADAVA Date: 2024.12.13 09:17:25 +05'30'

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