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Core Purpose

Notification amending the Eco-sensitive Zone notification for Jaikawadi Bird Sanctuary, Maharashtra, to reconstitute the Monitoring Committee and revise its functions.

Detailed Summary

The Ministry of Environment, Forest and Climate Change, by notification S.O. 3445(E) dated 13th August 2024, 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-rule (4) of rule 5 of the Environment (Protection) Rules, 1986 (dispensing with prior notice under sub-rule (3)(a) as in the public interest), amends the notification declaring an Eco-sensitive Zone around Jaikawadi Bird Sanctuary, Maharashtra (originally issued vide S.O. 2202(E) dated 12th July 2017) by substituting paragraphs 5 and 6, reconstituting the Monitoring Committee to comprise the District Collector, Aurangabad (Chairman), a representative of the District Collector, Ahmadnagar, representatives of the Zilla Parishads of Aurangabad and Ahmadnagar, an NGO nominee and an ecology expert nominated by the Government of Maharashtra, the Regional Officer of the Maharashtra State Pollution Control Board, a member of the State Biodiversity Board, the Senior Town Planner, and the Deputy Conservators of Forest of Ahmadnagar and Aurangabad (the latter as Member-Secretary), and revising the Committee's functions to include scrutinising activities under the Schedule to notification S.O. 1533(E) dated 14th September 2006, referring matters for environmental clearance to the Ministry or State Environment Impact Assessment Authority, filing complaints under section 19 of the Act, and submitting an annual action-taken report to the Chief Wildlife Warden by 30th June each year; the notification is signed by Dr. S. Kerketta, Scientist "G", under File No. 25/17/2015-ESZ-RE.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-14082024-256349 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 3130] NEW DELHI, TUESDAY, AUGUST 13, 2024/SHRAVANA 22, 1946 5123 GI/2024 (1) MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 13th August, 2024 S.O. 3445(E).—Whereas the Central Government, 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 (3) of rule 5 of the Environment (Protection) Rules, 1986, issued a notification to declare an Eco-sensitive Zone around Jaikawadi Bird Sanctuary, Maharashtra in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 2202 (E), dated the 12th July, 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 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 the notice under clause (a) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 for amending the notification number S.O. 2202(E), dated the 12th July, 2017; Now, therefore, in exercise of the of the powers conferred by the sub-section (1) and clauses (v) and (xiv) of sub-section (2) and sub-section(3) of section 3 of Environment (Protection) Act, 1986, (29 of 1986) read with the 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, Forest and Climate Change, published in the Gazette of India, Extraordinary, Part -II, section 3, Sub-section (ii), vide number S.O. 2202(E), dated the 12th July, 2017, namely:- In the said notification, for paragraph 5 and 6, the following paragraph shall be respectively substituted, namely:- "5. Monitoring Committee- The Central Government hereby constitutes a Monitoring Committee consisting of the following persons, namely:- (i) District Collector, Aurangabad - Chairman, exofficio (ii) A representative of District Collector, Ahmadnagar -Member, exofficio (iii) A representative of Zilla Parishad, Aurangabad -Member, exofficio (iv) A representative of Zilla Parishad, Ahmadnagar -Member, exofficio (v) One representative of Non-governmental Organisation working in the field of environment to be nominated by the Government of Maharashtra from time to time every three years -Member,exofficio (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, exofficio (vii) The Regional Officer, Maharashtra State Pollution Control Board -Member, exofficio (viii) Member of the State Biodiversity Board -Member, exofficio (ix) The Senior Town Planner -Member, exofficio (x) The Deputy Conservator of Forest, Ahmadnagar -Member, exofficio (xi) The Deputy Conservator of Forests, Aurangabad -Member-Secretary, exofficio. 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 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-V. (6) The Central Government may give such directions, as it deems fit, to the Monitoring Committee for effective discharge of its functions.". [F. No. 25/17/2015-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. 2202(E), dated the 12th July, 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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