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Core Purpose

Notification amending the Eco-Sensitive Zone notification for Gandhi Sagar Wildlife Sanctuary, Madhya Pradesh by reconstituting the Monitoring Committee under paragraph 5, issued under Section 3 of the Environment (Protection) Act, 1986.

Detailed Summary

The Ministry of Environment, Forest and Climate Change issued notification S.O. 3943(E) dated 13th September 2024, amending its earlier notification S.O. 4029(E) dated 14th December 2016, which had declared an Eco-Sensitive Zone around Gandhi Sagar Wildlife Sanctuary, Madhya Pradesh, 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 rule 5(3) of the Environment (Protection) Rules, 1986. Invoking rule 5(4), the Central Government dispensed with the prior notice requirement under rule 5(3)(a) as being in the public interest, and substituted paragraph 5 of the 2016 notification to reconstitute a Monitoring Committee comprising the Divisional Commissioner, Ujjain (Chairman, ex officio); District Collector, Mandsaur or Neemuch; Divisional Forest Officer, Mandsaur or Neemuch; Chief Municipal Officer, Mandsaur or Neemuch; a Superintendent Engineer from the Public Health, Water Resources, Public Works or Madhya Pradesh Electricity Board; one ecology/environment expert nominated by the Government of Madhya Pradesh for three years; one NGO representative (including heritage conservation) nominated by the Government of Madhya Pradesh for three years; the Chief Executive Officer, Jila Panchayat, Mandsaur or Neemuch; a Member of the State Biodiversity Board; a representative of the Town and Country Planning Board; a representative of the Madhya Pradesh Pollution Control Board; and the Chief Conservator of Forests, Ujjain (Member Secretary). The Committee is tasked with scrutinizing activities covered under the Schedule to notification S.O. 1533(E) dated 14th September 2006 (erstwhile Ministry of Environment and Forest) that fall within the Eco-Sensitive Zone, referring them for prior environmental clearance, and referring non-Schedule activities to regulatory authorities; it must submit an annual action-taken report (for the period up to 31st March) to the Chief Wildlife Warden by 30th June each year in the format of Annexure-IV, and its Member-Secretary, the Collector, or the Deputy Conservator of Forests may file complaints under section 19 of the Environment (Protection) Act, 1986 for contraventions. The notification was issued under file number 25/78/2015-ESZ-RE and signed by Dr. S. Kerketta, Scientist 'G'.

Full Text

5920 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 3605 ] NEW DELHI, FRIDAY , SEPTEMBER 13, 2024/BHADRA 22, 1946 CG-DL-E-14092024-257167 MINISTRY OF ENVIRONMENT, FOREST AND CL IMATE CHANGE NOTIFICATION New Delhi, the 13th September , 2024 S.O. 3943 (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 Envir onment (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 Gandhi Sagar Wildlife Sanctuary, Madhya Pradesh in the Gazette of India, Extraordinary, Part -II, Section 3, Sub -section (ii), vide number S.O. 4029 (E), dated the 14th December, 2016; 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 W HEREAS, 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. 4 029 (E), dated the 1 4th December, 2016; 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 Indi a, Extraordinary, Part -II, Section 3, Sub -section (ii), vide number S.O. 4029 (E), dated the 14th December, 2016, namely: - In the said notification, for paragraphs 5, the following paragraph shall be respectively substituted, namely: - “5. Monitoring Com mittee . - The Central Government hereby constitutes a committee for effective monitoring of the Provisions of this notification consisting of the following persons, namely: - i. Divisional Commissioner, Ujjain Chairman, ex officio; ii. District Collector, Mand saur or Neemuch Member, ex officio; iii. Divisional Forest Officer Mandsaur or Neemuch Member, ex officio; iv. Chief Municipal Officer Nagar palika Mandsaur or Neemuch Member, ex officio; v. Superintendent Engineer, Public Health Department or Water Resources Department or Public Work Department or Madhya Pradesh Electricity Board Mandsaur or Neemuch Member, ex officio; vi. One expert in the area of ecology and environment to be nominated by the Government of Madhya Pradesh for a period of three years. Memb er; vii. One representative of Non -governmental Organisations working in the field of environment (including heritage conservation) to be nominated by the Government of Madhya Pradesh for a period of three years. Member; viii. Chief Executive Officer of Jila Pan chayat, Mandsaur or Neemuch Member, ex officio; ix. Member of State Biodiversity Board Member, ex officio; x. Representative of the Town and Country Planning Board; Member, ex officio; xi. Representative of Madhya Pradesh Pollution Control Board Member, ex offi cio; xii. Chief Conservator of Forests, Ujjain. Member Secretary. ex officio. (2) 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 th e erstwhile Ministry of Environment and Forest, 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 maybe, for prior environmental clearances under the provisions of the said notification. (3) The activities not c overed in the Schedule to the notification referred to in sub -paragraph (2) 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 ba sed on the actual site -specific conditions and referred to the regulatory authorities. (4) 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 Envir onment (Protection) Act, 1986, against any person who contravenes the provisions of this notification. (5) The Monitoring Committee may invite a representative or expert from the Department, a representative from the industry associations or stakeholders to a ssist the committee in its deliberations depending on the requirements on a case to case basis. (6) 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. (7) 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. 25/78/2015 -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. 4029(E), dated the 14th December, 2016. Uploaded by Dte. of Printing 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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