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Core Purpose

Notification amending paragraphs 5 and 6 of the earlier Eco-Sensitive Zone notification (S.O. 2633(E) dated 5th August 2020) for Bhimashankar Wildlife Sanctuary, Maharashtra, to reconstitute the Monitoring Committee and redefine its functions.

Detailed Summary

The Ministry of Environment, Forest and Climate Change issued Notification S.O. 4366(E) dated 8th October 2024, 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, amending the notification declaring an Eco-Sensitive Zone around Bhimashankar Wildlife Sanctuary, Maharashtra (originally issued as S.O. 2633(E) dated 5th August 2020), dispensing with the notice requirement under sub-rule (3)(a) of rule 5 in the public interest. Paragraphs 5 and 6 of the principal notification are substituted: paragraph 5 reconstitutes the Monitoring Committee to comprise the District Collector, Pune (Chairman, ex-officio), a representative of the Collector Thane/Raigad, the Deputy Conservator of Forests (Wildlife), Pune, the Deputy Conservator of Forests, Raigad/Thane, a representative of the town planning office Thane/Raigad/Pune, a representative of the Department of Environment, Government of Maharashtra, one ecology/environment expert nominated by the Government of Maharashtra every three years, one NGO representative working in Wildlife Conservation nominated by the State Government every three years, and the Deputy Conservator of Forests, Junnar (Member Secretary, ex-officio). Paragraph 6 sets out the Monitoring Committee's functions, including scrutinizing activities under the Schedule to notification S.O. 1533(E) dated 14th September 2006 falling within the Eco-Sensitive Zone (excluding prohibited activities under the Table in paragraph 4) and referring them to the Ministry of Environment, Forest and Climate Change or the State Environment Impact Assessment Authority for environmental clearance, filing complaints under section 19 of the Environment (Protection) Act, 1986 for contraventions, and submitting an annual action-taken report by 30th June each year to the Chief Wildlife Warden in the prescribed pro-forma (Annexure-V). The notification bears F. No. 25/97/2015-ESZ-RE and is signed by Dr. S. Kerketta, Scientist "G".

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-14102024-257836 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 4007] NEW DELHI, TUESDAY, OCTOBER 8, 2024/ASVINA 16, 1946 MINISTRY OF ENVIRONMENT,FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 8th October, 2024 S.O. 4366(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 Bhimashankar Wildlife Sanctuary, Maharashtra in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 2633(E), dated the 5th August, 2020; 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. 2633 (E), dated the 5th August, 2020; Now, Therefore, 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 (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. 2633 (E), dated the 5th August, 2020, namely:- In the said notification, for paragraphs 5 and 6, the following paragraph shall be respectively substituted, namely: - "5. Monitoring Committee. - (1) The Central Government hereby constitutes a Monitoring Committee consisting of the following persons, namely:- (i) District Collector, Pune Chairman, Ex-offic (ii) Representative of Collector Thane / Raigad Member, Ex-offic (iii) Deputy Conservator of Forests (Wildlife), Pune or his representative. Member, Ex-offic (iv) Deputy Conservator of Forests, Raigad/ Thane or their representative. Member, Ex-offic (v) Representative of the town planning office Thane / Raigad/ Pune Member, Ex-offic (vi) Representative of the Department of Environment, Government of Maharashtra. Member, Ex-offic (vii) One expert in the area of ecology and environment from reputed university/Institution to be nominated by the Government of Maharashtra from time to time every 3 years. Member (viii) One representative of non-governmental organization working in the field of Wildlife Conservation to be nominated by the State Government of Maharashtra from time to time every three years. Member. (ix) Deputy Conservator of Forests, Junnar. Member Secretary, ] Ex officio. 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, 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 in the State in pro-forma specified in Annexure-V. (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. 25/97/2015-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. 2633 (E), dated the 5th August, 2020. 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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