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Core Purpose

Notification amending paragraphs 5 and 6 of the notification declaring the Eco-Sensitive Zone around Painganga Wildlife Sanctuary, Maharashtra, to reconstitute the Monitoring Committee and redefine its functions, issued under Section 3 of the Environment (Protection) Act, 1986 read with Rule 5(4) of the Environment (Protection) Rules, 1986.

Detailed Summary

By S.O. 3456(E) dated 13th August 2024, the Ministry of Environment, Forest and Climate Change, noting that it had earlier declared an Eco-Sensitive Zone around Painganga Wildlife Sanctuary, Maharashtra vide S.O. 3595(E) dated 30th November 2016 under section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with rule 5(3) of the Environment (Protection) Rules, 1986, and having dispensed with the notice requirement under rule 5(3)(a) as being in the public interest, exercised powers under sections 3(1), 3(2)(v), 3(2)(xiv) and 3(3) of the Act read with rule 5(4) of the Rules to substitute paragraphs 5 and 6 of the 2016 notification. The amended paragraph 5 reconstitutes the Monitoring Committee with nine members: the District Collector, Yavatmal (Chairman, ex officio); a representative of the District Collector, Nanded; the Chief Executive Officer, Zilla Panchayat, Yavatmal; a representative of an environment/heritage-conservation NGO nominated by the Government of Maharashtra; an ecology and environment expert nominated by the Government of Maharashtra; the Member-Secretary or a Member of the Maharashtra State Biodiversity Board; the Regional Officer, Maharashtra State Pollution Control Board; the Town Planning Officer, Yavatmal; and the Deputy Conservator of Forests, Pusad Forest Division (Member Secretary, ex officio). The amended paragraph 6 sets out the Committee's functions, including scrutinizing activities under the Schedule to notification S.O. 1533(E) dated 14th September 2006 falling in the Eco-Sensitive Zone and referring them for environmental clearance to the Ministry or the State Environment Impact Assessment Authority; referring non-Schedule activities to concerned regulatory authorities; empowering designated officials to file complaints under section 19 of the Environment (Protection) Act, 1986; permitting the Committee to invite experts or stakeholders; requiring an annual action-taken report to the Chief Wildlife Warden by 30th June each year in the format of Annexure IV; and allowing the Central Government to issue directions to the Committee. Issued under F. No. 25/52/2014-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-16082024-256414 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 3141] NEW DELHI, WEDNESDAY, AUGUST 14, 2024/SHRAVANA 23, 1946 5174 GI/2024 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 13th August, 2024 S.O. 3456(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 Painganga Wildlife Sanctuary, Maharashtra in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 3595(E), dated the 30th November, 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 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. 3595(E), dated the 30th November, 2016; 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. 3595(E), dated the 30th November, 2016, namely:- In the said notification, for paragraphs 5 and 6 the following paragraphs shall be respectively substituted, namely: - "5. Monitoring Committee. - (1) The Central Government hereby constitutes a Monitoring Committee consisting of the following persons, namely:- +-----+------------------------------------------------------------------------------------------+-------------------------+ | No. | Person/Role | Position | +=====+==========================================================================================+=========================+ | (i) | District Collector, Yavatmal | Chairman, ex officio | +-----+------------------------------------------------------------------------------------------+-------------------------+ | (ii)| A representative of District Collector, Nanded | Member, ex officio | +-----+------------------------------------------------------------------------------------------+-------------------------+ | (iii)| Chief Executive Officer, Zilla Panchayat, Yavatmal | Member, ex officio | +-----+------------------------------------------------------------------------------------------+-------------------------+ | (iv)| A representative of a Non-Governmental Organisation working in the field of environment | Member | | | (including heritage conservation) to be nominated by the Government of Maharashtra | | +-----+------------------------------------------------------------------------------------------+-------------------------+ | (v) | One expert in the area of ecology and environment to be nominated by the Government of | Member | | | Maharashtra | | +-----+------------------------------------------------------------------------------------------+-------------------------+ | (vi)| Member- Secretary or Member of Maharashtra State Biodiversity Board | Member, ex officio | +-----+------------------------------------------------------------------------------------------+-------------------------+ | (vii)| Regional Officer, Maharashtra State Pollution Control Board | Member, ex officio | +-----+------------------------------------------------------------------------------------------+-------------------------+ | (viii)| Town Planning Officer, Yavatmal | Member, ex officio | +-----+------------------------------------------------------------------------------------------+-------------------------+ | (ix)| Deputy Conservator of Forests, Pusad Forest Division | 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 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 IV. (6) The Central Government may give such directions, as it deems fit, to the Monitoring Committee for effective discharge of its functions." [F. No. 25/52/2014-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. 3595(E), dated the 30th November, 2016. 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 YADAVA

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