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Core Purpose

Notification amending the Eco-Sensitive Zone notification for the Goutam Buddha Wildlife Sanctuary, Bihar, to substitute new provisions establishing and defining the functions of a Monitoring Committee.

Detailed Summary

Notification S.O. 5383(E), dated 13th December 2024, issued by the Ministry of Environment, Forest and Climate Change under Section 3, sub-section (1) clauses (v) and (xiv) of sub-section (2), and sub-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, dispenses with the public-notice requirement under sub-rule (3)(a) of rule 5 and amends the Eco Sensitive Zone notification for Goutam Buddha Wildlife Sanctuary, Bihar (principal notification S.O. 2200(E) dated 12th July 2017) by substituting paragraphs 5 and 6; the new paragraph 5 constitutes a Monitoring Committee chaired ex officio by the Divisional Commissioner, Gaya, comprising an ecology/environment expert and an NGO representative nominated by the Government of Bihar (each for three-year terms), ex officio representatives of the Departments of Revenue and Agriculture, a member from the Department of Animal and Fishery Resources, the Regional Officer of the Bihar State Pollution Control Board, a member of the Bihar State Biodiversity Board, and the Divisional Forest Officer, Gaya (Wildlife Warden I/C, Gautam Buddha WLS) as Member-Secretary; the new paragraph 6 assigns the Committee functions including scrutinising activities under the schedule to notification S.O. 1533(E) dated 14th September 2006 for referral for environmental clearance, scrutinising non-scheduled activities for referral to regulatory authorities, authorising the Member-Secretary, Collector or Deputy Conservator of Forests to file complaints under Section 19 of the Environment (Protection) Act, 1986, and requiring submission of an annual action-taken report by 30th June to the Chief Wildlife Warden; file reference F. No. 25/199/2015-ESZ-RE; signed by Dr. S. Kerketta, Scientist "G".

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-16122024-259436 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 4983] | NEW DELHI, FRIDAY, DECEMBER 13, 2024/ AGRAHAYANA 22, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, 13 December 2024 S.O. 5383(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 Goutam Buddha Wildlife Sanctuary, Bihar in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 2200(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 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.2200(E), dated the 12th July, 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 8065 GI/2024 (1) 2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(ii)] Government of India in the Ministry of Environment and Forest and Climate Change, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 2200(E), dated the 12th July, 2017,namely :- In the said notification, for paragraphs 5 and 6, the following paragraphs shall be substituted, namely: - "5. Monitoring Committee. - There shall be a Committee to be known as Monitoring Committee constituted by the Central Government which shall comprise of the following persons specified in the Table below, namely: - (i) | Divisional Commissioner, Gaya | Chairman, ex officio; (ii) | One expert in the area of ecology and environment to be nominated by the Government of Bihar from time to time every three years | Member; (iii) | A representative of Non-governmental Organisations working in the field of environment (including heritage conservation) to be nominated by the Government of Bihar from time to time every three years | Member; (iv) | Representative of Department of Revenue | Member, ex officio; (v) | Representative of Department of Agriculture | Member, ex officio; (vi) | Representative of Department of Animal and Fishery Resources | Member; (vii) | Regional Officer, Bihar State Pollution Control Board | Member, ex officio; (viii) | Member of Bihar State Biodiversity Board | Member, ex officio; (ix) | Divisional Forest Officer, Gaya (Wildlife Warden I/C, Gautam Buddha WLS) | Member - Secretary, ex officio. 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 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 in sub-paragraph (1) 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 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. 5 (4) The Monitoring Committee may invite representative or expert from the Department concerned, representative from industry associations or 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 in writing, as it deems fit, to the Monitoring Committee for effective discharge of its functions.”. [F. No. 25/199/2015-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. 2200(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. GORAKHA NATH YADAVA Digitally signed by GORAKHA NATH YADAVA Date: 2024.12.16 12:21:06 +05'30'

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