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Core Purpose

Notification amending the composition and functions of the Monitoring Committee for the Eco-Sensitive Zone around Kapilash Wildlife Sanctuary, Odisha, under the Environment (Protection) Act, 1986.

Detailed Summary

Vide S.O. 2783(E) dated 16th July 2024, the Ministry of Environment, Forest and Climate Change, 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-rules (3) and (4) of rule 5 of the Environment (Protection) Rules, 1986, amended its earlier notification S.O. 1659(E) dated 17th June 2015 (declaring the Eco-Sensitive Zone around Kapilash Wildlife Sanctuary, Odisha) by substituting paragraph 5 on the "Monitoring Committee," reconstituting it to comprise the District Collector of Dhenkanal (Chairman ex officio), the Superintendent of Police, a representative of the Collector of Cuttack, the Regional Officer of the Odisha State Pollution Control Board, an environment/wildlife/ecology expert and an NGO representative nominated by the Government of Odisha every three years, the concerned Divisional Forest Officer, and the Divisional Forest Officer of Dhenkanal Forest Division as Member Secretary, with functions including scrutiny of activities against the Schedule to notification S.O. 1533(E) dated 14th September 2006, referral for environmental clearance, filing complaints under section 19 of the Act, and submission of an annual action-taken report by 30th June each year; the notification dispenses with prior public notice under rule 5(3)(a) as permitted by rule 5(4) and is signed by Dr. S. Kerketta, Scientist "G" (F. No. 25/3/2014-ESZ-RE).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-17072024-255477 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 2647] NEW DELHI, TUESDAY, JULY 16, 2024/ASHADHA 25, 1946 4274 GI/2024 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi the 16th July, 2024 S.O. 2783(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 Kapilash Wildlife Sanctuary, Odisha in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 1659 (E), dated the 17th June, 2015; 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. 1659 (E), dated the 17th June, 2015; 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 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. 1659 (E), dated the 17th June, 2015, namely:- In the said notification, for paragraph 5 relating to "Monitoring Committee", the following paragraph shall be substituted, namely: - "5. Monitoring Committee. (1) The Central Government hereby constitute a Monitoring Committee consisting of the following persons, namely: - i. The District Collector, Dhenkanal District, Government of Odisha - Chairman, ex officio; ii. Concerned Superintendent of Police - Member, ex officio; iii. Concerned representative of Collector, Cuttack - Member, ex officio; iv. Regional Officer, Odisha State Pollution Control Board - Member, ex officio; v. One expert in the area of Environment, Wildlife and Ecology to be nominated by the Government of Odisha from time to time every three years - Member; vi. A representative of Non-governmental Organisation working in the field of environment to be nominated by the Government of Odisha from time to time every three years - Member; vii. Concerned Divisional Forest Officer - Member, ex officio; viii. Divisional Forest Officer, Dhenkanal Forest Division - 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 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 maybe, for prior environmental clearances under the provisions of the said notification. (3) 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. (4) 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. (5) 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. (6) 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 III. (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. 25/3/2014-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.1659(E), dated the 17th June, 2015. 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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