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Core Purpose

Notification under section 3 of the Environment (Protection) Act, 1986 amending the Eco-Sensitive Zone notification (S.O. 3313(E), dated 26th October 2016) for Bir Aishwan Wildlife Sanctuary, Punjab, by substituting the provisions on the Monitoring Committee.

Detailed Summary

S.O. 4546(E) dated 16th October 2024, issued by the Ministry of Environment, Forest and Climate Change under sub-sections (1), (2)(v), (2)(xiv) and (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 (dispensing with the notice requirement under sub-rule (3)(a) in the public interest), amends the Eco-Sensitive Zone notification for Bir Aishwan Wildlife Sanctuary, Punjab (originally issued as S.O. 3313(E) dated 26th October 2016) by substituting paragraph 5 to reconstitute the Monitoring Committee, comprising the Chief Conservator of Forests (Wildlife), Government of Punjab as ex officio Chairman, ex officio representatives of the Department of Rural Development and Panchayat, the Regional Office of the Punjab State Pollution Control Board, the Department of Agriculture, and the District Collector of Sangrur, a member of the State Biodiversity Board, one non-governmental organisation nominee and one ecology/environment expert nominee (each for three-year terms), with the Divisional Forest Officer (Protected Area in-charge) as ex officio Member Secretary; the Committee is tasked with scrutinising activities listed in the Schedule to notification S.O. 1533(E) dated 14th September 2006 (excepting prohibited activities) for referral for environmental clearance, referring non-Schedule activities to concerned regulatory authorities, filing complaints under section 19 of the Act, and submitting an annual action-taken report (in the format at Annexure-IV) to the Chief Wildlife Warden by 30th June each year; signed by Dr. S. Kerketta, Scientist "G", under file F. No. 25/24/2014-/ESZ/RE.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-17102024-257979 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 4182] NEW DELHI, WEDNESDAY, OCTOBER 16, 2024/ASVINA 24, 1946 6741 GI/2024 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 16th October, 2024 S.O. 4546(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 Bir Aishwan Wildlife Sanctuary, Punjab in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 3313(E), dated the 26th October, 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. 3313(E), dated the 26th October, 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. 3313(E), dated the 26th October, 2016, namely:- In the said notification, for paragraph 5, the following paragraphs shall be substituted, namely: - "5. Monitoring Committee. (1) The Central Government hereby constitutes a committee for effective monitoring of the Provisions of this notification consisting of the following persons, namely:- (a) Chief Conservator of Forests (Wildlife), Government of Punjab Chairman, ex officio; (b) Representative of Department of Rural Development and Panchayat, Government of Punjab Member, ex officio; (c) Representative of the Regional Office, Punjab State Pollution Control Board Member, ex officio; (d) One representative of Non-governmental Organisations working in the field of environment to be nominated by the Member; Government of Punjab for a period of three years. (e) One expert in the area of ecology and environment to be nominated by the Government of for a period of three Member; years. (f) One representative of the Department of Rural Development and the Housing Department, Government Member, ex officio; of Punjab (g) One representative of Agricultural, Government of Punjab Member, ex officio; (h) One representative of the District Collector of Sangrur Member, ex officio; (i) Member of the State Biodiversity Board Member, ex officio; (j) Divisional Forest Officer (In-charge of Protected Area) 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 Forest, vide number S.O. 1533 (E), dated the 14th September, 2006, and falling in the Eco-sensitive Zone, except for the prohibited activities 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 that notification. (3) The activities not covered in the Schedule to the notification referred to in sub-paragraph (2) and falling in the Eco-sensitive Zone, except for the prohibited activities 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 regulatory authorities concerned. (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 Environment (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 industry associations or stakeholders to assist the committee in its deliberations depending on the requirements a on case to case basis. (6) The Monitoring Committee shall submit the annual 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 pro forma 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. 25/24/2014-/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. 3313 (E), dated the 26th October,

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