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Core Purpose

Notification under section 3 of the Environment (Protection) Act, 1986 amending the Eco-Sensitive Zone notification for Pocharam Wildlife Sanctuary to reconstitute the Monitoring Committee and redefine its functions.

Detailed Summary

S.O. 4548(E), issued by the Ministry of Environment, Forest and Climate Change on 16 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, amends the notification declaring an Eco-Sensitive Zone around Pocharam Wildlife Sanctuary (S.O. 1699(E) dated 26 May 2017) by substituting paragraphs 5 and 6, dispensing with the notice requirement under rule 5(3)(a) as being in the public interest; reconstitutes the Monitoring Committee chaired by the District Collector, Nizamabad, with members including a representative of the District Collector, Medak, a nominated NGO representative and ecology expert (each for three years), the Regional Officer of the State Pollution Control Board, a Senior Town Planner/Chief Urban Planner, Divisional Forest Officers (Territorial) of Medak and Nizamabad, a Member of the State Biodiversity Board, and the Divisional Forest Officer Wildlife Management, Medak/District Wildlife Warden, Medak as Member Secretary; redefines the Committee's functions to include scrutinizing activities under the earlier notification S.O. 1533(E) dated 14 September 2006 for prior environmental clearance, referring uncovered activities to regulatory authorities, empowering the Member-Secretary, Collector or Deputy Conservator of Forests to file complaints under section 19 of the Environment (Protection) Act, 1986, and submitting an annual action-taken report to the Chief Wildlife Warden by 30 June each year; signed by Dr. S. Kerketta, Scientist "G", F. No. 25/60/2014-ESZ-RE.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-17102024-257990 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 4184] NEW DELHI, WEDNESDAY, OCTOBER 16, 2024/ASVINA 24, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 16th October, 2024 S.O. 4548(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 Pocharam Wildlife Sanctuary, Madhya Pradesh in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O.1699 (E), dated the 26th May 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, 1986provides 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. 1699 (E), dated the 26th May 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 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. 1699 (E), dated the 26th May 2017, namely:- In the said notification, - (a) For paragraph 5 and 6, the following paragraphs shall be substituted, namely:- "5. Monitoring Committee. - The Central Government hereby constitutes a Monitoring Committee for effective monitoring of the provisions of this notification consisting of the following persons, namely:- (a) District Collector, Nizamabad Chairman, ex officio (b) One representative of District Collector, Medak Member, ex officio; (c) One representative of Non-Governmental Organisation working in the field of environment to be nominated by the Government of Telangana for a period of three years Member (d) One expert in the area of ecology and environment to be nominated by the Government of Telangana for a period of three years. Member (e) Regional Officer, State Pollution Control Board Member, ex officio; (f) Senior Town Planner of the area or Chief Urban Planner or City Planner Member, ex officio; (g) Divisional Forest Officer (Territorial), Medak Member, ex officio; (h) Divisional Forest Officer (Territorial), Nizambad Member, ex officio; (i) Member, State Biodiversity Board Member, ex officio; (j) Divisional Forest Officer, Wildlife management, Medak and District Wildlife Warden Medak Member, ex-officio Secretary.; 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 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 may be, for prior environmental clearances under the provisions of the 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 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. (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. (4) The Monitoring Committee may invite a representative or expert from the Department, a representative from the industry associations or stakeholders to assist the committee in its deliberations depending on the requirements on a case-to-case basis. (5) 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 by the 30th June of that year to the Chief Wildlife Warden 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. 25/60/2014-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. 1699(E), dated the 26th May 2017.

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