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Core Purpose

Amendment to the notification declaring an Eco-Sensitive Zone around Tipeshwar Wildlife Sanctuary, Maharashtra, reconstituting and redefining the functions of its Monitoring Committee.

Detailed Summary

Notification S.O. 3956(E) issued by the Ministry of Environment, Forest and Climate Change, in exercise of powers under section 3(1), 3(2)(v) and (xiv), and 3(3) of the Environment (Protection) Act, 1986 (29 of 1986) read with rule 5(3), and having dispensed with prior notice under rule 5(4) of the Environment (Protection) Rules, 1986 in the public interest, amends the notification declaring an Eco-Sensitive Zone around Tipeshwar Wildlife Sanctuary, Maharashtra (originally issued as S.O. 4892(E) dated 18th September, 2018) by substituting paragraphs 5 and 6; the amended paragraph 5 reconstitutes the Monitoring Committee with the District Collector, Yavatmal as ex-officio Chairman, the Chief Executive Officer of Zilha Parishad Yavatmal, the Regional Officer of the Maharashtra State Pollution Control Board Amravati, the Town Planning Officer Yavatmal, a nominated NGO representative, a nominated ecology/environment expert, a representative of the Additional Principal Chief Conservator of Forests (East) Wildlife Nagpur, a State Biodiversity Board member, and the Deputy Conservator of Forests, Pandharkawda Forest Division as Member Secretary; the amended paragraph 6 defines the Committee's functions to scrutinise activities under the Schedule to notification S.O. 1553(E) dated 14th September 2006 for referral for environmental clearance, scrutinise non-Schedule activities for referral to regulatory authorities, empowers the Member-Secretary or Collector or Deputy Conservator of Forests to file complaints under section 19 of the Act, allows inviting outside experts, and requires an annual action-taken report to the Chief Wildlife Warden by 30th June; the notification was issued by Dr. S. Kerketta, Scientist "G".

Full Text

5943 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 3617] NEW DELHI, TUES DAY , SEPTEMBER 17, 2024 / BHADRA 2 6, 194 6 CG-DL-E-18092024-257204 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 6th September , 2024 S.O. 3956(E).—WHEREAS, the Centra l 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 Tipeshwar Wildlife Sanctuary, Maharashtra in the Gazette of India, Extraordinary, Part -II, Section 3, Sub -section (ii), vide number S.O. 4892 (E), dated the 18th September, 2018; 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 WHERE AS, 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. 4892 (E), dated the 18th September, 2018; 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. 4892 (E), dated the 18th September, 2018, namely: - In the said notification, for paragraphs 5 and 6, the following paragraph shall be respectively substituted, namely: - “5. Monitoring Committee . - (1) The Central Government hereby constitutes a Monitoring Committee consisting of the following persons, namely: - (i) District Collector, Yavatmal Chairman, Ex -officio; (ii) Chief Executive Officer, Zilha Parishad, Yavatmal Member, Ex -officio; (iii) Regional Officer, Maharashtra State Pollution Control Board, Amravati Member, Ex -officio; (iv) Town Planning Officer, Yavatmal Member, Ex -officio; (v) One representative of non -governmental organization working in the field of Environment and heritage conservation to be nominated by the State Government of Maharashtra from time to time every three years. Member. (vi) One expert in the area of ecology and environment to be nominated by the Government of Maharashtra from time to time every three years. Member. (vii) Representative of additional Principal Chief Conservator Of Forests, (East) Wildlife, Nagpur Member, Ex -officio; (viii) Member of State Biodiversity Board Member, Ex -officio; (ix) Deputy Conservator of Forests, Pandharkawda 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 Forest, vide number S.O. 1553 (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 in the State in pro-forma specified in Annexure -V. (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. 25/127/2015 -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. 4892 (E), dated the 18th September, 2018. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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