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Core Purpose

Notification under Section 3 of the Environment (Protection) Act, 1986 amending paragraphs 5 and 6 of the Eco-Sensitive Zone notification for Neora Valley National Park to reconstitute the Monitoring Committee and redefine its functions, dispensing with the prior-notice requirement in the public interest.

Detailed Summary

The Ministry of Environment, Forest and Climate Change, by notification S.O. 4500(E) dated 14th October 2024, recites that it had earlier declared an Eco-Sensitive Zone around Neora Valley National Park vide S.O. 2994(E) dated 11th September 2017 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 (3) of rule 5 of the Environment (Protection) Rules, 1986, and that it considers it necessary and in the public interest to dispense with the prior-notice requirement under clause (a) of sub-rule (3) of rule 5 and amend the notification under sub-rule (4) of rule 5; it accordingly substitutes paragraphs 5 and 6 of S.O. 2994(E) to constitute a Monitoring Committee comprising the Deputy Commissioner (Chairman, ex officio), an NGO representative and an ecology/environment expert both nominated by the Government of West Bengal for three-year terms, a representative of the West Bengal Pollution Control Board, a representative of the District Land and Land Reforms Officer, a Member of the State Biodiversity Board, and the Divisional Forest Officer, Gorumara Wildlife Division (Member Secretary, ex officio), and assigns the Committee functions including scrutinising activities under the Schedule to notification S.O. 1533(E) dated 14th September 2006 falling within the Eco-Sensitive Zone and referring them for environmental clearance, scrutinising non-scheduled activities for referral to concerned regulatory authorities, empowering the Member-Secretary, Collector or Deputy Conservator of Forests to file complaints under section 19 of the Act, and requiring an annual action-taken report by 30th June to the Chief Wildlife Warden; signed by Dr. S. Kerketta, Scientist "G" (F. No. 25/38/2016-ESZ-RE).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-18102024-257957 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 4137] NEW DELHI, MONDAY, OCTOBER 14, 2024/ASVINA 22, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 14th October, 2024 S.O. 4500(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 Neora Valley National Park, Maharashtra in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 2994 (E), dated the 11th September, 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. 2994(E), dated the 11th September, 2017; 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. 2994 (E), dated the 11th September, 2017, 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) The Deputy Commissioner - Chairman, ex officio; (ii) one representative of Non-Governmental - Member; Organisations working in the field of environment (including heritage conservation) to be nominated by the Government of West Bengal from time to time every three years (iii) an expert in the area of ecology and - Member; environment to be Member; nominated by the Government of West Bengal from time to time every three years (iv) representative of the West Bengal Pollution Member, ex officio; Control Board (v) representative of District Land and Land Member, ex officio; Reforms Officer (vi) Member of the State Biodiversity Board Member, ex officio; (vii) Divisional Forest Officer, Gorumara Wildlife Member Secretary. Division 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 Forest, vide number S. O. 1533(E), dated the 14th September, 2006, and are 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 said notification. (2) The activities not covered in the Schedule to the notification referred to in sub- paragraph (1) and are 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 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. (4) The Monitoring Committee may invite representative or expert from the Department, representative from the industry associations or the stakeholders to assist the committee in its deliberations depending on the requirements on case to case basis. (5) The Monitoring Committee shall submit the action taken report annually of its activities for the period up to the 31st March of every year to the Chief Wildlife Warden of the State by the 30th June of that year 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. 25/38/2016-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. 2994(E), dated the 11th September, 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.

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