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Core Purpose

Notification amending paragraphs 5 and 6 of the Eco-Sensitive Zone notification for Nalsarovar Bird Sanctuary, Gujarat, to reconstitute the Monitoring Committee and redefine its functions.

Detailed Summary

The Ministry of Environment, Forest and Climate Change issued S.O. 4572(E) dated 18th 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 (3) of rule 5 of the Environment (Protection) Rules, 1986. It amends the notification declaring an Eco-Sensitive Zone around Nalsarovar Bird Sanctuary, Gujarat, originally issued as S.O. 1812(E) dated 7th June 2017, invoking sub-rule (4) of rule 5 to dispense with the notice requirement under sub-rule (3)(a) in the public interest. Paragraphs 5 and 6 of the original notification are substituted: paragraph 5 reconstitutes a Monitoring Committee chaired ex officio by the Collector, Surendranagar, with members including a representative of the Collector, Ahmedabad, a Regional Officer of the Gujarat State Pollution Control Board, an NGO representative nominated by the Gujarat Government for three years, an ecology, ornithology, or wildlife expert nominated by the Gujarat Government for three years, a Member of the Gujarat State Biodiversity Board, a groundwater hydrology expert from the Central Ground Water Board, West Central Region, Gujarat, and the Deputy Conservator of Forests in charge of Nalsarovar Bird Sanctuary as ex officio Member Secretary. Paragraph 6 defines the Committee's functions, including scrutinizing activities under the Schedule to notification S.O. 1533(E) dated 14th September 2006 within the Eco-Sensitive Zone, excluding prohibited activities under the Table to paragraph 4, and referring them for environmental clearance to the Central Government or the State Environment Impact Assessment Authority; scrutinizing non-Schedule activities and referring them to concerned regulatory authorities; empowering the Member-Secretary, Collector, or Deputy Conservator of Forests to file complaints under section 19 of the Environment (Protection) Act, 1986; permitting the Committee to invite experts or industry and stakeholder representatives; requiring an annual action-taken report to the Chief Wildlife Warden by 30th June each year in the prescribed proforma, Annexure-V; and allowing the Central Government to issue written directions to the Committee. Filed under F. No. 25/89/2015-ESZ-RE, signed by Dr. S. Kerketta, Scientist G.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-19102024-258077 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 4206] NEW DELHI, FRIDAY, OCTOBER 18, 2024/ASVINA 26, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 18th October, 2024 S.O. 4572(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 Nalsarovar Bird Sanctuary, Gujarat in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O.1812 (E), dated the 07th June, 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. 1812 (E), dated the 07th June, 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. 1812 (E), dated the 07th June, 2017, namely:- In the said notification, For paragraph 5 and 6, the following paragraphs shall be substituted, namely:- "5. Monitoring Committee. – (1) The Central Government hereby constitutes a Monitoring Committee for effective monitoring of the provisions of this notification consisting of the following persons, namely:- +-----+--------------------------------------------------------------------------------+---------------------+ | No. | Member Description | Designation | +=====+================================================================================+=====================+ | (1) | Collector, Surendranagar | Chairman, ex officio; | +-----+--------------------------------------------------------------------------------+---------------------+ | (2) | Representative of Collector, Ahmedabad | Member, ex officio; | +-----+--------------------------------------------------------------------------------+---------------------+ | (3) | Regional officer, Gujarat State Pollution Control Board | Member, ex officio; | +-----+--------------------------------------------------------------------------------+---------------------+ | (4) | One representative of a Non-Governmental Organisation working in the | Member; | | | field of Environment or Wildlife (including heritage conservation) to be | | | | nominated by the Government of Gujarat for a period of three years | | +-----+--------------------------------------------------------------------------------+---------------------+ | (5) | One expert in the area of ecology or ornithology or wildlife from a | Member; | | | reputed institution or university to be nominated by the State | | | | Government of Gujarat for a period of three years | | +-----+--------------------------------------------------------------------------------+---------------------+ | (6) | Member, Gujarat State Biodiversity Board | Member, ex officio; | +-----+--------------------------------------------------------------------------------+---------------------+ | (7) | One expert in the field of groundwater hydrology from the Central | Member, ex officio; | | | Ground Water Board, West Central Region, Gujarat | | +-----+--------------------------------------------------------------------------------+---------------------+ (8) Deputy Conservator of Forests, (Incharge of the Nalsarovar Bird Sanctuary 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, 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 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 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 to the Chief Wildlife Warden by the 30th June of that year 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. 25/89/2015-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. 1812(E), dated the 07th June, 2017.

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