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Core Purpose

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

Detailed Summary

On 19 December 2024, the Ministry of Environment, Forest and Climate Change issued S.O. 5494(E) under 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, dispensing with the requirement of prior notice under rule 5(3)(a) in the public interest and amending paragraphs 5 and 6 of the Eco-Sensitive Zone notification for Gudavi Bird Sanctuary, Karnataka (originally S.O. 2148(E), dated 6 July 2017): the amendment reconstitutes the Monitoring Committee to comprise the Regional Commissioner, Mysore (Chairman, ex officio); the Member of Legislative Assembly, Soraba Constituency, Shivamogga District; representatives of Karnataka's Department of Environment and Department of Urban Development; the Regional Officer, Karnataka State Pollution Control Board, Shivamogga; the Deputy Commissioner, Shivamogga (or representative); a Karnataka-government-nominated ecology/wildlife expert and NGO representative (renewed every three years); a Member of the Karnataka State Biodiversity Board; and the Deputy Conservator of Forests, Wildlife Division, Shivamogga (Member Secretary); the amended functions direct the Committee to scrutinise activities under the Schedule to notification S.O. 1533(E) dated 14 September 2006 and refer matters for prior environmental clearance under Central Government or State Environment Impact Assessment Authority provisions, empower the Member-Secretary, Collector or Deputy Conservator of Forests to file complaints under section 19 of the Environment (Protection) Act, 1986, and require an annual action-taken report to the Chief Wildlife Warden by 30 June each year. Signed by Dr. S. Kerketta, Scientist "G", under F. No. 25/146/2015-ESZ-RE.

Full Text

8206 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 5086 ] NEW DELHI, THURSDAY , DEC EMBER 19, 2024 /AGRAHAYANA 28, 194 6 CG-DL-E-19122024-259540 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 19th December , 2024 S.O. 5494 (E).— WHEREAS the Central Government, in exercise of the powers conferred by sub -section (1) and clauses (v) and (xiv) of sub -section (2) of section (3) section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub -rule (3) of rule 5 of the Envi ronment (Protection) Rules, 1986, issue d a notification to declare an Eco-Sensitive Zone around Gudavi Bird Sanctuary, Karnataka in the Gazette of India, Extraordinary, Part -II, Section 3, Sub -section (ii), vide number S.O. 2148 (E), dated the 06th July, 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 (P rotection) Rules, 1986 for amending the notification number S.O. 2148 (E), dated the 06th July, 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 th e 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 notifica tion of the Government of India in the Ministry of E nvironment and Forest and Climate Change , published in the Gazette of India, Extraordinary, Part -II, Section 3, Sub -section (ii), vide S.O. 2148 (E), dated the 06th July, 2017 namely: - In the said notification, for paragraphs 5 and 6, the following paragraphs shall be substituted, namely: - “5. Monitoring Committee . — There shall be a committee to be known as Monitoring Committee constituted by the Central Government which shall comprise of the following persons, namely: - (i) Regional Commissioner, Mysore Chairman, ex officio ; (ii) Member of Legislative Assembly Soraba Constituency, Shivamogga District * Member, ex officio ; (iii) Representative of the Department of Environment, Government of Karnataka Member, ex officio ; (iv) Representative of the Department of Urban Development, Government of Karnataka Member, ex officio ; (v) Regional officer, Karnataka State Pollution Control Board , Shivamogga Member, ex officio ; (vi) Deputy Commissioner or his representative, Shivamogga Member, ex officio ; (vii) One expert in ecology or wildlife from a reputed institution or university to be nominated by the Government of Karnataka after every three years Member; (viii) One representative of a non -governmental organisation working in the field of environment or wildlife including heritage conservation to be nominated by the Government of Karnataka after every three years Member; (ix) Member , Karnataka State Biodiversity Board Member , ex officio ; (x) The Deputy Conservator of Forests, Wildlife Division, Shivamogga Member Secretary, ex officio . *(Subject to the State Government of Karnataka obtaining relevant approvals inter alia including permission from the Speaker of Legislative Assembly, Karnataka, if required). 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 Governme nt 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 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 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 Moni toring 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 compl aint 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 Department, representative from industry associa tions or 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 acti vities for the period up to the 31st March of every year by the 3 0th June of that year to t he Chief Wildlife Warden in pro forma speci fied 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. 25/146/2015 -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 number S.O. 2148 (E), dated the 06th July, 2017. 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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