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Core Purpose

Notification amending the Eco-Sensitive Zone notification for Bhagwan Mahaveer Wildlife Sanctuary, Goa to reconstitute the Monitoring Committee under the Environment (Protection) Act, 1986.

Detailed Summary

By notification S.O. 3548(E) dated 21st August 2024, the Ministry of Environment, Forest and Climate Change, exercising powers 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 Eco-Sensitive Zone notification for Bhagwan Mahaveer Wildlife Sanctuary, Goa, originally issued as S.O. 221(E) dated 23rd January 2015 and last amended vide S.O. 3513(E) dated 7th August 2023, dispensing with the prior-notice requirement under rule 5(3)(a) as being in the public interest. Paragraph 5 of the principal notification is substituted to reconstitute the Monitoring Committee, comprising the Chief Secretary of Goa (Chairman), the Member-Secretary of the State Pollution Control Board, Principal Secretaries from designated Goa government departments (Forest and Environment, Rural Development, Agriculture, Urban Development, Housing, Mining, Ports, Transport and Revenue), an ecology/environment expert and an NGO representative each nominated by the Goa Government for three years, a community-based organisation representative, and the Chief Conservator of Forests, Goa (Member-Secretary). The Committee is tasked with scrutinising activities in the Eco-Sensitive Zone against the Schedule to notification S.O. 1533(E) dated 14th September 2006, referring matters for environmental clearance, filing complaints under section 19 of the Act for contraventions, and submitting an annual action-taken report to the Chief Wildlife Warden by 30th June each year. The notification is signed by Dr. S. Kerketta, Scientist "G", under File No. 25/34/2013-ESZ-RE.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-22082024-256565 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 3232] NEW DELHI, WEDNESDAY, AUGUST 21, 2024/SHRAVANA 30, 1946 [F. No. 25/34/2013-ESZ-RE] MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 21st August, 2024 S.O. 3548(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 Bhagwan Mahaveer Wildlife Sanctuary, Goa in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 221(E), dated the 23rd January, 2015; 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. 221(E), dated the 23rd January, 2015; 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. 221(E), dated the 23rd January, 2015, namely:- In the said notification, for paragraph 5, the following paragraphs shall be substituted, namely: - "5. Monitoring Committee. - (1) The Central Government hereby constitutes a committee for effective monitoring of the Provisions of this notification consisting of the following persons, namely:- (i) Chief Secretary, Government of Goa Chairman, ex officio; (ii) Member-Secretary, State Pollution Control Board Member, ex officio; (iii) Principal Secretary of the Government of Goa from Departments of Members, ex officio; Forest and Environment, Rural Development, Agriculture, Urban Development, Housing, Mining, Ports, Transport, and Revenue (iv) One expert in ecology or environment from reputed Institution or Member; University to be nominated by the Government of Goa for three years (v) One representative of a Non-Governmental Organisation working Member; in the field of Environment or Wildlife including heritage conservation to be nominated by the Government of Goa for three years (vi) One representative of community based organisation to be Member; nominated by the Government of Goa for three years (vii) Chief Conservator of Forests, Government of Goa Member Secretary, ex officio; (2) 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 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 maybe, for prior environmental clearances under the provisions of the that notification. (3) The activities not covered in the Schedule to the notification referred to in sub-paragraph (2) 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. (4) 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. (5) The Monitoring Committee may invite one representative or expert from Department, representative from industry associations or stakeholders to assist in its deliberations depending on the requirements on case to case basis. (6) The Monitoring Committee shall submit the action taken report annually 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 proforma specified in Annexure-IV, appended to this notification. (7) 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. 25/34/2013-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. 221(E), dated the 23rd January, 2015 and last amended vide number S.O. 3513(E), dated the 7th August, 2023.

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