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Core Purpose

Notification under section 3 of the Environment (Protection) Act, 1986 amending paragraph 5 of notification S.O. 1175(E) dated 12th April, 2017 to reconstitute the Monitoring Committee for the Bhamragarh Wildlife Sanctuary Eco-Sensitive Zone in Maharashtra.

Detailed Summary

Issued by the Ministry of Environment, Forest and Climate Change on 14th October 2024 as S.O. 4495(E) (F. No. 25/12/2015-ESZ-RE), this notification, made 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 (3) of rule 5 of the Environment (Protection) Rules, 1986, amends paragraph 5 of the earlier notification S.O. 1175(E) dated 12th April 2017 which had declared an Eco-Sensitive Zone around Bhamragarh Wildlife Sanctuary, Maharashtra; invoking sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986 to dispense with the notice requirement under clause (a) of sub-rule (3) in the public interest, it substitutes paragraph 5 to reconstitute the Monitoring Committee comprising the Collector of Gadchiroli District (Chairman, ex-officio), the Deputy Conservator of Forests (Wildlife), Allapalli, representatives of Maharashtra Government departments (Revenue, Police, Public Works, Industries, Water Resources, Urban Development, Rural Development), an NGO representative and an ecology/environment expert nominated by the Maharashtra Government, the Regional Officer of the Maharashtra State Pollution Control Board, the Member-Secretary or Member of the State Biodiversity Board, the Senior Town Planner Buldhana, and the Deputy Conservator of Forests (T)-Bhamragarh as Member Secretary; the Committee's functions, referencing the Schedule to notification S.O. 1533(E) dated 14th September 2006, include scrutinizing activities in the Eco-sensitive Zone and referring matters for environmental clearance, and it is signed by Dr. S. Kerketta, Scientist 'G'.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-24102024-257943 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 4132] NEW DELHI, MONDAY, OCTOBER 14, 2024 6666 GI/2024 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 14th October, 2024 S.O. 4495(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 Bhamragarh Wildlife Sanctuary, Maharashtra in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 1175(E), dated the 12th April, 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. 1175(E), dated the 12th April, 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. 1175(E), dated the 12th April, 2017, namely:- In the said notification, for paragraphs 5, 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 Collector of Gadchiroli District | Chairman, ex-officio; | +----------------------------------------------------------------------------------+------------------------------+ | (ii) The Deputy Conservator of Forests (Wildlife), Allapalli | Member, exofficio; | +----------------------------------------------------------------------------------+------------------------------+ | (iii) A representative each of Department of Revenue, police, Public Works | Member, exofficio; | | Department, Industries, Water Resources, Urban Development, Rural | | | Development of Government of Maharashtra | | +----------------------------------------------------------------------------------+------------------------------+ | (iv) A representative of Non-Governmental Organisation working in the field of | Member; | | environment to be nominated by the Government of Maharashtra from time to | | | time every three years. | | +----------------------------------------------------------------------------------+------------------------------+ | (v) One expert in the area of ecology and environment to be nominated by the | Member; | | Government of Maharashtra from time to time every three years. | | +----------------------------------------------------------------------------------+------------------------------+ | (vi) The Regional Officer, Maharashtra State Pollution Control Board | Member, exofficio; | +----------------------------------------------------------------------------------+------------------------------+ | (vii) Member-Secretary or Member, State Biodiversity Board | Member, exofficio; | +----------------------------------------------------------------------------------+------------------------------+ | (viii) The Senior Town Planner, Buldhana | Member, exofficio; | +----------------------------------------------------------------------------------+------------------------------+ | (ix) Deputy Conservator of Forests (T)- Bhamragarh | Member Secretary exofficio." | +----------------------------------------------------------------------------------+------------------------------+ (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 may be, for prior environmental clearances under the provisions of the said notification. (3) The activities not covered in the Schedule to the notification referred to in sub-paragraph (2) 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. (4) 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. (5) 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. (6) 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 of the State in pro- forma specified in Annexure-IV. (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. 25/12/2015-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. 1175(E), dated the 12th April, 2017.

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