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Core Purpose

Notification amending the Eco Sensitive Zone notification for Naigaon Mayur Wildlife Sanctuary, Maharashtra, to reconstitute the Monitoring Committee, under the Environment (Protection) Act, 1986.

Detailed Summary

S.O. 4637(E) dated 23rd October 2024, issued by the Ministry of Environment, Forest and Climate Change 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 notification declaring an Eco Sensitive Zone around Naigaon Mayur Wildlife Sanctuary, Maharashtra (originally S.O. 3034(E) dated 7th September 2020), dispensing with the notice requirement under rule 5(3)(a) in the public interest. Paragraphs 5 and 6 of the original notification are substituted: paragraph 5 constitutes a Monitoring Committee chaired ex officio by the District Collector, Beed, comprising the Regional Officer (Maharashtra State Pollution Control Board), an NGO representative and an ecology/environment expert (both nominated triennially by the Maharashtra Government), representatives of the Department of Environment and Town Planning office (Beed), the Chief Conservator of Forest (Aurangabad Circle), the Deputy Conservator of Forest (Wildlife, Aurangabad), and the Divisional Forest Officer (Beed) as Member Secretary; paragraph 6 sets out its functions, including scrutinizing activities under the Schedule to notification S.O. 1533(E) dated 14th September 2006 within the Eco-Sensitive Zone and referring them for environmental clearance, filing complaints under Section 19 of the Environment (Protection) Act, 1986 for contraventions, and submitting an annual action-taken report by 30th June to the Chief Wildlife Warden. Filed under F. No. 25/53/2017-ESZ and signed by Dr. S. Kerketta, Scientist "G".

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-24102024-258207 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 4263] NEW DELHI, WEDNESDAY, OCTOBER 23, 2024/KARTIKA 1, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 23rd October, 2024 S.O. 4637(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 Naigaon Mayur Wildlife Sanctuary, Maharashtra in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 3034 (E), dated the 7th September, 2020; 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. 3034 (E), dated the 7th September, 2020; 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 in the Ministry of Environment and Forest and Climate Change, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 3034 (E), dated the 7th September, 2020; namely: In the said notification, for paragraph 5 and 6, the following paragraph shall be substituted namely: "5. Monitoring Committee. – The Central Government hereby constitutes a Monitoring Committee consisting of the following persons, namely:— (i) District Collector, Beed Chairman, ex officio; (ii) Regional Officer, Maharashtra State Pollution Control Board Member, ex officio; (iii) one representative of non-governmental organization working in the field of Environment to be nominated by the State Government of Maharashtra from time to time every three years. Member; (iv) one expert in the area of ecology and environment to be nominated by the Government of Maharashtra from time to time every three years. Member; (v) a representative of the Department of Environment, Government of Maharashtra Member, ex officio; (vi) a representative of the Town Planning office, Beed Member, ex officio; (vii) Chief Conservator of Forest, Aurangabad Circle Member, ex officio; (viii) Deputy Conservator of Forest (Wildlife), Aurangabad Member, ex officio; (ix) Divisional Forest Officer, Beed Member Secretary, ex officio. 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, vide number S.O. 1533 (E), dated the 14th September, 2006 and 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 that 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 9specified 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 concerned, 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 action taken report of its activities annually 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 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. 25/53/2017-ESZ] 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. 3034 (E), dated the 7th September, 2020.

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