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Core Purpose

Notification amending the Eco-Sensitive Zone notification (S.O. 4204(E) dated 28th December 2016) around Kathlaur Kushalia Wildlife Sanctuary, Punjab, to reconstitute the Monitoring Committee and its functions.

Detailed Summary

The Ministry of Environment, Forest and Climate Change (MoEFCC), exercising powers under section 3(1), 3(2)(v), 3(2)(xiv) and 3(3) of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, issued S.O. 4647(E) dated 24 October 2024 amending its earlier notification S.O. 4204(E) dated 28 December 2016, which had declared an Eco-Sensitive Zone around Kathlaur Kushalia Wildlife Sanctuary, Punjab. Citing public interest, the Central Government dispensed with the prior-notice requirement under rule 5(3)(a) of the 1986 Rules and substituted paragraphs 5 and 6 of the principal notification. The amendment reconstitutes the Monitoring Committee to consist of the Chief Conservator of Forests (Wildlife), Government of Punjab (Chairman, ex officio); a representative of the Department of Rural Development and Panchayat, Punjab (Member, ex officio); the Regional Officer, Punjab State Pollution Control Board (Member, ex officio); one NGO representative in the field of environment nominated by Punjab for three years (Member); one ecology/environment expert nominated by Punjab for three years (Member); a representative of the Department of Rural Development and Housing, Punjab (Member, ex officio); a Member of the Punjab State Biodiversity Board (Member, ex officio); an agriculture representative of Punjab (Member, ex officio); a representative of the District Collector of Gurdaspur (Member, ex officio); and the Divisional Forest Officer in charge of the Protected Area (Member Secretary, ex officio). The revised paragraph 6 assigns the Committee the function of scrutinising activities within the Schedule to a related notification (S.O. 1533(E) dated 14 September 2006, erstwhile Ministry of Environment and Forest) falling in the Eco-Sensitive Zone (excluding prohibited activities under the Table to paragraph 4), and referring them for environmental clearance to the Central Government/MoEFCC or the State Environment Impact Assessment Authority; it also empowers the Member-Secretary, Collector, or Deputy Conservator of Forests to file complaints under section 19 of the Environment (Protection) Act, 1986, and requires the Committee to submit an annual action-taken report (for the period ending 31 March) to the Chief Wildlife Warden by 30 June each year in the format at Annexure-IV. The notification was issued under F. No. 25/35/2014-/ESZ/RE by Dr. S. Kerketta, Scientist "G".

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-24102024-258217 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 4273] NEW DELHI, THURSDAY, OCTOBER 24, 2024/KARTIKA 2, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 24th October, 2024 S.O. 4647(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 Kathlaur Kushalia Wildlife Sanctuary, Punjab in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O.4204 (E), dated the 28th December, 2016; 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.4204 (E), dated the 28th December, 2016; 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.4204 (E), dated the 28th December, 2016, 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 committee for effective monitoring of the provisions of this notification consisting of the following persons, namely:- (i) Chief Conservator of Forests (Wildlife), Government of Punjab Chairman, ex officio; (ii) One representative of Department of Rural Development and Panchayat, Member, ex officio; State Government of Punjab (iii) Regional Officer, Punjab State Pollution Control Board Member, ex officio; (iv) One representative of Non-governmental Organisations working in the field of environment nominated by the Government of Punjab for a period Member of three years. (v) One expert in the area of ecology and environment nominated by the State Government of Punjab for a period of three years. Member (vi) One representative of Department of Rural Development and Housing Department, Government of Punjab Member, ex officio; (vii) Member of the Punjab State Biodiversity Board Member, ex officio; (viii) One representative of Agricultural, Government of Punjab Member, ex officio; (ix) One representative of District Collector of Gurdaspur Member, ex officio; (x) Divisional Forest Officer (In-charge of Protected Area) 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, number S.O. 1533 (E), dated the 14th September, 2006, and falling in the Eco-sensitive Zone, except for the prohibited activities 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 are 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 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 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-IV. (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. 25/35/2014-/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. 4202 (E), dated the 28th December, 2016.

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