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Core Purpose

Notification amending the Eco-Sensitive Zone notification for Karera Wildlife Sanctuary, Madhya Pradesh, to reconstitute the Monitoring Committee and redefine its functions.

Detailed Summary

The Ministry of Environment, Forest and Climate Change issued a notification dated 26th July 2024 (S.O. 2984(E)), under Section 3(1), 3(2)(v), 3(2)(xiv) and 3(3) of the Environment (Protection) Act, 1986 (29 of 1986) read with Rule 5(3) and Rule 5(4) of the Environment (Protection) Rules, 1986, amending the notification declaring an Eco-Sensitive Zone around Karera Wildlife Sanctuary, Madhya Pradesh (originally issued vide S.O. 3063(E) dated 18th September 2017). The requirement of prior public notice under Rule 5(3)(a) was dispensed with in the public interest under Rule 5(4). Paragraphs 5 and 6 of the principal notification are substituted: Paragraph 5 reconstitutes the Monitoring Committee to comprise the Divisional Commissioner, Gwalior (Chairman); District Collector, Shivpuri; Superintendent Engineers of the Public Works and Public Health Engineering Departments, Shivpuri; Chief Executive Officer, District Panchayat Shivpuri; one NGO representative and one ecology/environment expert (each nominated by the Government of Madhya Pradesh for three years); representatives of the Town and Country Planning Department, the Pollution Control Board, and the National Biodiversity Board; and the Director, Madhav National Park, Shivpuri (Member Secretary). Paragraph 6 sets out the Committee's functions, including scrutinizing activities under the Schedule to notification S.O. 1533(E) dated 14th September 2006 for referral for prior environmental clearance, scrutinizing other activities for referral to concerned regulatory authorities, filing complaints under Section 19 of the Environment (Protection) Act, 1986, inviting experts or industry representatives as needed, and submitting an annual action-taken report by 30th June each year to the Chief Wildlife Warden. The notification is signed by Dr. S. Kerketta, Scientist G, under File No. 25/73/2015-ESZ/RE.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-27072024-255804 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 2843] NEW DELHI, FRIDAY, JULY 26, 2024/SHRAVANA 4, 1946 4637 GI/2024 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 26th July, 2024 S.O. 2984(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 Karera Wildlife Sanctuary, Madhya Pradesh in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 3063 (E), dated the 18th September, 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 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 the notice under clause (a) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 for amending the notification number S.O.3063 (E), dated the18th September, 2017; NOW, THEREFORE, in exercise of the powers conferred by the sub-section (1) and clauses (v) and (xiv) of sub-section (2) and sub-section(3) of section 3 of Environment (Protection) Act, 1986, (29 of 1986) read with the 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, Forest and Climate Change, published in the Gazette of India, Extraordinary, Part -II, section 3, Sub-section (ii), vide number S.O.3063 (E), dated the 18th September, 2017, namely:- In the said notification, for paragraph 5 and 6, the following paragraph shall be substituted, namely: "5. Monitoring Committee.- (1) The Central Government constitutes a Committee to be known as Monitoring Committee, which shall comprise of the following persons, namely:- (i) Divisional Commissioner, Gwalior - Chairman, ex officio; (ii) District Collector, Shivpuri district - Member, ex officio (iii) Superintendent Engineer, Public Works Department, Shivpuri - Member, ex officio; (iv) Superintendent Engineer, Public Health Engineering, Shivpuri - Member, ex officio; (v) Chief Executive Officer, District Panchayat Shivpuri - Member, ex officio; (vi) One representative of Non-Governmental Organisation working in the field of environment nominated by the Government of Madhya Pradesh for a period of three years - Member; (vii) One expert in the area of ecology or environment nominated by the Government of Madhya Pradesh for a period of three years - Member; (viii) One representative of the Town and Country Planning Department - Member, ex officio; (ix) One representative of the Pollution Control Board - Member, ex officio; (x) One member, National biodiversity Board - Member, ex officio; (xi) Director, Madhav National Park, Shivpuri - 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 the that notification. (2) The activities not covered in the Schedule to the notification referred to in sub-paragraph (1) and falling in the Eco-sensitive Zone, except for the prohibited activities 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. (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 the stakeholders to assist the committee in its deliberations depending on the requirements on case to case basis. (5) 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 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. 25/73/2015-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.3063(E), dated the 18th September, 2017.

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