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Core Purpose

Notification amending the Eco-Sensitive Zone notification for Radhanagri Wildlife Sanctuary, Maharashtra, to reconstitute the Monitoring Committee and its functions.

Detailed Summary

The Ministry of Environment, Forest and Climate Change issued S.O. 4705(E) dated 28th October 2024, 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-rules (3) and (4) of Rule 5 of the Environment (Protection) Rules, 1986, amending the Eco Sensitive Zone notification around Radhanagri Wildlife Sanctuary, Maharashtra (originally issued as S.O. 3630(E) dated 15th October 2020) by dispensing with prior public notice in the public interest and substituting paragraphs 5 and 6 to reconstitute the Monitoring Committee, chaired ex officio by the Collector, Kolhapur, and comprising thirteen members including representatives of the Collector Sindhudurg, the Maharashtra State Pollution Control Board, a Non-Governmental Organisation nominee, an ecology/environment expert, the Senior Town Planner, the Departments of Revenue, Irrigation and Public Works of Maharashtra, the Chief Conservator of Forests/Field Director of Sahyadri Tiger Project, the State Biodiversity Board, and Deputy Conservators of Forests of Sawantwadi and Kolhapur (the latter as Member-Secretary); the amended paragraph 6 redefines the Committee's functions, including scrutiny of activities under the Schedule to notification S.O. 1533(E) dated 14th September 2006, referral of unlisted activities to regulatory authorities, filing complaints under Section 19 of the Environment (Protection) Act, 1986, and submission of an annual action-taken report to the Chief Wildlife Warden by 30th June each year; it is filed under number 25/02/2017-ESZ and signed by Dr. S. Kerketta, Scientist "G".

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-29102024-258300 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 4329] NEW DELHI, MONDAY, OCTOBER 28, 2024/KARTIK 6, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 28th October, 2024 S.O. 4705(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 Radhanagri Wildlife Sanctuary, Maharashtra in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O.3630 (E), dated the 15th October, 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. 3630 (E), dated the 15th October, 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.3630 (E), dated the 15th October, 2020:- In the said notification, for paragraph 5 and 6, the following paragraph shall be substituted, namely:- "5. Monitoring Committee. The Central Government hereby Monitoring Committee, consisting of the following persons, namely: - (i) Collector, Kolhapur Chairman, ex officio; (ii) A representative of the Collector Sindhudurg Member, ex officio; (iii) Regional Officer, Maharashtra State Pollution Control Board Member, ex officio; (iv) One representative of Non-governmental organization Member; working in the field of Wildlife Conservation to be nominated by the State Government of Maharashtra from time to time every three years. (v) One expert in the area of ecology and environment to be Member; nominated by the Government of Maharashtra from time to time every three years. (vi) Senior Town Planner of the area Member, ex officio; (vii) A representative of the Department of Revenue, Government Member, ex officio; of Maharashtra (viii) A representative of the Department of Irrigation, Government Member, ex officio; of Maharashtra (ix) A representative of the Public Works Department, Member, ex officio; Government of Maharashtra (x) A representative of Chief Conservator of Forests and Field Member, ex officio; Director, Sahyadri Tiger Project, Kolhapur (xi) One member of State Biodiversity Board Member, ex officio; (xii) Deputy Conservator of Forests (Territorial), Sawantwadi Member, ex officio; Division (xiii) Deputy Conservator of Forests (Territorial), Kolhapur Member Secretary, ex Division 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 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. (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 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. (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 representative or expert from Department concerned, representative from industry associations or stakeholders to assist in its deliberations depending on the requirements on case to case basis. (5) 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-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. 25/02/2017-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.3630 (E), dated the 15th October, 2020. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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