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Core Purpose

Amendment of the Kaimur Eco-Sensitive Zone notification (S.O. 891(E) dated 20th March 2017) under the Environment (Protection) Act, 1986 to reconstitute the Monitoring Committee and redefine its functions.

Detailed Summary

By notification S.O. 2143(E), dated 29th May 2024, the Ministry of Environment, Forest and Climate Change, exercising powers 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 (4) of rule 5 of the Environment (Protection) Rules, 1986, amends its earlier notification S.O. 891(E), dated 20th March 2017. Citing the public interest, the Central Government dispenses with the prior-notice requirement under rule 5(3)(a) of the Environment (Protection) Rules, 1986 and substitutes paragraphs 5 and 6 of the 2017 notification. New paragraph 5 reconstitutes the Monitoring Committee comprising the Commissioner, Mirzapur (Chairman, ex officio), representatives of the District Magistrates of Sonbhadra and Mirzapur, the Regional Officer of the Uttar Pradesh Pollution Control Board, the Senior Town Planner, an ecology and environment expert nominated triennially by the Government of Uttar Pradesh, a representative of a non-governmental organisation working in environment and heritage (also nominated triennially by Uttar Pradesh), a member of the State Biodiversity Board, and the Deputy Conservator of Forests, Kaimur Wildlife Division (Member Secretary, ex officio). New paragraph 6 defines the Monitoring Committee's functions, including scrutiny of activities listed in the Schedule to the earlier notification of the Ministry of Environment and Forest, S.O. 1533(E), dated 14th September 2006, falling within the Eco-Sensitive Zone (excluding prohibited activities under the Table to paragraph 4), referral of clearance matters to the Central Government or the State Environment Impact Assessment Authority, referral of non-scheduled activities to concerned regulatory authorities, authority to file complaints under section 19 of the Environment (Protection) Act, 1986, submission of an annual action-taken report by 30th June each year to the Chief Wildlife Warden of the State in the format at Annexure-IV, and power of the Central Government to issue directions to the Committee. The notification is issued under File No. 25/112/2015-ESZ/RE and signed by Dr. S. Kerketta, Scientist "G".

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-30052024-254434 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 2044] NEW DELHI, WEDNESDAY, MAY 29, 2024/JYAISHTHA 8, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 29th May, 2024 S.O. 2143(E).—Whereas the Central Government, in exercise of the powers conferred by sub-section (1) and clauses (v) and (xiv) of sub-section (2) of section (3) 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 in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 891 (E), dated the 20th March, 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. 891 (E), dated the 20th March, 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 and Forest and Climate Change, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 891 (E), dated the 20th March, 2017, namely:- In the said notification, for paragraphs 5 and 6, the following paragraphs shall be substituted, namely : - "5. Monitoring Committee. - The Central Government hereby constitutes a Monitoring Committee consisting of the following persons, namely: - (i) Commissioner, Mirzapur Chairman, ex officio; (ii) A representative of District Magistrate, Sonbhadra Member, ex officio; (iii) A representative of District Magistrate, Mirzapur Member, ex officio; (iv) Regional Officer, Uttar Pradesh Pollution Control Board, Sonbhadra or Mirzapur Member, ex officio; (v) Senior Town Planner of the area Member, ex officio; (vi) An expert in the area of Ecology and Environment to be nominated by the Government of Uttar Pradesh from time to time every three years. Member; (vii) A representative of Non-Governmental Organisation [working in the field of environment and heritage] to be nominated by the Government of Uttar Pradesh from time to time every three years. Member; (viii) Member of State Biodiversity Board Member, ex officio; (ix) Deputy Conservator of Forests, Kaimur Wildlife Division Member Secretary, ex officio." 6. Functions of 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 refer 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 concerned Collector or the concerned Deputy Conservator of Forests may 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 concerned Department, representative from industry associations or concerned 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-IV, appended to this notification. (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. 25/112/2015-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. 891(E), dated the 20th March, 2017. 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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