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Core Purpose

Notification under Section 3 of the Environment (Protection) Act, 1986 amending the Eco-Sensitive Zone notification for Nugu Wildlife Sanctuary, Karnataka to reconstitute its Monitoring Committee.

Detailed Summary

S.O. 3039(E), issued by the Ministry of Environment, Forest and Climate Change on 30th July 2024, amends the notification S.O. 3132(E) dated 27th September 2017 declaring an Eco-Sensitive Zone around Nugu Wildlife Sanctuary, Karnataka, exercising powers 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, having dispensed with the notice requirement under sub-rule (3)(a) of rule 5 in the public interest; it substitutes paragraphs 5 and 6 of the 2017 notification to constitute a new Monitoring Committee comprising the Regional Commissioner, Mysuru (Chairman, ex officio), representatives of the Karnataka Department of Environment and Department of Urban Development, an NGO representative and an ecology/environment expert (both nominated by the Government of Karnataka every three years), the Regional Officer, Karnataka State Pollution Control Board, Mysuru, a representative of the State Biodiversity Board, the Deputy Commissioner, Mysuru District, and the Director and Conservator of Forests, Nugu Wildlife Sanctuary, Bandipur (Member Secretary, ex officio); the Committee's functions include scrutinising activities under the Schedule to notification S.O. 1533(E) dated 14th September 2006 for referral for prior environmental clearance, scrutinising other activities for referral to concerned regulatory authorities, filing complaints under section 19 of the Environment (Protection) Act, 1986, and submitting an annual action-taken report by 30th June each year to the Chief Wildlife Warden; signed by Dr. S. Kerketta, Scientist 'G', under file number 25/11/2016-ESZ-RE.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-30072024-255920 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 2898] NEW DELHI, TUESDAY, JULY 30, 2024/SHRAVANA 8, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 30th July, 2024 S.O. 3039(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 Nugu Wildlife Sanctuary, Karnataka in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 3132(E), dated the 27th 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 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. 3132(E), dated the 27th September, 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, Forest and Climate Change, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 3132(E), dated the 27th September, 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 for effective monitoring of the provisions of this notification consisting of the following persons, namely:- (i) The Regional Commissioner, Mysuru - Chairman, ex officio; (ii) One representative of the Department of Environment, Government of Karnataka - Member, ex officio; (iii) One representative of the Department of Urban Department, Government of Karnataka - Member, ex officio; (iv) One representative of a Non-governmental Organization working in the field of Environment or Wildlife including heritage conservation to be nominated by the Government of Karnataka after every three years - Member; (v) One expert in the area of ecology or environment to be nominated by the Government of Karnataka after every three years - Member; (vi) Regional Officer, Karnataka State Pollution Control Board, Mysuru - Member, ex officio; (vii) One representative of the State Biodiversity Board - Member, ex officio; (viii) Deputy Commissioner or his representative, Mysuru District - Member, ex officio; (ix) The Director and Conservator of Forests, Nugu Wildlife Sanctuary, Bandipur - 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 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 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, 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 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. 25/11/2016-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. 3132(E), dated the 27th September, 2017.

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