Notification, 2024

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 2647] NEW DELHI, TUESDAY, JULY 16, 2024/ASHADHA 25, 1946

MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

NOTIFICATION

New Delhi the 16th July, 2024

S.O. 2783(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 Kapilash Wildlife Sanctuary, Odisha in the Gazette of India, Extraordinary, Part-II,

Section 3, Sub-section (ii), vide number

S.O. 1659 (E), dated the 17th June, 2015; 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. 1659 (E), dated the 17th June, 2015; 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 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. 1659 (E), dated the 17th June, 2015, namely:- In the said notification, for paragraph 5 relating to “Monitoring Committee”, the following paragraph shall be substituted, namely: - “5. Monitoring Committee. – (1) The Central Government hereby constitute a Monitoring Committee consisting of the following persons, namely: - i. The District Collector, Dhenkanal District, Government of Odisha - Chairman, ex officio; ii. Concerned Superintendent of Police - Member, ex officio; iii. Concerned representative of Collector, Cuttack - Member, ex officio; iv. Regional Officer, Odisha State Pollution Control Board - Member, ex officio; v. One expert in the area of Environment, Wildlife and Ecology to be nominated by the Government of Odisha from time to time every three years - Member;

vi. A representative of Non-governmental Organisation working in the field of environment to be nominated by the Government of Odisha from time to time every three years - Member; vii. Concerned Divisional Forest Officer - Member, ex officio; viii. Divisional Forest Officer, Dhenkanal Forest Division - Member Secretary, ex officio.

(2) 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 Forests, 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 maybe, for prior environmental clearances under the provisions of the said notification.

(3) 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.

(4) The Member-Secretary of the Monitoring Committee or the concerned Collector or the concerned 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.

(5) 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.

(6) 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 III.

(7) The Central Government may give such directions in writing, as it deems fit, to the Monitoring Committee for effective discharge of its functions.”.

Note.- The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide notification number

S.O.1659(E), dated the 17th June, 2015. and Published by the Controller of Publications, Delhi-110054.

GORAKHA NATH YADAVA

Provisions this notification answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Environment (Protection) Act, 1986