Notification, 2024

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 2982] NEW DELHI, MONDAY, AUGUST 5, 2024/ SHRAVANA 14, 1946

MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

NOTIFICATION

New Delhi,the 5th August 2024

S.O. 3126 (E).—In exercise of the powers conferred by sub-section (1) and clause (v) and clause (xiv) of sub-section (2) and sub-section (3) of section 3 of the Environment (Protection) Act, 1986 (29 of 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 notification number

S.O. 1311(E), dated the 26th April, 2017, namely:- In the said notification, for paragraph 5, the following paragraph shall be substituted, namely: “5. Monitoring Committee. — The Central Government constitutes a Committee to be known as Monitoring Committee which shall comprise of the following persons, namely:

(1) The Conservator of Forests or the Deputy Conservator of Forests (Wildlife) Park and Sanctuary, State Government of Manipur

(2) Senior Town Planner of the area Member, ex officio;

(3) Senior Environment Engineer, Manipur State Pollution Control Board, Imphal

(4) One representative of a Non-Governmental Organisation working in the field of Environment or Wildlife (including heritage conservation) nominated by the State Government of Manipur for a period of three years Member;

(5) One expert in wildlife or ecology or environment nominated by the State Government of Manipur for a period of three years Member;

(6) Member, Manipur State Biodiversity Board Member, ex officio;

(7) Divisional Forest Officer, National Park Member Secretary, ex officio;

“5A. 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, number

S.O. 1533 (E), dated the 14th September, 2006, and are falling in the Eco-sensitive Zone, except for the prohibited activities 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 are 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 Deputy Commissioner 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 stakeholders to assist the committee in its deliberations depending on the requirements on a case to case basis.

(5) The Monitoring Committee shall submit the action taken report of its activities annually for the period up to the 31st March of every year to the Chief Wildlife Warden of the State by the 30th June of that year in proforma 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.” Note: The principal notification was published in the Gazette of India, Extraordinary, Part II,

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

S.O. 1311(E), dated the 26th April, 2017. 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