Amendment: Tungareshwar Wildlife Sanctuary (Maharashtra) S.O. No. 4566(E)

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 4200] NEW DELHI, FRIDAY, OCTOBER 18, 2024/ASVINA 26, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 18th October, 2024 S.O. 4566(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 Tungereshwar Wildlife Sanctuary, Maharashtra in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 3250 (E), dated the 11th September, 2019; 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. 3250 (E), dated the 11th September, 2019; 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. 3250 (E), dated the 11th September, 2019, namely:- In the said notification, for paragraphs 5 and 6, the following paragraph shall be respectively substituted, namely: - “5. Monitoring Committee. - The Central Government hereby constitutes a Monitoring Committee consisting of the following persons, namely:- (i) District Collector, Palghar District Chairman, Ex-officio; (ii) Chief Conservator of Forest and Director Sanjay Gandhi National Park Member, ex officio; (iii) An expert in Biodiversity nominated by the State Government from time to time every three years. (iv) Deputy Collector, Thane District. Member, ex officio; (v) One representative of non-governmental organization working in the field of wildlife conservation to be nominated by the State government from time to time every three years. Member (vi) One expert in the area of ecology and environment from reputed university or Institution to be nominated by the Government of Maharashtra from time to time every three years. Member (vii) Regional Officer, Maharashtra State Pollution Control Board, Mumbai or Thane (viii) Town Planning Officer, Palghar or Thane Member, ex officio; (ix) Assistant Conservator of Forest (L.R.P.) Thane Member, ex officio; (x) Forest Surveyor of Thane Division Member, ex officio; (xi) Conservator of Forests (Wildlife), Nashik Member, ex officio; (xii) Divisional Forest Officer, Sanjay Gandhi National Park Borivali. Member Secretary, ex 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 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 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 Act, 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 in 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”. Note.- The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide notification number S.O. 3250 (E), dated the 11th September, 2019. and Published by the Controller of Publications, Delhi-110054. SARVESH KUMAR SRIVASTAVA