Amendment Notification Declaring Eco Sensitive Zone S.O. No. 3142(E) around Van Vihar Wildlife Sanctuary, Rajasthan
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EXTRAORDINARY PUBLISHED BY AUTHORITY No. 3013] NEW DELHI, FRIDAY, JULY 14, 2023/ASHADHA 23, 1945 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 14th July, 2023 S.O. 3142(E).—Whereas the Central Government, in exercise of the power 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 in the Gazette of India, Extraordinary, Part-II, Section 3, sub-section (ii), vide number S.O. 938(E), dated the 23 rd 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. 938(E), dated the 23 rd March, 2017; Now, therefore, in exercise of the powers conferred by sub-section (1) and clauses (v) and (xiv) of sub- section (2) 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 notification number S.O. 938(E), dated the rd March, 2017, namely:- In the said notification, - (i) in paragraph 2, sub-paragraph (2), shall be substituted as follows: “(2) The State Government shall, prepare a Zonal Master Plan, for the purposes of the Eco-sensitive Zone, in consultation with local people and in accordance with this notification, within a period of two years from the date of publication of this amendment notification”. (ii) in paragraph 5, for sub-paragraph (ii), the following sub-paragraph shall be substituted, namely:- “(ii) One representative of Non-Governmental Organisation working in the field of environment to be nominated by the State Government for a term of three years in each case”; (iii) for paragraph 6, the following paragraph shall be substituted, namely:- “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 Forest, vide number S.O. 1553 (E), dated the th 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 maybe, for consideration of grant of prior environmental clearances under the provisions of the said notification. (2) The activities not 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 14 th September, 2006 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 appropriate authority. (3) The Member-Secretary of the Monitoring Committee or the Collector concerned or the Deputy Conservator concerned 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 the Department concerned, 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 giving full account of its activities during the previous financial year by the 30 th June of that year to the Chief Wildlife Warden of the State in proforma 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 under this notification.”. Note : The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide notification number S.O. 938(E), dated the 23 rd March, 2017. and Published by the Controller of Publications, Delhi-110054. MANOJ KUMAR VERMA