Amendment S.O. No.(E) 3591 in Final Notification Delclaring Eco Sensitive Zone Chandaka Dampara Wildlife Sanctuary, Odisha

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 3274] NEW DELHI, FRIDAY, AUGUST 23, 2024/BHADRA 1, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 23rd August, 2024 S.O. 3591(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 Chandaka Dampara Wildlife Sanctuary, Odisha in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) vide number S.O.2906(E), dated the 9th September, 2016; 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 chance (a) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 for amending the notification number S.O.2906(E), dated the 9th September, 2016; 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 notification number S.O.2906(E), dated the 9th September, 2016, namely; In the said notification, for paragraph 5, 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 Collector, Kurda Chairman, ex officio; (ii) A Representative of Collector, Cuttack Member, ex officio; (iii) A Representative of Superintendent of Police, Khurda Member, ex officio; (iv) A Representative of Deputy Commissioner of Police, Cuttack (v) Divisional Forest Officer, Khurda Member, ex officio; (vi) A representative of the Department of Forests and Environment, Government of Odisha (vii) An expert in the area of Ecology and Environment to be nominated by the Government of Odisha from time to time every three years. Member, (viii) A representative of Non-Governmental Organisation working in the field of environment (including heritage conservation) to be nominated by the Government of Odisha from time to time every three years. Member, (ix) Regional Officer, Odisha State Pollution Control Board, Bhubaneshwar (x) Representative of Department of Mines, Government of Odisha (xi) Representative of Department of Urban Development, Government of Odisha (xii) Representative of Department of Tourism, Government of Odisha (xiii) Member of State Biodiversity Board Member, ex officio; (xiv) The Divisional Forest Officer, In charge of Chandaka Dampara Wildlife Sanctuary 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 Forest, 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 (2) 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-IV. (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 1: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide notification number S.O. 2906(E), dated the 9th September, 2016. Note 2: It is clarified that in case of any discrepancy between the translated version of final notification (Hindi version) and final notification (English version) published vide notification number 2906(E), dated the 9th September, 2016, in the official gazette dated 9th September, 2016, the provisions contained in the English version, published vide S.O. 2906(E), dated the 9th September, 2016 shall prevail. and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH YADAVA