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Core Purpose

Notification amending the Eco-Sensitive Zone notification for Talacauvery Wildlife Sanctuary, Karnataka, to reconstitute the Monitoring Committee and its functions.

Detailed Summary

Vide S.O. 4343(E) dated 7th October 2024, the Ministry of Environment, Forest and Climate Change, in exercise of powers under sub-section (1), 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, and having dispensed with the notice requirement under sub-rule (3)(a) of rule 5 as being in the public interest, amended the Eco-Sensitive Zone notification for Talacauvery Wildlife Sanctuary, Karnataka (originally issued vide S.O. 1564(E) dated 15th May 2017) by substituting paragraphs 5 and 6 to reconstitute a ten-member Monitoring Committee chaired by the Regional Commissioner, Mysore, comprising the MLA of Madikeri constituency, representatives of Karnataka's Department of Forest, Ecology and Environment and Department of Urban Development, the Regional Officer of the Karnataka State Pollution Control Board, the Deputy Commissioner of Kodagu District, a nominated ecology/wildlife expert, a nominated NGO representative, a member of the Karnataka State Biodiversity Board, and the Deputy Conservator of Forests, Madikeri Wildlife Division as Member Secretary, and to redefine the Committee's functions, including scrutiny of activities under the Schedule to notification S.O. 1533(E) dated 14th September 2006 falling within the Eco-Sensitive Zone, referral for environmental clearance, authority to file complaints under section 19 of the Environment (Protection) Act, 1986, and a requirement to submit an annual action-taken report to the Chief Wildlife Warden by 30th June; the notification was issued under F. No. 25/163/2015-ESZ-RE and signed by Dr. S. Kerketta, Scientist 'G'.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-08102024-257745 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 3984] NEW DELHI, MONDAY, OCTOBER 7, 2024/ASVINA 15, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 7th October, 2024 S.O. 4343(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 Talacauvery Wildlife Sanctuary, Karnataka in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 1564(E), dated the 15th May, 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. 1564(E), dated the 15th May, 2017; 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. 1564(E), dated the 15th May, 2017, namely:- In the said notification, for paragraphs 5 and 6, the following paragraphs shall be substituted, namely: - "5. Monitoring Committee. - The Central Government hereby constitutes a Monitoring Committee for effective monitoring of the provisions of this notification consisting of the following persons, namely:- (1) Regional Commissioner, Mysore Chairman, 'exofficio; (2) Hon'ble Member of Legislative Assembly, Madikeri Member, 'exofficio; Constituency, Kodagu District * (3) Representative of the Department of Forest, Ecology and Member, 'exofficio; Environment, State Government of Karnataka (4) Representative of the Department of Urban Development, Member, 'exofficio; State Government of Karnataka (5) Regional officer, Karnataka State Pollution Control Board Member, 'exofficio; (6) Deputy Commissioner or his representative, Kodagu District, Member, 'exofficio; Madikeri (7) One expert in ecology or wildlife from a reputed InstitutionMember; or University to be nominated by the State Government of Karnataka after every three years (8) One representative of a Non-Governmental Organization Member; working in the field of Environment or Wildlife (including heritage conservation) to be nominated by the state Government of Karnataka after every three years (9) Member, Karnataka State Biodiversity Board Member, 'exofficio; (10) Deputy Conservator of Forests, Madikeri Wildlife Division,Member Secretary, Madikeri 'exofficio; *Subject to the State Government of Karnataka obtaining relevant approvals inter alia including permissions from the speaker of the legislative assembly, if required. "6. 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, vide 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 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 (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 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 by the 30th June of that year in proforma 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". [F. No. 25/163/2015-ESZ-RE] Dr. S. KERKETTA, Scientist "G" Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide notification number S.O. 1564(E), dated the 15th May, 2017.

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