Notification, 2023

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 5087] NEW DELHI, TUESDAY, DECEMBER 12, 2023/AGRAHAYANA 21, 1945

MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

NOTIFICATION

New Delhi, the 12th December, 2023

S.O. 5316(E).—Whereas the Central Government, 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 (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. 1258 (E), dated the 31st May, 2012; 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. 1258 (E), dated the 31st May, 2012; 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, in the erstwhile Ministry of Environment and Forests, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number

S.O. 1258 (E), dated the 31st May, 2012, namely:- In the said notification,-

(1) in paragraph 2,-

(a) for sub-paragraph (1), the following sub-paragraph shall be substituted, namely:- “(1) 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 12.12.2023.”;

(b) for sub-paragraph (7), the following sub-paragraph shall be substituted, namely:- “(7) Pending the preparation of Zonal Master Plan for Eco-Sensitive Zone all new constructions and developmental activities shall be referred to the Central Government in the Ministry of Environment, Forest and Climate Change, or the State Environment Impact Assessment Authority, Gujarat, as the case may be, by the Monitoring Committee as per sub-paragraph (4) of paragraph 4 of the notification.”;

(2) in paragraph 4,-

(a) in sub-paragraph (2),-

(i) in clause (b), for the words, “a representative of the Ministry of Environment and Forests, Government of India”, the words, “a representative of the Revenue Department, Government of Gujarat”, shall be substituted;

(ii) in clause (c), for the words, “nominated by the Government of India”, the words, “nominated by the State Government for a tenure not exceeding three years each, with the approval of the Central Government”, shall be substituted;

(iii) in clause (g), for the words, “nominated by the Ministry of Environment and Forests, Government of India”, the words, “nominated by the State Government for a tenure not exceeding three years each, with the approval of the Central Government”, shall be substituted;

(b) in sub-paragraph (4), for the words, “Central Government in the Ministry of Environment and Forest”, the words “Central Government in the Ministry of Environment, Forest and Climate Change or the State Environment Impact Assessment Authority, Gujarat, as the case may be” shall be substituted. Note.- The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide notification number

S.O. 1258 (E), dated the 31st May, 2012. and Published by the Controller of Publications, Delhi-110054.

MANOJ KUMAR VERMA

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