Amendment in CRZ Notification 2011

4219 GI/202 3 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 2780] NEW DELHI, MON DAY , JULY 3, 2023/ASHADHA 12, 194 5 CG-DL-E-04072023-246989 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIF ICATION New Delhi, the 3rd July, 2023 S.O. 2903 (E).—WHEREAS, the Central Government in the erstwhile Ministry of Environment and Forests, in exercise of the powers conferred by sub -section (1) and clause (v) of sub -section (2) of section 3 of the Environme nt (Protection) Act, 1986 (29 of 1986) has issued a notification in the Gazette of India, Extraordinary, Part II, Section -3, Sub -section (ii), vide number S.O. 19(E), dated the 6th January, 2011 hereinafter referred to as the CRZ Notification, 2011, for de claring certain coastal stretches as Coastal Regulation Zone wherein restrictions were imposed on the setting up and expansion of industries, operations and processes in the said zone; AND WHEREAS, by notification of the Government of India in the erstwh ile Ministry of Environment and Forests number S.O.1533 (E), dated the 14th September, 2006 issued under sub -section (1) and clause (v) of sub - section (2) of section 3 of the Environment (Protection) Act, 1986, read with clause (d) of the sub -rule (3) of r ule 5 of the Environment (Protection) Rules, 1986 (hereinafter referred to as the EIA Notification), the Central Government directed that new projects or activities or the expansion or modernization of existing projects or activities listed in the Schedule to the EIA notification entailing capacity addition with change in process or technology or product shall be undertaken in any part of India only after obtaining prior environmental clearance (EC) from the Central Government or by the State Level Environment Impact Assessment Authority, as the case may be; AND WHEREAS, the clearance granted under CRZ Notification, 2011 (hereinafter referred to as the CRZ clearance) are also applicable to the new projects or activities or the expansion or modernisation of existing projects or activities which are proposed in the Coastal Regulation Zones regulated under the CRZ Notification, 2011 and are also listed in the Schedule to the EIA Notification, for which EC is granted; AND WHEREAS, certain provision in the EIA Notification such as, provision for transfer of clearance is not available in CRZ Notification and provision such as validity of clearance in the CRZ Notification, is not in consonance with EIA Notification. In this regard, the Central Government is of the opinion that it is imperative to amend the CRZ Notification 2011 to make it in consonance with EIA Notification 2006; AND WHEREAS, sub -rule (4) of rule 5 of the Environment (Protection) Ru les, 1986 provides that whenever it appears to the Central Government that it is in public interest so to do, it may dispense with the requirement of notice under clause (a) of sub - rule (3) of the said rules; AND WHEREAS, the Central Government is of the opinion that it is in public interest to dispense with the requirement of notice under clause (a) of sub –rule (3) of rule 5 of the said rules to issue this notification; NOW, THEREFORE, in exercise of the powers conferred by sub -section (1) and clause (v) of sub -section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby, makes the following further amendments in the notification of the Government of India in the erstwhile Ministry of Environment and Fo rests, number S.O. 19(E), dated the 6th January, 2011, namely: - In the said notification, in paragraph 4, in sub -paragraph 4.2, - (A) for clause (v), the following clauses shall be substituted, namely: - “(v) The clearance accorded to the projects under this notification shall be valid for a period of ten years. Provided that the period of validity of the CRZ clearance may be extended by a maximum period of one year, if an application is made by the applicant within the period of validity of the CRZ Clear ance along with the recommendations of the Coastal Zone Management Authority concerned: Provided that where the application for extension of period of validity of clearance under this notification is filed by the applicant - (a) within thirty days after e xpiry of the period of such validity, the delay may be condoned by the head of the division concerned in the Ministry of Environment, Forests and Climate Change or the member -secretary of the Coastal Zone Management Authority, as the case may be, and there after the application shall be referred to the appropriate authority for consideration of the application for extension of period of validity of the clearance; (b) thirty days after expiry of the period of such validity but within ninety days after expiry of such validity, the delay may be condoned by the Minister in charge of the Ministry of Environment, Forests and Climate Change or the chairperson of the Coastal Zone Management Authority, as the case may be; and thereafter the application shall be referr ed to the appropriate authority for consideration of the application for extension of period of validity of the clearance: Provided also that no application for extension filed beyond ninety days after the expiry of the period of validity of CRZ clearance shall be entertained. Explanation. - In this clause, the validity of clearance is meant the period from which a CRZ clearance is granted to the applicant, to the start of production operations by the project or activity; or the completion of all construct ion operations in case of construction projects, to which the application for CRZ clearance refers to. (va) T he project which require both EC and CRZ clearance, the validity of such clearances shall be in accordance with the EIA Notification, as amended f rom time to time: Provided that the extension of period of validity of such clearance shall be after obtaining recommendation from the Coastal Zone Management Authority concerned and the Expert Appraisal Committee concerned. (vb) Notwithstanding anyth ing contained in clause (v), the period from the 1st April, 2020 to the 31st March, 2021 shall not be considered for the purpose of calculation of the period of validity of CRZ clearance granted under this notification in view of outbreak of Corona Virus ( COVID -19).”; (B) after clause (vii), the following clauses shall be inserted, namely: - ‘(viii) A CRZ clearance granted for a specific project or activity to an applicant may be transferred during its validity to another legal person entitled to undertake the project or activity on application by the transferor, or by the transferee with a written “no objection” by the transferor, to, and by the authority concerned, on the same terms and conditions under which the CRZ clearance was initially granted, and f or the same period of validity of the clearance. (ix) A CRZ clearance granted for a specific project, may be split amongst two or more legal persons, entitled to undertake the project and transferred during the validity to another legal person on applicat ion made by the transferor along with requisite documents and the Central Government or the Coastal Zone Management Authority concerned shall split and transfer the CRZ clearance to the other legal persons for the respective projects, after obtaining reco mmendation by the Coastal Zone Management Authority concerned and if required the recommendation of the Expert Appraisal Committee concerned. (x) Notwithstanding anything contained above, the projects requiring both EC and CRZ clearance, the transfer of c learance shall be in accordance with the provisions of the EIA Notification, as amended from time to time, after obtaining recommendation of the concerned Coastal Zone Management Authority.’. [F. No. 19 -112/2013 -IA.III(Part -3)] DR. SUJIT KUMAR BAJPAYEE, Jt. Secy . Note. - The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (ii), vide number S.O. 19 (E), dated the 6th January, 2011 and last amended vide number S.O. 1422( E), dated the 1st May, 2020. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.