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Core Purpose

The Central Government makes further amendments to the Islands Protection Zone (IPZ) Notification, 2011 (S.O. 20(E), dated 6th January, 2011) under the Environment (Protection) Act, 1986.

Detailed Summary

The Central Government, through the Ministry of Environment, Forest and Climate Change, issued Notification S.O. 3013(E) on 4th July, 2025, to further amend the Islands Protection Zone (IPZ) Notification, 2011 (S.O. 20(E), dated 6th January, 2011). This amendment is made under sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986), and dispenses with the notice requirement under sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, deemed to be in public interest to ensure conformity with the Environment Impact Assessment Notification, 2006 (S.O. 1533(E), dated 14th September, 2006). The amendments primarily revise paragraph III, item D of the IPZ Notification. Sub-item 8 is substituted to state that IPZ clearance is valid for ten years, with a provision for a maximum one-year extension upon application within the validity period with Coastal Zone Management Authority (CZMA) recommendations. Delays in applying for extension can be condoned by specific authorities (Ministry officials or CZMA members/chairperson) within 30 or 90 days after expiry, but no applications are entertained after 90 days. For projects requiring both environmental and IPZ clearances, validity aligns with the EIA Notification, with extensions requiring recommendations from both CZMA and the Expert Appraisal Committee. Notably, the period from 1st April, 2020, to 31st March, 2021, is excluded from validity calculation due to COVID-19. New sub-items 11, 12, and 13 are inserted, allowing for the transfer of an IPZ clearance to another legal person (sub-item 11) and the splitting and transfer of an IPZ clearance among multiple legal persons (sub-item 12), always on the same terms and conditions and requiring CZMA recommendations. For projects needing both clearances, such transfers must also conform to the EIA Notification (sub-item 13).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-07072025-264426 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 2946] NEW DELHI, FRIDAY, JULY 4, 2025 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 4th July, 2025 S.O. 3013(E).— WHEREAS, by notification of the Government of India in the erstwhile Ministry of Environment and Forests vide number S.O.20 (E), dated the 6th January, 2011 (hereinafter referred to as the Islands Protection Zone (IPZ) Notification, 2011), the Central Government declared certain coastal stretches of the Middle Andaman, North Andaman, South Andaman and Greater Nicobar and entire area of the other islands of the Andaman and Nicobar and the Lakshadweep and their water area upto territorial water limit as the Islands Protection Zone and 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 erstwhile Ministry of Environment and Forests vide number S.O.1533 (E), dated the 14th September, 2006 (hereinafter referred to as the Environment Impact Assessment Notification, 2006), the Central Government directed that new projects or activities or the expansion or modernisation of existing projects or activities listed in the Schedule to the Environment Impact Assessment 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 from the Central Government or by the State Level Environment Impact Assessment Authority, as the case may be; AND WHEREAS, the clearance granted under IPZ Notification, 2011 are also applicable to the new projects or activities or the expansion or modernisation of existing projects or activities which are proposed in the Notification, and are also listed in the Schedule to the EIA Notification, for which Environmental Clearance is granted; AND WHEREAS, certain provision related to validity of clearance in the IPZ Notification, 2011 and its amendment therein is not in conformity with EIA Notification 2006 and the Central Government is of the opinion that it is imperative to amend the IPZ Notification, 2011 to make it in consonance with EIA Notification 2006 as amended; 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 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 the 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 Forests, number S.O. 20(E), dated the 6th January, 2011, namely:- In the said notification, in paragraph III, in item D,— (i) for sub item 8 and the entire relating thereto, the following shall be substituted, namely:- “8 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 Islands Protection Zone 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 clearance along with the recommendations of the Coastal Zone Management Authority concerned: Provided further 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 expiry 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 thereafter 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 referred 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 IPZ clearance shall be entertained. Explanation.- For the purpose of this sub-item, the “validity of clearance” means the period from which IPZ clearance is granted to the applicant, to the start of production operations by the project or activity; or the completion of all construction operations in case of construction projects, to which the application for IPZ clearance refers to. 8 (a) The project which requires both the environmental clearance and IPZ clearance, the validity of such clearances shall be in accordance with the EIA Notification, as amended from 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. 8 (b) Notwithstanding anything contained in sub-item 8, 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 clearance granted under this notification in view of outbreak of Corona Virus (COVID-19).”; (ii) after sub-item 10, the following sub-items shall be inserted, namely:- “11. An IPZ 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 IPZ clearance was initially granted, and for the same period of validity of the clearance. 12. An IPZ 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 application made by the transferor along with requisite documents and the Central Government or the Coastal Zone Management Authority concerned shall split and transfer the clearance to the other legal persons for the respective projects, after obtaining recommendation by the Coastal Zone Management Authority concerned and if required the recommendation of the Expert Appraisal Committee concerned. 13. Notwithstanding anything contained in sub-item 12, the projects requiring both Environmental Clearance and IPZ clearance, the transfer of clearance shall be in accordance with the provisions of the EIA Notification, as amended from time to time, after obtaining recommendation of the concerned CZMA”. [F. No. 19-112/2013-IA.III(Part-3)] VED PRAKASH MISHRA, 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. 20 (E), dated the 6th January, 2011 and subsequently amended as follows:- 1. S.O. 3840(E) dated the 3rd August, 2018 2. S.O. 2090(E) dated the 5th May, 2022

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