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Core Purpose

Notification amending the 2012 Eco-Sensitive Zone notification under the Environment (Protection) Act, 1986 to transfer certain approval and monitoring functions from the Ministry of Environment and Forests to the State Government.

Detailed Summary

Notification S.O. 3515(E) dated 7th August 2023 issued by the Ministry of Environment, Forest and Climate Change under 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, amending the Eco-Sensitive Zone notification S.O. 1257(E) dated 31st May 2012, and dispensing with the prior notice requirement under sub-rule (4) of rule 5 as being in the public interest; the amendments require the State Government (rather than a body approved by the Ministry) to prepare a Zonal Master Plan for the Eco-sensitive Zone in consultation with local people within two years of the amendment's publication, remove the requirement of approval by the Ministry of Environment and Forests for the Zonal Master Plan, and substitute references to 'Ministry of Environment and Forests, Government of India' and 'Government of India' with 'Revenue Department in the State Government' and 'State Government' (with committee member tenures not exceeding three years) in paragraph 4; signed by Dr. S. Kerketta, Scientist 'G', under file number F.No. 25/4/2012-ESZ/RE.

Full Text

5063 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 3364] NEW DELH I, MON DAY, AUGUST 7, 2023/ SHRAVANA 16, 1945 CG-DL-E-07082023-247902 MINISTRY OF ENVIRONMENT, FOREST AND C LIMATE CHANGE NOTIFICATION New Delhi , the 7th August , 2023 S.O. 3515(E).— Whereas the Central Government, in exercise of the power conferred by sub section (1) and clauses (v) and (xiv) of sub -section (2) of section 3 of the Environment (Protection) Act 1 986 (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. 1257 (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 opin ion 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. 1257 (E), dated the 31st May, 2012; Now, ther efore, in exercise of the powers conferred by sub -section (1) read with clause (v) and clause (xiv) of sub -section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986), and sub -rules (3) and (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following amendment 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. 1257 (E), dated the 31st May, 2012, namely: - In the said notification, - (i) 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 date of publication of this amendment notification.”; (b) in sub -paragraph (7), the words, “and app roval thereof by the Ministry of Environment and Forests”, shall be deleted; (ii) in paragraph 4, in sub -paragraph (2), - (a) in clause (b), for the words “Ministry of Environment and Forests, Government of India”, the words “Revenue Department in the State Govern ment”, shall be substituted; (b) in clause (c), for the words “Government of India”, the words, “State Government from time to time, for a tenure not exceeding three years each”, shall be substituted; (c) in clause (g), for the words “Ministry of Environment and Forests, Government of India”, the words, “State Government from time to time, for a tenure not exceeding three years each”, shall be substituted. [F. No. 25/4/2012 -ESZ/RE ] Dr. S. KERKETTA, Scientist ‘G’ Note. - The principal notification was published i n the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (ii), vide notification number S.O. 1257 (E), dated the 31st May, 2012. 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.

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