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Core Purpose

Notification by the Ministry of Environment, Forest and Climate Change under Section 3 of the Environment (Protection) Act, 1986 amending the Eco-Sensitive Zone notification S.O. 1259(E) dated 31st May 2012, including a provision dispensing with the prior notice requirement.

Detailed Summary

By notification S.O. 5313(E) dated 12th December 2023, the Ministry of Environment, Forest and Climate Change recorded that the Central Government had earlier, 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, issued notification S.O. 1259(E) dated 31st May 2012, and, being of the opinion that it was in the public interest to dispense with the notice requirement under clause (a) of sub-rule (3) of Rule 5 pursuant to sub-rule (4) of Rule 5, now amends that principal notification: in paragraph 2, sub-paragraph (1) is substituted to require the State Government to prepare a Zonal Master Plan for the Eco-Sensitive Zone, in consultation with local people, within two years from 12.12.2023, and in sub-paragraph (8) the words 'and approval thereof by the Ministry of Environment and Forests' are omitted; in paragraph 4, sub-paragraph (2), clause (b) substitutes 'Ministry of Environment and Forests, Government of India' with 'Revenue Department in the State Government', clause (c) substitutes 'Government of India' with 'State Government from time to time, for a tenure not exceeding three years each, with the approval of the Central Government', and clause (g) makes the same substitution as clause (b). The notification bears file number F. No. 25/3/2012-ESZ/RE and was signed by Dr. S. Kerketta, Scientist 'G'.

Full Text

7708 GI/202 3 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 5084] NEW DELHI, TUESDAY , DECEMBER 12 , 2023/ AGRAHAYANA 21, 1945 CG-DL-E-12122023-250606 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANG E NOTIFICATION New Delhi, the 12th December, 2023 S.O. 5313(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. 1259 (E), dated the 31st May, 2012; And whereas the Central Governm ent 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. 1259 (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, Extraordinar y, Part -II, Section 3, Sub -section (ii), vide number S.O. 1259 (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 s hall 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) in sub -paragraph (8), the words, “and approval ther eof by the Ministry of Environment and Forests”, shall be omitted; (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 Government”, 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, with the approval of the Central Government”, shall be substituted; (c) in clause (g), for the wo rds “Ministry of Environment and Forests, Government of India”, the words, “State Government from time to time, for a tenure not exceeding three years each, with the approval of the Central Government” shall be substituted. [F. No. 25/3/2012 -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. 1259 (E), dated the 31st May, 2012. Uploade d 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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