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Core Purpose

Notification amending the Eco-Sensitive Zone notification S.O. 1258(E) dated 31 May 2012, issued under Section 3 of the Environment (Protection) Act, 1986, to transfer certain State-level oversight functions from the Central Government to the Revenue Department and State Environment Impact Assessment Authority of Gujarat.

Detailed Summary

The Ministry of Environment, Forest and Climate Change issued Notification S.O. 5316(E) dated 12 December 2023, 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-rules (3) and (4) of Rule 5 of the Environment (Protection) Rules, 1986, amending the Eco-Sensitive Zone notification S.O. 1258(E) dated 31 May 2012 (issued by the erstwhile Ministry of Environment and Forests) after dispensing with prior public notice as being in the public interest; the amendments require the State Government to prepare a Zonal Master Plan within two years from 12 December 2023 (revised sub-paragraph (1) of paragraph 2), route pending new construction/development referrals through the Monitoring Committee to the Central Government or the State Environment Impact Assessment Authority, Gujarat (revised sub-paragraph (7) of paragraph 2), and replace references in paragraph 4 to 'a representative of the Ministry of Environment and Forests, Government of India' with 'a representative of the Revenue Department, Government of Gujarat,' while other Monitoring Committee members are now to be nominated by the State Government (tenure not exceeding three years) with Central Government approval; issued under F. No. 25/5/2012-ESZ/RE and signed by Dr. S. Kerketta, Scientist 'G'.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 5087] NEW DELHI, TUES DAY , DECEMBER 12, 2023/ AGRAHAYANA 21, 1945 CG-DL-E-13122023-250630 CG-DL-E-13122023-250630 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 opinio n 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, therefo re, 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 Ce ntral 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 pre paration 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 Author ity, 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 no t 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 o f Environment, Forest and Climate Change or the State Environment Impact Assessment Authority, Gujarat, as the case may be” shall be substituted. [F.No. 25/5/2012 -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. 1258 (E), dated the 31st May, 2012. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and P ublished by the Controller of Publications, Delhi -110054.

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