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Core Purpose

Notification making amendments to the notification number S.O. 102 (E), dated the 1st February, 1989, under the Environment (Protection) Act, 1986.

Detailed Summary

The Ministry of Environment, Forest and Climate Change, exercising powers under sections 3 and 5 of the Environment (Protection) Act, 1986 and rule 5(3) of the Environment (Protection) Rules, 1986, issues two notifications dated 13th May, 2025. Notification S.O. 2125(E) amends the notification S.O. 102 (E), dated 1st February, 1989, after considering objections and suggestions received on the draft notification S.O. 5409(E), dated 21st December, 2023. The amendments substitute paragraphs (iii), (iv), and (v) and clause (d) in the note of S.O. 102(E). The substituted paragraphs mandate that plans like Tourism Plan, Grazing Plan, Master Plan of Development, Land Use Plan, Zonal Master Plan, and Integrated Master Plan for Uttarakhand shall be prepared by the State Government with involvement of relevant departments, integrating environmental concerns, and approved by the competent authority in the State Government of Uttarakhand. Projects not covered under the Environment Impact Assessment Notification S.O. 1533 (E), dated 14th September, 2006, but falling under orange category industries, shall be considered by the Uttarakhand State Pollution Control Board. Projects covered under the Schedule of S.O. 1533 (E) shall follow its procedure. The note is amended to state that orange category industries which are now in red categories shall continue, and expansion of such industries listed in the Schedule of S.O. 1533 (E) is subject to extant provisions of sub-para (ii) of para 7 of that notification and related directions. The Uttarakhand State Pollution Control Board shall establish a mechanism for expansion of industries in clause (d) not in the Schedule of S.O. 1533 (E). Notification S.O. 2126(E) rescinds the order S.O. 2125 (E), dated 13th December, 2007, except for past actions.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-14052025-263083 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 2080] NEW DELHI, TUESDAY, MAY 13, 2025/VAISAKHA 23, 1947 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 13th May,2025 S.O. 2125(E).— WHEREAS a draft notification was published in the Gazette of India, Extraordinary, vide notification of the Government of India in the Ministry of Environment, Forest and Climate Change number S.O. 5409(E), dated the 21st, December 2023, inviting objections and suggestions from all persons likely to be affected thereby within the period of sixty days from the date on which copies of the Gazette containing the said notification were made available to the public; AND WHEREAS copies of the Gazette containing the said draft notification were made available to the public on the 21st December, 2023; AND WHEREAS objections and suggestions received from persons in response to the said draft notification have been considered by the Central Government; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) and clauses (v) and (xiv) of sub-section (2) and sub-section (3) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) (hereafter in this notification referred to as the Environment Act), read with sub-rule (3) 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 number S.O. 102 (E), dated the 1st February, 1989, namely:- In the said notification, - (a) (b) for paragraphs (iii), (iv) and (v) the following paragraphs shall be substituted, namely: – "(iii) Tourism Plan, Grazing Plan, Master Plan of Development and Land Use Plan, and any other such Plan including Zonal Master Plan, Integrated Master Plan shall be prepared by the State Government with due involvement of all concerned State Departments such as Environment, Forest, Urban Development, Tourism, Municipality, Revenue, Public Works, Water Resources, Horticulture, Panchayati Raj, Rural Development, Pollution Control Board, etc., for integrating environmental concern into it and shall be approved by the competent authority in the State Government of Uttarakhand.”; (iv) The projects which are not covered under the Environment Impact Assessment Notification issued vide number S.O. 1533 (E), dated the 14th September, 2006, however, falls under the orange category of industries shall be considered by the Uttarakhand State Pollution Control Board following the due process. (v) The projects which are covered in the Schedule under the Environment Impact Assessment Notification, issued vide number S.O. 1533 (E), dated the 14th September, 2006, shall follow the procedure laid down in that notification". in the note, for clause (d), the following clauses shall be substituted, namely:- "(d) the orange categories industries, which are now in the red categories of industries shall be continued and expansion of such orange category industries falling in the Schedule of the (e) notification of the Government of India in the erstwhile Ministry of Environment and Forests number S.O. 1533 (E), dated the 14th September, 2006 (hereinafter referred to as the EIA notification) to be allowed only subject to the extant provision pertaining to such expansion as laid down in sub-para (ii) of para 7 of said notification, as amended from time to time, and related extant directions issued in this regard by the Central Government in the Ministry of Environment, Forest and Climate Change, from time to time. The Uttarakhand State Pollution Control Board shall lay down a mechanism for expansion of the industries referred to in clause (d) which are not falling in the Schedule of the said notification.". [F. No. 25/6/2012-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 S.O. 102(E), dated the 1st February, 1989 and amended S.O. 94(E), dated the 6th January, 2020. NOTIFICATION New Delhi, the 13th May,2025 S.O. 2126 (E) .— In exercise of the powers conferred by sub-section (1) and clauses (v) and (xiv) of sub-section (2) and sub-section (3) of section 3 and section 5 of the Environment (Protection) Act, 1986 (29 of 1986), read with sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government being satisfied that it is necessary in the public interest so to do, hereby rescinds the order 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. 2125 (E), dated the 13th December, 2007, except as respects things done or omitted to be done before such rescission. [F. No. 25/6/2012-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 number S.O. 2125(E), dated the 13th December, 2007.

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