Amendment of Doon Valley Uttarakhand

7861 GI/202 3 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 5179] NEW DELHI, THUR SDAY , DECEMBER 21, 2023/ AGRAHAYANA 30, 1945 CG-DL-E-22122023-250817 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 2 1st December , 2023 S.O. 5 409(E).—The following draft amendment in the notification number S.O. 102 (E) dated the 1st February, 1989 and its subsequent amendment dated the 6th January, 2020, and in supersession of the notification issued by the Ministry of Environment, Forest and Climate Change vide S.O. 2125 (E), dated the 13th December, 2007 by subsuming required provisions of the said notification No. S.O. 2125 (E), dated t he 13th December, 2007 , which the Central Government proposes to issue in exercise of the powers conferred by sub -section (1), read with clause (v) and clause (xiv) of sub -section (2) and sub -section (3) of section 3 of the Environment (Protection) Act, 19 86 (29 of 1986) is hereb y published, as required under sub -rule (3) of rule 5 of the Environment (Protection) Rules, 1986, for the information of the public likely to be affected thereby; and notice is hereby given that the said draft notification shall be taken into consideratio n on or after the expiry of a period of sixty days from the date on which copies of the Gazette containing this notification are made available to the public. Any person interested in making any objections or suggestions on the proposals contained in this draft notification may forward the same in writing, for consideration of the Central Government within the period so specified to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor bagh Road, Aliganj, New Delh i-110 003, or send it to the e -mail address of the Ministry at esz [email protected]; Draft Notification WHEREAS, vide notification number S.O. 102(E), dated the 1st February, 1989 (hereinafter referred as the said notification) of the erstwhile Ministry of Envir onment and Forests, restrictions were imposed on location of industries, mining operations and other developmental activities in the Doon Valley; And whereas the said notification was amended from time to time vide notification number S.O. 943 (E), dated the 4th July, 2005; and S.O. 94(E), dated the 6th January, 2020; And whereas, a notification was also issued vide number S.O. 2125 (E), dated the 13th December, 2007, whereby, procedure to be followed for all developmental proposals in the Doon Valley has been prescribed; And whereas all those projects which are not covered under the 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) but which fall under the orange category shall be considered by the State level Environment Impact Assessment Authority and till such time as the State level Impact Assessment Authority is constituted for the State of Uttarakhand, the proposals will be examined by the Central Government, without referring them to the Appraisal Committee, after obtaining the comments of the State Pollution Control Board; And whereas State level Environment Impact Assessment Authority is constituted u nder the EIA notification for considering the projects as per provisions and Schedule of that Notification; And whereas existing orange categories industries, which are now in the red categories of industries shall be continued, however, no expansi on shall be allowed; And whereas a policy decision has been taken by the Central Government to decentralise the approval of Zonal Master Plan (ZMP) or Integrated Master Plan for Eco Sensitive Zones and delegate it to the respective State Governments in o rder to ensure expeditious implementation of projects in the Eco -Sensitive Zone, which is essential for conservation and protection of the environment and associated biodiversity of these ecologically fragile region and protected areas; 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), r ead 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 and in supersession of the notification number S.O. 2125 (E), dated the 13th December, 2007, namely: - In the said notification, - (a) 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 Departmen ts 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 app roved by the competent authority in the State Government of Uttarakhand .”; (iv) All those projects which are not covered under the Environment Impact Assessment Notification issued vide S.O. 1533 (E), dated 14th September, 2006, however, falls under the o range category of industries shall be considered by the Uttarakhand State Pollution Control Board following the due process. (v) All those projects which are covered in the Schedule under the Environment Impact Assessment Notification, issued vide S.O. 153 3 (E), dated 14th September, 2006, will follow the procedure laid down in that notification”. (b) In the note, for clause (d), the following shall be substituted, namely: - “(d) the orange categories industries, which are now in the red categories of indu stries shall be continued and expansion of such orange category industries falling in the Schedule of the notification of the Government of India in the erstwhile Ministry of Environment and Forests number S.O. 1533 (E), dated the 14th September, 2006 (her einafter referred to as the EIA notification) to be allowed only subject to the extant provision pertaining to such expansion as laid down in para 7(ii) 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, from time to time. (c) In the note, after clause (d), the following clauses shall be inserted, namely. - (e) The Uttarakhand State Pollution Control Board to lay down a mechan ism for expansion of the industries referred to in clause (d) which are not falling in the Schedule of the said notification”. (f) The supersession of the notification number S.O. 2125 (E), dated the 13th December, 2007, shall however, not affect – (i) the previous operation of the rule so repealed or anything duly done or suffered thereunder; or (ii) any right, privilege, obligation or liability acquired accrued or i ncurred under the rule so repealed; or (iii) any penalty, or punishment incurred in res pect of any contr avention under rule so repealed; or (d) any proceeding or rem edy in respect of any such right, privilege obligation, liability, penalty, confiscation or punishment as aforesaid, and any such proceeding or remedy may be instituted, continue d or enforced and any such penalty, confiscation or punishment may be imposed or made as if that rule had not been repealed. (iv) Notwithstanding the supersession of notification number S.O. 2125 (E), dated the 13th December, 2007 , anything done or any ac tion taken under the said rule shall be deemed to have been done or taken under the corresponding provisions of this rule. [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 Feb, 1989 and subsequently amended vide S.O. number S.O. 943 (E), dated the 4th July, 2005; and S.O. 94(E), dated the 6th January, 2020. Uploaded by Dte. of P rinting at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.