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Core Purpose

Notification amending Appendix-IX of the Environmental Impact Assessment Notification, 2006 to revise the exemptions for earth extraction for linear projects and dredging/de-silting activities.

Detailed Summary

By S.O. 3840(E) dated 30th August 2023, the Ministry of Environment, Forest and Climate Change, in exercise of powers under sub-section (1) and clause (v) 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, and after dispensing with prior notice under clause (a) of sub-rule (3) of rule 5 in public interest, amended the notification number S.O. 1533(E) dated 14th September 2006 (the EIA Notification, originally issued under the erstwhile Ministry of Environment and Forests, which had been earlier amended vide notification number S.O. 1224(E) dated 28th March 2020 and subsequently vide S.O. 2226(E) dated 18th May 2023), following directions of the National Green Tribunal, Principal Bench, New Delhi, dated 28th October 2020 in Original Application No. 190 of 2020 (Noble M Paikada vs. Union of India & Ors.); the amendment substitutes serial numbers 6 and 7 of Appendix-IX so that extraction, sourcing or borrowing of ordinary earth for linear projects such as roads and pipelines, and dredging and de-silting of dams, reservoirs, weirs, barrages, rivers and canals for maintenance, upkeep and disaster management, shall be subject to compliance with standard operating procedures and environmental safeguards issued from time to time; the notification is issued under F. No. 3-70/2020-IA.III and signed by Dr. Sujit Kumar Bajpayee, Joint Secretary.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 3679] NEW D ELHI, THURS DAY, AUGUST 31, 2023/ BHADRA 9, 194 5 CG-DL-E-31082023-248436 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 30th August , 2023 S.O. 3840(E).—WHEREAS, the Central Government in the erstwhi le Ministry of Environment and Forests, under sub -section (1) and clause (v) of sub -section (2) of s ection (3) of the Environment (Protection) Act, 1986 issued a notification vide number S.O.1533 (E), dated the 14th September, 2006 (hereinafter referred to as the EIA Notification) for mandating prior environmental clearance for certain categories of proj ects; AND WHEREAS, the Central Government, interalia, amended Appendix -IX to the EIA Notification vide notification number S.O. 1224(E), dated the 28th March, 2020, to exempt certain activities from the requirement of prior environmental clearance in respe ct of certain projects; AND WHEREAS, the National Gre en Tribunal, Principal Bench at New Delhi vide its order dated the 28th October, 2020 in Original Application No. 190 of 2020 in the matter of Noble M Paikada vs. Union of India & Ors. passed the directi ons for revisiting the said notification; NOW, THEREF ORE, in exercise of the powers conferred by sub -section (1) and clause (v) 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 Go vernment, after having dispensed with the requirement of notice under clause (a) of sub -rule (3) of rule 5 of the said rules, in public interest, hereby makes following further amendments in the notifi cation of the Government of India number S.O 1533( E) , dated the 14th September, 2006, namely: - In the said notification, in Appendix -IX, for serial numbers 6 and 7 and the entries relating thereto, the following serial number and entries shall be substitu ted, namely: - “6. Extraction or sourcing or borrowing of ordinary earth for the linear projects such as roads, pipelines, etc. shall be subject to the compliance of standard operating procedures and environmental safeguards issued in this regard from time to time. 7. Dredging and de -silting of dams, reservoi rs, weirs, barrages, river and canals for the purpose of their maintenance, upkeep and disaster management shall be subject to the compliance of environmental safeguards issued in this regard from time to time.”. [F. No. 3-70/2020 -IA.III ] DR. SUJIT KUMAR BAJPAYEE , Jt. Secy. Note: The principal notification was published in the Gazette of India, Extraordinary Part -II, Section 3, Sub-section (ii) vide, number S.O. 1533(E), dated the 14th September, 2006 and last amended vide the notification number S.O. 2226 (E), dated the 18th May, 2023. Uploaded by Dte. of Pri nting at Gove rnment of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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