S.O.2163 (E) dated 09/05/2022-Amendment in EIA Notification, 2006

Che Gazette of India .3 21.0e.-37.-10052022-235675 EXTRAORDINARY TR &y PUBLISHED BY AUTHORITY No. 2058] NEW DELHI, MONDAY, MAY 9, 2022/VAISAKHA 19, 1944 5 feeh, 9 #1S, 2022 DLIAL 2163(3)—FEIT TTHT F AHEIT TAEIT AT AT HATGH T TAECT (FTE) TEF TAT TAET ATERAAT 2006 FLT AT E) WARTIAT AT AT Sfeafer Ffera frarrem for ARt sy g ge a3 drom; 3173 GU2022 (&) FIT AT HONAT ATq2 AT TET I e 9 @, ey vt gearae F weer § oqee 1(@) § wiEmar I AT H,— () sgeht &~ AT T ITAT 2.3 AT IT AT 2.4 F AgE [-Fwa 7w I qEArs F artod g TEHAT 171 o o o MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 9th May, 2022 S.0. 2163(E).—Whereas, the Central Government in the erstwhile Ministry of Environment and Forests, in exercise of its powers under sub-section (1) and clause (v) of sub-section (2) of section (3) of the Environment (Protection) Act, 1986 has published the Environment Impact Assessment Notification, 2006 (hereinafter referred to as the EIA Notification, 2006) vide number S.0.1533 (E), dated the 14™ September, 2006, for mandating prior Environmental Clearance (EC) for certain category of projects; And whereas, for the grant of prior EC, public hearing is mandatory and it is an integral part of the EC process, unless specifically exempted for certain activities as mentioned in the EIA Notification 2006, as amended from time to time; ‘And whereas, on certain occasions, the public hearings have been postponed due to various reasons often being beyond the control of the Project Proponent and as per the provisions of the EIA Notification 2006, the whole process for the public hearing is to be started afresh resulting in undue delay in completing the EC process; And whereas, one of the factors which results in delay or postponement of the public hearings is the non- availability of the District Magistrate or his representative not below the rank of an Additional District Magistrate to preside over the proceedings of the public hearing; And whereas, the Central Government has been receiving representations to streamline the public hearing process; And whereas, the Central Government taking into account the public interest involved, deems it necessary to streamline the process of the public hearing by reducing undue delays and facilitating public participation without interrupting the access to the information pertaining to the project and also make a provision for the District Magistrate to authorise an officer not below the rank of Sub-Divisional Magistrate to preside over the Public Hearing to avoid such delay; And whereas, the Central Government further deems it necessary to clarify the ambiguity in Schedule 1(b) with regard to off-shore and on-shore oil and gas exploration, development and production, as amended vide notification no. S.0. 236(E), dated the 16™ January, 2020 and as the Central Government has delegated the power to the State Environmental Impact Assessment Authority to grant ECs to all minor mineral mining projects, irrespective of mine lease area, the applicability of the general condition for minor minerals has lost its relevance thereby, in this regard, the Central Government also deems it necessary to remove the applicability of the general condition for mining of minor mineral Now therefore, 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), readwith sub-rule(4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government, 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 the following further amendments in the notification of the Government of India in the erstwhile Ministry of Environment and Forests number S.0. 1533 (E), dated the 14 September, 2006, namely:- In the said notification,- (A) In the Schedule,- (i) against item 1(a), in column (5), for the portion beginning with the words “General Conditions shall apply except:” and ending with the words “on account of inter-state boundary™, the following shall be substituted, namely:- “General Conditions shall apply except for mining of minor minerals.”; (ii) against item 1(b), in column (3), for word “except”, the words “with or without” shall be substituted; (B) in Appendix IV,- (i) in paragraph 3, after sub-paragraph 3.3, the following sub-paragraph shall be included namely :- “3.3 (a) In the event of any such postponement referred to in sub-paragraph 3.3, the time duration for convening the rescheduled public hearing should not be less than forty-five days firom the date of first advertisement already published in accordance to para 3.1 for initial date of public hearing and it shall be ensured that a minimum notice period of fifteen days shall be provided to the public before the re-scheduled date of the public hearing, for furnishing the responses in writing: Provided that SPCB or UTPCC along with concerned authorities, as mentioned at para 2.2, shall ensure that all requisite documents are available to public in accordance with sub-paragraphs 2.3 and 2.4 from the date of first advertisement published for the initial date of public hearing till convening of the rescheduled public hearing.”; (ii) in paragraph 4.0,- (a) after the words “his or her representative not below the rank of an Additional District Magistrate™, the words “or any other District Level Officer authorised by him or her in this behalf” shall be inserted; (b) after the existing paragraph, the following proviso shall be inserted, namely :- “Provided that in case the project or activity is confined to the territorial jurisdiction of one sub-division, the District Magistrate/District Collector/Deputy Commissioner, as the case may be, may alternatively authorise any officer not below the rank of Sub-Divisional Magistrate to supervise and preside over the entire public hearing process assisted by a representative of SPCB or UTPCC, as the case may be.”. Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, section 3, sub section(ii), vide number S.0. 1533(E), dated the 14™ September, 2006 and was last amended, vide the notification number S.0. 1953(E), dated the 27% April, 2022. 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 14% September, 2006 and was last amended, vide the notification number S.0. 1953(E), dated the 27" April, 2022 and Published by the Controller of Publications, Delhi-110054. ALOKKUMAR