S.O.1832 (E) dated 21/04/2023-Amendment in EIA Notification, 2006

Che Gazette of India .- Ta.-37.-22042023-245326 FETETOT EXTRAORDINARY TR &y PUBLISHED BY AUTHORITY . 1750] 7E Reeeft, qprae, sriier 21, 2023/3 9@ 1, 1945 No. 1750] NEW DELHI, FRIDAY, APRIL 21, 2023/VAISAKHA 1, 1945 < feeft, 21 o, 2023 AT, T ATEEAAT F AT A L UF T HE A Eriora e e 9 ¥ afiw o, ST qERTT SHET AT FIAT AT THAAT 25 2618 GI2023 (&) I AT T FLRTE, AT (FHeror) afaf=erer, 1986 (1986 1 29) it T 3 1 g7-amer (1) FAT- =TS FHI AT, T A MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 21st April, 2023 S.0. 1832(E)—Whereas, the erstwhile Ministry of Environment and Forests, 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) has issued the notification vide number S.0.1533 (E), dated the 14® September, 2006, published in the Gazette of India, Extra ordinary, part II, section-3, sub section (ii); And whereas, para 11 of the said notification provides for transferring the prior Environmental Clearance (EC) from one legal person to another legal person during the validity period; ‘And whereas, the said notification does not have explicit provision for splitting an Environmental Clearance and transferring it to more than one legal person during the validity period; And whereas, with regard to the process of such splitting of EC and to bring about greater uniformity and transparency, the Ministry deems it necessary to make relevant provisions; 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 public interest to do so, it may dispense with the requirement of notice under clause (a) of sub- rule (3) of the said rules; And whereas, the Central Government is of the opinion that it is in public interest to dispense with the requirement of notice under clause (a) of sub —rule (3) of rule 5 of the said rules to issue this notification; 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), the Central Government hereby, in public interests makes the following amendment in the notification number 1533, namely:- In the said notification, in the Para 11, after sub-paragrapgh (1), the following sub-paragraph shall be inserted, namely:- “(14) A prior-Environmental Clearance granted for a specific project, except mining projects may be split amongst two or more legal persons, entitled to undertake the project and transferved during the validity to another legal person on application made by the transferor in the format specified on PARIVESH portal to the concerned Regulatory Authority along with requisite documents. The concerned Regulatory Authority shall split and transfer the prior-Environmental Clearance, on recommendation of the concerned Expert Appraisal Committee to the other legal persons for the respective projects. Note : The principal notification was published in the Gazette of India, vide number S.O. 1533(E), dated the 14® September, 2006 and was last amended, vide notification number S.0.3194(E), dated the 14™ July, 2022. and Published by the Controller of Publications, Delhi-110054. jigws