Ministry of Environment and Forests

 

NOTIFICATION

New Delhi, the 30th May, 2003.

 

S.O.636(E) - Whereas by notification of the Government of India in the Ministry of Environment and Forests number S.O.114(E), dated the 19th February, 1991 (hereinafter referred to as the said notification), the Central Government declared Coastal Stretches as Coastal Regulation Zone and restrictions were imposed on the setting up and expansion of industries, operations and processes in the said Zone;

 

And whereas the Central Government has considered the requirement of construction of jetty and wharves for embarkation and disembarkation in the Union Territory of Lakshadweep;

 

 And whereas the Central Government is of the opinion that it is necessary and expedient in the public interest to amend the said notification;

 

And whereas sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986 provides that notwithstanding anything contained in sub-rule (3), whenever it appears to the Central Government that 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 aforesaid rules for amending the said 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) read with sub-rules (3) and (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following further amendments in the said notification, namely:-

 

In the said notification, -

 

(a)  in paragraph 3, in sub-paragraph (2), for item (ii), the following item shall be substituted, namely:-

“ (ii)     operational constructions for ports, harbours and light houses and construction activities of jetties, wharves, quays, slip ways, pipelines and conveying system including transmission lines, provided that, environmental clearance in case of constructions or modernization  or expansion of jetties and wharves in the Union territory of Lakshadweep for providing embarkation and disembarkation facilities shall be on the basis of a report of scientific study conducted by the Central Government or any agency authorized or recognized by it suggesting environmental safeguard measures required to be taken  for minimizing damage to corals and associated biodiversity.” ;

 

(b)               in Annexure I, in paragraph 6, in sub-paragraph (2), -

 

(i)                 under the heading  CRZ – I, for the word, brackets and letter “ and (d)”, the brackets, letters and words “(d) operational construction of jetties, wharves or construction, development or modernization of jetties and wharves in the Union territory of  Lakshadweep  for providing  embarkation or disembarkation facilities on the basis of a scientific study report conducted by the Central Government or any agency authorized or recognized by it  suggesting environmental safeguard measures required  to be taken for minimizing damage to corals and associated bio-diversity; and (e)”;

 

(ii)               under the heading CRZ – III, after clause ( iie), the following clause shall be inserted, namely:-

“(iif) construction and operation of jetties in the Union territory of Lakshadweep.”;

 

(iii)             under the heading CRZ – IV, under the sub-heading ‘ Lakshadweep and small islands:’, after clause (ic), the following clause shall be inserted, namely :-

“(id) operational construction of jetties and wharves or construction, development or modernization of jetties and wharves  on the basis of a scientific study conducted by the Central Government or any agency authorized or recognized by it on a case to case basis suggesting environmental safeguard measures required to be taken for minimizing damage to corals and associated biodiversity.”.

 

[F.No. H. – 11011/6/97- IA III. Vo. II]

Dr. V. RAJAGOPALAN, Jt. Secy.

 

The principal notification was published in the Gazette of India vide number S.O.114(E), dated, the 19th February, 1991 and subsequently amended vide:-

 

(i) S.O. 595(E) dated 18th August, 1994.

(ii) S.O. 73(E) dated 31st January, 1997.

(iii) S.O. 494(E) dated 9th July, 1997.

(iv) S.O. 334(E) dated 20th April, 1998.

(v)  S.O. 873(E) dated 30th September, 1998.

(vi)  S.O. 1122(E) dated 29th December, 1998.

(vii) S.O. 998(E) dated 29th September, 1999.

(viii)S.O. 730(E) dated 4th August, 2000.

(ix)  S.O. 900(E) dated 29th September, 2000.

(x)   S.O. 329(E) dated 12th April, 2001.

(xi)  S.O. 988(E) dated 3rd October, 2001.

(xii) S.O.550(E), dated 21st May, 2002.

(xiii)S.O.52(E), dated 16th January, 2003.

(xiv) S.O.460(E), dated 22nd April, 2003.