The Ministry of Environment, Forest and Climate Change (“MOEFCC”) has recently issued a notification to amend the Environmental Impact Assessment (“EIA”) Notification, 2006. The amendment has been notified on 30th August 2023 to further amend Appendix-IX to the EIA Notification pertaining to exemption of certain cases from the requirement of environmental clearance.
The current amendment substitutes serial number 6 (Extraction or sourcing or borrowing of ordinary earth for the linear projects such as roads, pipelines, etc.) and serial number 7 (Dredging and de-silting of dams, reservoirs, weirs, barrages, river and canals for the purpose of their maintenance, upkeep and disaster management.) with, the following serial number and entries as mentioned below:
“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, reservoirs, 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.”
Background:
The Ministry of Environment, Forest and Climate Change (“MOEFCC”) had 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 projects. Pursuant to this the Central Government, 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 respect of certain projects.
Subsequently the National Green Tribunal, Principal Bench at New Delhi vide its order dated the 28th October, 2020 in the matter of Noble M Paikada vs. Union of India & Ors. passed directions for revisiting the above notification dated 28th March 2020. 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 read with 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, has further amended the EIA Notification.
A copy of the Notification is linked below for your ease of reference.
Source: Ministry of Environment, Forest and Climate Change
