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THE GAZETTE OF INDIA

EXTRAORDINARY

PART II -- Section 3 -- Sub-section (ii)


MINISTRY OF ENVIRONMENT AND FORESTS

NOTIFICATION

New Delhi, the 20th April, 1998

  1. S.O. 334 (E).- Whereas by notification of the Government of India in the Ministry of Environment and Forests No. S.O. 114 (E) dated the 19th February, 1991 (hereinafter referred to as the said notification) Central Government declared Coastal Stretches as Coastal Regulation Zones and restrictions were imposed on the setting up and expansion of industries, operations and processes in the said zones;

    And whereas, the Union Territory of the Andaman and Nicobar Islands Administration had drawn attention of the Central Government to the difficulties being faced by the local people due to restrictions on prohibition of mining of sand in the Coastal Regulation Zone in the said territory;

    And whereas, the issue has been examined by the Government of India in the Ministry of Environment and Forests;

    And whereas, the Central Government is of the opinion that the said notification should be amended;

    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 it is in public interest to do so, it may dispense with the requirement of notice under clause (a) of sub-rule (3);

    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) sub-rule (3) of rule 5 for amending the said notification;

    Now, therefore, in exercise of the powers conferred by sub-section (I) and clause (v) of sub-section (2) of the section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (3) and (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following amendments in the aforesaid notification.

  2. In the said notification --

      (a) in paragraph 2, in sub-paragraph (ix), the following proviso shall be substituted at the end, namely:-

      "Provided that in the Union Territory of the Andaman and Nicobar Islands, mining of sand may be permitted by the Committee which shall be constituted by the Lieutenant Governor of the Andaman and Nicobar Islands consisting of Chief Secretary; Secretary, Department of Environment; Secretary, Department of Water Resources; and Secretary, Public Works Department, Committee may permit mining of sand from non-degraded areas for construction purposes from selected sites, in a regulated manner on a case to case basis, for a period up to the 30th day of September, 1998. The quantity of the sand mined shall not exceed the essential requirements for completion of construction works including dwelling units, shops in respect of half yearly requirement of 1998-99 annual plan. The permission of mining of sand may be given on the basis of the mining plan for such sites in such quantity which shall not have adverse impacts on the environment.";

      (b) in annexure I, in heading CRZ-IV Andaman and Nicobar Islands in item (iv) (b), for the words and figures "31st day of March, 1998", the words and figures "30th day of September, 1998" shall be substituted

[No. Z-12011/2/96-lA-III]

R H. KHWAJA, Jt. Secy.

Foot Note:- The principal notification was published vide S.O. No. 114(E) dated 19th February, 1991 in Part II, Section 3, Sub-section (ii) of the Gazette of India Extraordinary and subsequently amended vide:--

    (i) S.O. No. 595 (E) dated 18th August, 1994.
    (ii) S.O. No. 73 (E) dated 31st January, 1997.
    (iii) S.O. No. 494 (E) dated 9th July, 1997.