Amendment to the notification No. S.O.114(E), dated the 19th February, 1991

Ministry : Ministry of Environment and Forests

Amendment to the notification No. S.O.114(E), Dated the 19th February, 1991

S.O.463(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 Andaman and Nicobar Administration of the Union territory of the Andaman and Nicobar Islands has drawn the attention of the Central Government to the difficulties being faced by the local population of the said territory due to lack of alternative construction materials available in the islands and the restrictions imposed by the aforesaid notification on mining of sand in the Coastal Regulation Zone in the said territory;

And whereas, the Hon'ble Supreme Court vide its Order dated 7th May, 2005 in Writ Petition (Civil) No. 202 of 1995 has passed Orders on mining of sand in Andaman and Nicobar Islands;

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 with a view to give effect to the aforesaid Orders of the Supreme Court:

And whereas sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986 provides that notwithstanding anything contained in sub-rule (3), wherever 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 (5) of the aforesaid rules;

And whereas the Central Government is of the opinion that it is in public interest to dispense with the said 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 amendments in the said notification, namely:--

In the said notification,

(a) in paragraph 2, in sub-paragraph (ix), for the provisos, the following provisos shall be substituted, namely:--

"Provided that in the Union Territory of the Andaman and Nicobar Islands, mining of sand may be permitted for construction purpose on a case to case basis by a committee constituted by the Lieutenant Governor of the Andaman and Nicobar Islands consisting of - (1) the Chief Secretary, Andaman and Nicobar Administration; (2) Secretary, Department of Environment; (3) Secretary, Department of Water Resources; and (4) Secretary, Andaman Public Works Department:

Provided further that the total quantity of sand to be mined shall not exceed 22,581 cubic metres for the period ending on the 31st December, 2008 and that sand mining shall be undertaken only in those areas identified as accreting areas by the Institute for Ocean Management (IOM), Chennai and based on rate of replenishment or deposition of sand:

Provided also that the permission as may be granted under this sub-paragraph for mining of sand shall be based on mining plans and shall stipulate sufficient safeguards to prevent damage to the sensitive coastal eco-system including corals, turtles, crocodiles, birds nesting sites and protected areas:

Provided also that in view of the ecological damage due to the continuing sand mining in the coastal area, the Andaman and Nicobar Administration shall identify alternate construction materials within the period of one year and no further extension or permission to the sand mining in the Coastal Regulation Zone will be accorded after the 31st December, 2008:

Provided also that a Monitoring Committee shall be constituted for monitoring the mining activity and the environmental safeguards taken, by the Union Territory Administration. The Monitoring Committee shall comprise of representatives from the Union Territory Administration, Regional Office of the Ministry of Environment and Forests, Bhubaneshwar and a Non-Governmental Organization based at Andaman and Nicobar. The monitoring report shall be sent quarterly to the Ministry of Environment and Forests.";

(b) in Annexure-I, under the heading "CRZ-IV relating to the Andaman and Nicobar Islands," in item (iv), in sub-item (b), for the figures, letters and words "31st day of December, 2007", the figures, letters and words" 1st day of January, 2008" shall be substituted.

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

Dr. NALINI BHAT, Scientist 'G'

Note: 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 notifications:

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

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

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

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

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

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

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

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

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

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

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

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

13. S.O. 1100(E), dated 19th October, 2002

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

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

16. S.O. 635(E), dated 30th May, 2003

17. S.O. 636(E), dated 30th May, 2003

18. S.O. 563(E), dated 24th June, 2003

19. S.O. 838(E), dated 24th July, 2003

20. S.O. 86(E), dated 25th January, 2005

21. S.O. 108(E), dated 13th July, 2006

22. S.O. 451(E), dated 26th March, 2007