Date: 2022-09-30Category: Extra OrdinaryState: Union GovernmentCountry: India
Amendment in the notification of the Government of India in the erstwhile Ministry of Environment and Forest number S.O.83(E), dated the 16th February, 1987.
Okay, I will analyze the provided government policy text and generate a comprehensive report following the specified structure.
**Report: Analysis of Amendment to Environment Protection Act Notification**
**1. Executive Summary:**
This report analyzes an amendment to a 1987 notification (S.O. 83E) related to the Environment Protection Act, 1986. The amendment, issued on September 30, 2022, adds the Chairman and Member Secretary of all State and Union Territory Coastal Zone Management Authorities to the list of officers/agencies appointed under Section 10(1) of the Environment Protection Act, 1986. The key finding is that this amendment likely aims to strengthen the enforcement and implementation of environmental regulations within coastal zones by formally designating these authorities under the Act.
**2. Introduction:**
The purpose of this report is to provide an informative analysis of the amendment to the notification S.O. 83E, dated February 16, 1987, pertaining to the Environment Protection Act, 1986, as published in the Gazette of India on September 30, 2022. This analysis is based solely on the provided text.
**3. Policy Overview:**
* **Amendment:** This is an amendment to the original notification S.O. 83E, dated February 16, 1987, which was previously amended on September 1, 2006 (G.S.R.585E).
* **Core Objective(s):** The amendment's core objective, as inferred from the text, is to formally designate the Chairmen and Member Secretaries of all State and Union Territory Coastal Zone Management Authorities as officers/agencies appointed under the Environment Protection Act, 1986. This likely aims to enhance their authority and responsibility in enforcing environmental regulations within coastal zones.
**4. Background and Rationale:**
This amendment addresses a potential gap in the existing framework by explicitly including Coastal Zone Management Authorities under the purview of the Environment Protection Act, 1986. The likely reason for this amendment is to provide these authorities with clearer legal standing and enhanced powers to implement and enforce environmental regulations within coastal zones. Prior to this amendment, the legal standing of these authorities under this act may not have been explicitly defined, potentially hindering their effectiveness.
**5. Key Provisions / Changes:**
* **Specific Part of Original Policy Changed:** The amendment inserts a new entry (S.No. 65) into the Table within the original notification S.O. 83E, after S.No. 64.
* **New Rule/Provision:** The new entry designates the "Chairman, Member Secretary of all the State Coastal Zone Management Authorities and Union Territory Coastal Zone Management Authorities" as "Officer/Agency Appointed under The Environment Protection Act, 1986 (29 of 1986)".
* **Difference/Effect of Change:** This change explicitly empowers the Chairmen and Member Secretaries of State and UT Coastal Zone Management Authorities under the Environment Protection Act. It grants them the legal authority to act on behalf of the Central Government in matters related to environmental protection within coastal zones, potentially increasing their ability to enforce regulations, issue directives, and take legal action against violations. Prior to this amendment, their authority may have been derived from other sources, creating potential ambiguities.
**6. Target Audience and Stakeholders:**
The target audience and stakeholders directly affected by this amendment include:
* **State and Union Territory Coastal Zone Management Authorities (Chairmen and Member Secretaries):** Their responsibilities and authority are directly impacted.
* **Industries and businesses operating within coastal zones:** They will be subject to the increased scrutiny and potential enforcement actions by the Coastal Zone Management Authorities.
* **Coastal communities:** Their environment and livelihoods are indirectly affected by the actions of the Coastal Zone Management Authorities.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The State and Union Territory Coastal Zone Management Authorities are the primary bodies responsible for implementing the changes introduced by this amendment. The Ministry of Environment, Forest and Climate Change is responsible for issuing the notification and overseeing its implementation.
* **Timelines/Procedures:** The text does not specify any timelines or procedures for implementation. However, it can be inferred that the State and UT Coastal Zone Management Authorities are expected to integrate this amendment into their existing operational procedures and regulatory frameworks.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcomes of this amendment include:
* **Enhanced Enforcement:** Increased effectiveness of Coastal Zone Management Authorities in enforcing environmental regulations within coastal zones.
* **Improved Compliance:** Greater compliance by industries and businesses operating in coastal zones due to the increased authority and scrutiny of the Coastal Zone Management Authorities.
* **Strengthened Environmental Protection:** Enhanced protection of coastal ecosystems and resources through more effective implementation of environmental regulations.
* **Clearer Accountability:** Clearly defined roles and responsibilities of the Chairmen and Member Secretaries of Coastal Zone Management Authorities with respect to the Environment Protection Act, 1986.
**9. Conclusion:**
The amendment to notification S.O. 83E, issued on September 30, 2022, is a significant step towards strengthening the legal framework for environmental protection within coastal zones. By explicitly designating the Chairmen and Member Secretaries of State and Union Territory Coastal Zone Management Authorities as officers/agencies under the Environment Protection Act, 1986, the amendment aims to enhance their authority, improve enforcement, and ultimately contribute to the sustainable management of coastal resources. The effect of this change will be felt by any industries operating in coastal regions, as the regulatory authority in those regions will be strengthened.
Key Entities Referenced
NEW DELHI: Place of publication of the notification.
Environment Protection Act, 1986: An act of the Central Government of India.
Central Government: The government of India.
Ministry of Environment, Forest and Climate Change: The ministry issuing the notification.
State Coastal Zone Management Authorities: Authorities responsible for coastal zone management in states.
Union Territory Coastal Zone Management Authorities: Authorities responsible for coastal zone management in union territories.
Dr. SUJIT KUMAR BAJPAYEE: Jt. Secy. (Joint Secretary) who signed the notification.
Government of India Press, Ring Road, Mayapuri, New Delhi: The printing press for the document, located in New Delhi.
Delhi: Location of the Controller of Publications.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
सी.जी.-डी.एल.-अ.-01102022-239285
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CG-DL-E-01102022-239285
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असाधारण
EXTRAORDINARY
भाग II—खण् ड 3—उप-खण्ड (ii)
PART II—Section 3—Sub-section (ii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 4440] नई दिल्ली, िुक्रवार, जसतम्ब र 30, 2022/आजव न 8, 1944
No. 4440] NEW DELHI, FRIDAY, SEPTEMBER 30, 2022/ASVINA 8, 1944
पर्ाावरण, वन और िलवार् ुपररवतना मत्रं ालर्
अजधसचू ना
नई दिल् ली, 30 जसतम्ब र, 2022
का.आ. 4648(अ).— केन्द्रीर् सरकार, पर्ाावरण (संरक्षण) अजधजनर्म, 1986 (1986 का 29) की धारा 10 की
उपधारा (1) द्वारा प्रित्त िजिर्ों का प्रर्ोग करते हुए, भारत सरकार के तत्कालीन पर्ाावरण और वन मंत्रालर् की
अजधसूचना, संखर्ांक का.आ. 83(अ), तारीख 16 फरवरी, 1987 में जनम्नजलजखत और संिोधन करती ह ै :-
उि अजधसूचना की सारणी में, क्र. सं. 64 और उससे संबंजधत प्रजवजिर्ों के पश्चात्, जनम्नजलजखत क्रम संखर्ांक और
प्रजवजिर्ां अंतःस्ट्थाजपत की िाएंगी, अथाता ् :-
क्रम स.ं अजधकारी/अजभकरण जनम्नजलजखत के अधीन जनर्िु
1 2 3
“65 राज्र् तटीर् िोन प्रबंध प्राजधकरण और संघ राज्र्क्षेत्र तटीर् िोन पर्ाावरण (संरक्षण) अजधजनर्म 1986
प्रबंध प्राजधकरण का अध्र्क्ष और सिस्ट्र्-सजचव (1986 का 29)”।
[ फा. सं. आईए 3-12/2/2022-आईए.III]
डा. सुिीत कुमार बािपेर्ी, संर्ुि सजचव
रटप्पण:- मलू अजधसूचना , भारत के रािपत्र, असाधारण, भाग II, खडं 3, उपखंड (ii) संखर्ांक 83 (अ), तारीख
16 फरवरी, 1987 द्वारा प्रकाजित की गई थी और संखर्ांक सा.का.जन. 585 (अ) तारीख 1 जसतंबर, 2006 द्वारा अंजतम
बार संिोजधत की गई थी ।
6628 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
NOTIFICATION
New Delhi, the 30th September, 2022
S.O. 4648(E).—In exercise of the powers conferred by sub-section (1) of section 10 of the Environment
(Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following further amendment in the
notification of the Government of India in the erstwhile Ministry of Environment and Forest number S.O.83(E), dated
the 16th February, 1987, namely:-
In the said notification, in the Table, after S.No. 64 and entries relating thereto, the following serial number
and entries shall be inserted, namely:-
S.No Officer/Agency Appointed under
1 2 3
“65 Chairman, Member Secretary of all the State Coastal Zone The Environment (Protection) Act, 1986
Management Authorities and Union Territory Coastal (29 of 1986)”.
Zone Management Authorities
[F. No. IA3-12/2/2022-IA.III]
Dr. SUJIT KUMAR BAJPAYEE, Jt. Secy.
Note:- The principal notification was published in the Gazette of India vide number S.O.83(E) dated 16th February,
1987 and last amended on vide number G.S.R.585(E) dated 1st September, 2006.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.