Government to extend validity of infra projects cleared under IPZ notification

Hindustan Times

11-07-2025

The Union environment ministry has issued a notification to extend the validity of infrastructure projects cleared under the Islands Protection Zone (IPZ) notification 2011 that applies to areas in the Andaman and Nicobar islands as well as Lakshadweep, while also making way for splitting or transfer of IPZ clearances among entities. The Radhanagar Beach on the Andaman Islands.(Unsplash)
The notification issued on July 4 states that the clearance accorded to projects under this notification will be valid for 10 years. The period may be extended by a maximum period of a year, if an application is made during the validity of the clearance along with the recommendation of the Coastal Zone Management Authority concerned. The notification states that the objective of the amendment is to make the validity of make the validity of IPZ clearances in IPZ 2011 uniform with provisions of the environment impact assessment notification 2006 that is implemented across the country.
'Certain provision related to validity of clearance in the IPZ Notification, 2011 and its amendment therein is not in conformity with EIA Notification 2006 and the Central Government is of the opinion that it is imperative to amend the IPZ Notification, 2011 to make it in consonance with EIA Notification 2006 as amended,' the notification states.
Where the application for extension of the period of validity of clearance is filed within 30 days after expiry, the delay may be condoned by the head of the division concerned in the Ministry of Environment, Forests and Climate Change or the member-secretary of the Coastal Zone Management Authority. If such an application is made 30 days after expiry of the period of such validity but within 90 days after expiry, the delay may be condoned by the Union environment minister or the chairperson of the Coastal Zone Management Authority.
The amendment also makes a provision for transfer or splitting of IPZ clearances. An IPZ clearance granted for a specific project or activity to an applicant may be transferred during its validity to another legal person entitled to undertake the project or activity on application by the transferor on the same terms and conditions under which the clearance was initially granted and for the same period of validity.
A clearance granted for a specific project may be split between two or more legal persons entitled to undertake the project and transferred during the validity to another legal person. The IPZ notification divides the islands into Island Coastal Regional Zone (ICRZ-I) areas that are environmentally most critical; the ICRZ-II constituting the developed land areas up to or close to the shoreline, within the existing municipal limits or in other existing legally designated urban areas; ICRZ-III land areas that are relatively undisturbed; and ICRZ water areas. In general, setting up of new industries and expansion of existing industries, operations or processes is prohibited in these areas due to the ecological sensitivity of these islands but it is allowed in exceptional circumstances for certain categories of industries under IPZ.
By amendments made in 2019 to the 2011 IPZ notification, the clearances accorded were valid for 7 years, provided that the construction activities are completed and the operations commence within seven years from the date of issue of such clearance. The validity may be further extended for a maximum period of three years, provided an application is made to the authority concerned by the applicant within the validity period.
The latest notification changes this clause and introduces provisions of splitting or transfer of environmental clearances to infrastructure projects coming up on the islands.
The notification adds that the Environment (Protection) Rules, 1986 provide that whenever it appears to the central government that it is in public interest to do so, it may dispense with the requirement of notice and, hence, there is no provision for sending objections/suggestions to the amendments made.
HT has reported that several infrastructure and tourism projects are coming up in Andaman and Nicobar and Lakshadweep. The Great Nicobar Holistic Development Project has four major components: an International Container Transshipment Terminal (ICCT); an international airport; a power plant; and a township. There is also a Trunk Infrastructure Road that will cut through Great Nicobar Island. The total cost is estimated at ₹81,800 crore. The Nicobar Islands fall in the Sundaland Biodiversity Hotspot and cover the western half of the Indonesian archipelago.
'Public participation in environmental decision-making enhances the legitimacy of governmental actions and supports better, more informed choices. Recognizing this, the Ministry of Law & Justice introduced the Pre-Legislative Consultation Policy, 2014, recommending that all departments place draft subordinate legislations in the public domain for consultation. The policy advises a minimum of thirty days for public feedback and requires an explanatory note to accompany each draft to improve accessibility and understanding.Therefore, any proposed amendment of this nature—particularly when it is technical and has far-reaching ecological and public implications—must undergo a process of public consultation,' said Debadityo Sinha, lead of the climate and ecosystems team at Vidhi Centre for Legal Policy.