Notification/Circular No.: S.O. 2593(E) dated May 20, 2026
Applicable Act/Rule: Environment (Protection) Act, 1986; Environment (Protection) Rules, 1986; Environment Impact Assessment Notification, 2006 (S.O. 1533(E))
Applicable Section/Rule: Section 3
Effective Date: May 20, 2026
Under Environment Impact Assessment Notification, 2006 (EIA Notification), prior Environmental Clearance (EC) is mandatory for port, harbour, breakwater, and dredging projects falling under item 7(e) of the Schedule. Under the current framework, such ECs are valid for an initial period of 10 years, extendable by 1 year — a structure that was put in place at the time of the original notification. Port and harbour infrastructure projects are characterised by long gestation periods and phased development patterns, often spanning well beyond the 10-year validity window due to factors typically outside the control of project proponents. The Ministry received representations to rationalise this validity period, which were referred first to the sectoral Expert Appraisal Committee (EAC) and subsequently to the Expert Advisory Committee. Both committees, after due deliberation, endorsed extending the initial validity period to 15 years, with a further extension of up to 5 years permissible after examination and recommendation by the sectoral EAC or State Expert Appraisal Committees (SEACs). The Ministry, upon examining these recommendations, found the rationalisation appropriate.
Ministry of Environment, Forest and Climate Change has published a draft notification dated May 20, 2026 through S.O. 2593(E), proposing to amend the EIA Notification, 2006 (S.O. 1533(E) dated September 14, 2006, last amended vide S.O. 289(E) dated January 28, 2026) as follows — all three amendments are to paragraph 9 of the said notification:
“1. In paragraph 9, in sub-paragraph (ii)(b), the following shall be inserted after the existing entries, namely: ‘and Ports, harbors, break waters, dredging [item 7(e) of the schedule]’
2. In paragraph 9, in sub-paragraph (ii)(c), after the words ‘Nuclear power projects’, the following shall be inserted, namely: ‘and Ports, harbors, break waters, dredging [item 7(e) of the schedule]’
3. In paragraph 9, in sub-paragraph (iii), in the proviso, after the words ‘Nuclear power projects and processing of nuclear fuel’, the following shall be inserted, namely: ‘and Ports, harbors, break waters, dredging [item 7(e) of the schedule]'”
The effect of these amendments, when read alongside the validity and extension provisions within paragraph 9, is to extend the initial EC validity for ports, harbours, breakwaters, and dredging projects from 10 years to 15 years, with the option of a further extension of up to 5 years subject to due examination and recommendation by the relevant sectoral EAC or SEAC. Objections and suggestions may be submitted within 60 days to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi-110003 or by email at diriapolicy-moefcc@gov.in.
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