SCHEDULE-II
[See Sub-para I (a) of para 2]
Procedure for seeking environment clearance of projects.
1. (1) Any persons who desires to establish a thermal power plant of any category mentioned n Schedule-I, shall submit an application to the Department of the State Government dealing with the subject of environment.
(2) The application shall be made in the Form ‘A’ specified in Schedule-II annexed to this notification and yle>1) Environmentally sensitive (ecologically fragile areas)
The State Government while recommending a proposal for setting up of Special Economic Zone to the Board should indicate whether the proposed area falls under reserved or ecologically fragile area as may be specified by the concerned authority. (Rule 5 of the Special economic Zones rules, 2006)
List of Environmentally Sensitive (ecologically fragile) Places include:
1. Religious and historic places
2. Archaeological monuments/sites
3. Scenic areas
4. Hill resorts/mountains/ hills
5. Beach resorts
6. Health resorts
7. Coastal areas rich in corals, mangroves, breeding grounds of specific species
8. Estuaries rich in mangroves, breeding ground of specific species
9. Gulf areas
10. Biosphere reserves
11. National park and wildlife sanctuaries
12. Natural lakes, swamps Seismic zones tribal Settlements
13. Areas of scientific and geological interests
14. Defense installations, specially those of security importance and sensitive to pollution
15. Border areas (international)
16. Airport
17. Tiger reserves/elephant reserve/turtle nestling grounds
18. Habitat for migratory birds
19. Lakes, reservoirs, dams
20. Streams/rivers/estuary/seas
21. Railway lines
22. Highways
23. Urban agglomeration
2) Pollution control norms
While making a consolidated application seeking permission for setting up of a Unit , amongst other clearances, a copy of Pollution control clearance, wherever required should also be submitted.
The Approval Committee shall approve the proposal only if the applicant undertakes to fulfill the environmental and pollution control norms, as may be applicable
As per the policy decision
of the Government of India, the Central Pollution control Board (CPCB) has
delegated its powers and functions under the Water (Prevention and Control of
Pollution) Act, 1974, the Water (Prevention and Control of Pollution) Cess
Act, 1977 and the Air (Prevention and Control of Pollution) Act, 1981 with
respect to Union Territories to respective local administrations. CPCB along
with its
3) Environmental clearance
Ministry of Environment & Forests has taken several policy initiatives and enacted environmental and pollution control legislations to prevent indiscriminate exploitation of natural resources and to promote integration of environmental concerns in developmental projects
One such initiative is the Notification on Environmental Impact Assessment (EIA) of developmental projects issued on 27.1.1994 under the provisions of Environment (Protection) Act, 1986 making EIA mandatory for 29 categories of developmental projects. One more item was added to the list in January, 2000.
a) Environment Impact Assessment
Any
person who desires to undertake any new project in any part of
The extracts of the
ENVIRONMENT IMPACT ASSESSMENT NOTIFICATION S.O.60
(E), dated
b) Public hearing
Environment (Protection) Act, 1986 requires that the public must be informed and consulted on a proposed development after the completion of EIA report.
The affected persons may include:
· bonafide local residents;
· Local associations;
· Environmental groups: active in the area
· Any other person located at the project site / sites of displacement
They are to be given an opportunity to make oral/written suggestions to the State Pollution Control Board as per Schedule IV of Annex I.
However as per Environment
Impact Assessment Notification by Ministry Of Environment and Forests,
Public Hearing is not required in respect of units located in Export Processing Zones, Special Economic Zones.
4) Coastal regulation Zone
In case the SEZ area is located near the coast, clearance is required from the Ministry of Environment and Forests under Coastal Regulation Zone (CRZ) Notification.
(Notification Under Section 3(1) And Section 3(2)(V) Of The Environment (Protection) Act, 1986 And Rule 5(3)(D) Of Environment (Protection) Rules, 1986, Declaring Coastal Stretches As Coastal Regulation Zone (CRZ) And Regulating Activities In The CRZ New Delhi, the 19th February, 1991 (As amended up to 25.01.2005))
The following activities have been permitted within the coastal area of the SEZ:-
(i) Non-polluting industries in the field of Information and Technology and other service industries are permissible in the CRZ area of Special Economic Zone.
(ii) In CRZ-III area development activities may be permissible for recreational facilities, including golf courses, desalination plants, hotels and non- polluting service industries.
(iii) The embargo that in CRZ-III, an area up to 200 metres from the High Tide Line would be 'no development zone' will not apply to areas falling within the notified SEZ;
Note: CRZ I - Areas that are ecologically sensitive and important,
- Area between Low Tide Line and the high Tide Line.
CRZ-II - The areas that have already been developed upto or close to the shoreline
CRZ-III - Areas that are relatively undisturbed and those which do not belong to either Category-I or II. These will include coastal zone in the rural areas (developed and undeveloped) and also areas within Municipal limits or in other legally designated urban areas which are not substantially built up.
5) Forest clearance
Clearance from the concerned State Government would be required in the case the SEZ area contain forestland.
Relevant legislations
1)
2)
6) Environment Impact Assessment Notification
MINISTRY OF ENVIRONMENT AND FORESTS
ENVIRONMENT IMPACT ASSESSMENT NOTIFICATION S.O.60 (E),
dated
(incorporating amendments vide S.O. 356(E) dated 4/5/1994, S.O. 318(E) dated 10/4/1997, S.O. 319 dated 10/4/1997, S.O. 73(E) dated 27/1/2000, S.O. 1119(E) dated 13/12/2000, S.O. 737(E) dated 1/8/2001, S.O. 1148(E) dated 21/11/2001, S.O. 632(E) dated 13/06/2002 )
1) S.O. 60 (E)- Whereas a notification under clause (a) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 inviting objections from the public within sixty days from the date of publication of the said notification, against the intention of the Central Government to impose restrictions and prohibitions on the expansion and modernization of any activity or new projects being undertaken in any part of India unless environmental clearance has been accorded by the Central Government or the State Government in accordance with the procedure specified in that notification was published as SO No. 80(E) dated 28th January, 1993;
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And whereas all objections received have been duly considered;
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 clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby directs that on and from the date of publication of this notification in the Official Gazette, expansion or modernization of any activity (if pollution load is to exceed the existing one, or new project listed in Schedule I to this notification, shall not be undertaken in any part of India unless it has been accorded environmental clearance by the Central Government in accordance with the procedure hereinafter specified in this notification;
2) Requirements and procedure for seeking environmental clearance of projects:
I. (a) Any person who desires to undertake any new project in any part of India or the expansion or modernization of any existing industry or project listed in the Schedule-I shall submit an application to the Secretary, Ministry of Environment and Forests, New Delhi.
The application shall be made in the proforma specified in Schedule-II of this notification and shall be accompanied by a project report which shall, inter alia, include an Environmental Impact Assessment Report, Environment Management Plan and details of public hearing as specified in Schedule-IV prepared in accordance with the guidelines issued by the Central Government in the Ministry of Environment and Forests from time to time. However, Public Hearing is not required in respect of (i) small scale industrial undertakings located in (a) notified/designated industrial areas/industrial estates or (b) areas earmarked for industries under the jurisdiction of industrial development authorities; (ii) widening and strengthening of highways; (iii) mining projects (major minerals) with lease area up to twenty five hectares, (iv) units located in Export Processing Zones, Special Economic Zones and (v) modernisation of existing irrigation projects.
Provided that for pipeline projects, Environmental Impact Assessment report will not be required:
Provided further, that for pipeline and highway projects, public hearing shall be conducted in each district through which the pipeline or highway passes through.
(b) Cases rejected due to submission of insufficient or inadequate data and Plan may be reviewed as and when submitted with complete data and Plan. Submission of incomplete data or plans for the second time would itself be a sufficient reason for the Impact assessment Agency to reject the case summarily.
II. In case of the following site specific projects:
a. mining;
b. pit-head thermal power stations;
c. hydro-power, major irrigation projects and/or their combination including flood control;
d. ports and harbours (excluding minor ports);
e. prospecting and exploration of major minerals in areas above 500 hectares;
The project authorities will intimate the location of the project site to the Central Government in the Ministry of Environment and Forests while initiating any investigation and surveys. The Central Government in the Ministry of Environment and Forests will convey a decision regarding suitability or otherwise of the proposed site within a maximum period of thirty days. The said site clearance shall be granted for a sanctioned capacity and shall be valid for a period of five years for commencing the construction, operation or mining.
III. (a) The reports submitted with the application shall be evaluated and assessed by the Impact Assessment Agency, and if deemed necessary it may consult a committee of Experts, having a composition as specified in Schedule-III of this Notification. The Impact Assessment Agency (IAA) would be the Union Ministry of Environment and Forests. The Committee of Experts mentioned above shall be constituted by the Impact Assessment Agency or such other body under the Central Government authorised by the Impact Assessment Agency in this regard.
(b) The said Committee of Experts shall have full right of entry and inspection of the site or, as the case may be, factory premises at any time prior to, during or after the commencement of the operations relating to the project.
(c) The Impact Assessment Agency shall prepare a set of recommendations based on technical assessment of documents and data, furnished by the project authorities supplemented by data collected during visits to sites or factories, if undertaken and details of the public hearing.
The assessment shall be completed within a period of ninety days from receipt of the requisite documents and data from the project authorities and completion of public hearing and decision conveyed within thirty days thereafter.
The clearance granted shall be valid for a period of five years for commencement of the construction or operation of the project.
IV. In order to enable the Impact Assessment Agency to monitor effectively the implementation of the recommendations and conditions subject to which the environmental clearance has been given, the project authorities concerned shall submit a half yearly report to the Impact Assessment Agency. Subject to the public interest, the Impact Assessment Agency shall make compliance reports publicly available.
V. If no comments from the Impact Assessment Agency are received within the time limit, the project would be deemed to have been approved as proposed by project authorities.
3) Nothing contained in this Notification shall apply to:
a. any item falling under entry Nos. 3, 18 and 20 of the Schedule-I to be located or proposed to be located in the areas covered by the Notifications S.O. No.102 (E) dated 1st February, 1989, S.O. 114 (E) dated 20th February, 1991; S.O. No. 416 (E) dated 20th June, 1991 and S.O. No.319 (E) dated 7th May, 1992.
b. any item falling under entry no.1,2,3,4,5,7,9,10,13,14,16,17,19,21,25,27 of Schedule-I if the investment is less than Rs.100 crores for new projects and less than Rs. 50 crores for expansion / modernization projects.
c. any item reserved for Small Scale Industrial Sector with investment less than Rs. 1 crore.
d. defence related road construction projects in border areas.
e.
any item falling under entry no. 8 of Schedule-I, if that product is covered
by the notification G.S.R. 1037(E) dated
f. Modernization projects in irrigation sector if additional command area is less than 10,000 hectares or project cost is less than Rs. 100 crores.
4) Concealing factual data or submission of false, misleading data/reports, decisions or recommendations would lead to the project being rejected. Approval, if granted earlier on the basis of false data, would also be revoked. Misleading and wrong information will cover the following:
o False information
o False data
o Engineered reports
o Concealing of factual data
o False recommendations or decisions
SCHEDULE-I
(See paras 1 and 2)
LIST OF PROJECTS REQUIRING ENVIRONMENTAL CLEARANCE FROM THE CENTRAL GOVERNMENT
13 (a) Primary metallurgical industries (such as production of Iron and Steel, Aluminium, Copper, Zinc, Lead and Ferro Alloys).
(b) Electric arc furnaces (Mini Steel Plants).
14. Chlor alkali industry.