IMPORTANT EIA NOTIFICATIONS1. NOTIFICATION S.O.85(E) 29.02.1991
Schedule I: List of projects requiring environmenal clearance from the Central Govt.
Schedule II: List of projects requiring environmental clearance from the State Govt.
Schedule III: Composition of the expert committees for environmental impact assessment
Annexure
2. NOTIFICATION – S.O.60(E) 27.01.1994
Schedule I: List of projects requiring environmental clearance from the Central Govt.
Schedule II: Application Form
Schedule III: Composition of the expert committees for environmental impact assessment
3. NOTIFICATION S.O.356(E) 04.05.1994
Environmental Impact Assessment Notifications
Notification I
Ministry of Environment and Forests
S.O. 85(E), dated January 29, 1992, published in the Gazette of India, Extra., Part II Section 3(ii), dated 29th January, 1992, pp.7-11 [No. Z-12013/4/89-IA-I]
[Under Section 3(1) and Section 3(2)(v) of Environment (Protection) Act, 1986 and Rule 5(3)(a) of Environment (Protection) Rules, 1986 on Environment Clearance.]
Whereas considerable adverse environment impact has been caused due to degradation of the environment with excessive soil erosion and water and air pollution on account of certain development activities, thereby engendering not only the destruction of natural resources like forests, mangroves, wetlands, rivers, lakes, genepool reserves and vegetation cover which is fast dwindling in large parts of the country, but also attaching the health and very survival of living beings – both animal and human;
And whereas it is necessary to protect and improve the quality of environment by controlling pollution of air, water and soil along with biotic pressure on natural resources, which is so intense that our natural biological and genetic wealth is threatened with severe damage;
And whereas certain development projects should be carried on within the carrying capacity of the ecosystem through judicious location beyond defined distances from ecosystems which will otherwise come under stress, so as to ensure that developmental activity takes place in harmony with the environment and improvement thereof;
And whereas the aforesaid goals can be achieved only by careful assessment of a project proposed to be located in any area, on the basis of an environmental Impact Assessment of each project and the necessary Environment Management Plan for the prevention elimination or mitigation of the impact, right from the inception stage of the project;
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), the Central Government hereby directs that on and from the date of the final publication of this notification under clause (d) of sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986, the expansion or modernisation of any existing industry or new projects listed in Schedule I or Schedule II shall not be undertaken in any part of India, unless it has been accorded environmental clearance by the Central Government or, as the case may be, the State Government concerned in accordance with the procedure hereinafter specified in this notification.
2. Notwithstanding anything contained in Schedule II, any project proposed to be located within 10 kilometers of the boundary of reserved forests, or a designated ecologically sensitive area, or within 25 kilometers of the boundary of national park or sanctuary will require environmental clearance from the Central Government.
3. Notwithstanding anything contained in Schedules I and II, the Central Government in the Ministry of Environment and Forests may review the environmental clearance given to any project by any State Government if-
written representation is received by that Ministry against such clearance from the affected parties, or
it is prima facie evident that environmental imperatives and norms specified by that Ministry have been ignored by the State Government concerned while giving such clearance.
4. Procedure for seeking environment clearance of projects.- (I) Any person who desires to undertake any project in any part of India or the expansion or modernizations of any existing industry or project listed in Schedules I and II shall submit an application to the Secretary, Ministry of Environment and Forests, New Delhi, where environmental clearance is required from the Central Government, or to Environment Secretary of the State Government concerned, where the environmental clearance is required from the State Government. The application shall be made in the pro forma appended to this notification and shall be accompanied by a detailed project report and an Environment Management Plan prepared in accordance with the guidelines issued by the Central Government in the Ministry of Environment and Forests.
(II) In case of the following site-specified projects-
(a) mining;
(b) pit-head thermal power stations,
(c) hydro-electric power projects; and
(d) Multi-purpose river valley projects,
a preliminary site clearance will be required from the Central Government in the Ministry of Environment and Forests before initiating any investigations involving cutting of trees, drilling, digging or construction of any sort temporary or permanent.
The said site clearance will be granted for the sanctioned capacity and will be valid for a period of 5 years for commencing the construction.
(III) (a)The detailed project report submitted with the application shall be evaluated and assessed by the Impact Assessment Agency of the Central Government or, as the case may be, of the State Government in consultation with a Committee of Experts, having a composition as specified in Schedule Ill to this notification.
(b)The said Committee of Experts will 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 will 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 the site or factory, interaction with affected population and environmental groups. The recommendations and the conditions subject to which environmental clearance is given may be made available to concerned parties. The assessment shall be completed within a period of 3 months on receipt of the requisite documents and data from the project authorities.
(IV)In order to enable the Impact Assessment Agency concerned to monitor the effective 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 concerned agency.
5. Any person interested in filing any objection against the proposed directions contained in this notification, may do so in writing to the Secretary, Ministry of Environment and Forests, Paryavran Bhavan, CGO Complex, Lodi Road, New Delhi within 60 days from the date of publication of this notification in the Official Gazette.
SCHEDULE I
List of projects requiring environmental clearance from the Central Government
1. Atomic Power
2. Thermal Power
3. Multi-purpose River Valley Projects
4. Ports, Harbours and Airports
5. Railway lines (involving acquisition of non-railway land)
6. Refineries
7. Fertilizers
8. Pesticides and Insecticides
9. Petrochemicals
10. Explosives and Accessories
11. Drugs and Pharmaceuticals (except formulations)
12. Production of Plastics
13. Rubber-Synthetic
14. Asbestos and asbestos products
15. Sodium or Potassium Cyanide
16. Primary metallurgical industries
(Zinc, Lead, Copper, Aluminium and Steel)
17. Integrated Steel Plants
18. Tyres/tubes of trucks, jeeps, cars and other heavy vehicles
19. Alkalis (NaOH)
20. Integrated Paint Complex
21. Man-made fibres (Syntheties and semi-Synthetics, Rayon, Nylon and Polyester)
22. Storage batteries with lead processing
23. Incineration plants for hazardous waste and chlorinated hydro-carbons
24. All projects with threshold criteria above those specified in Schedule II.
SCHEDULE II
List of projects requiring environmental clearance from the State Government
(Subject to the provisions of para 2 of the notification)
Nature of Projects
Threshold Criteria (if any)
1. Ceramics
2. Coal Washery
3. Briquetting
4. Carbonising Plant
5. Engineering (Tubings, Castings, Rolling Mills)
6. Refractories
7. Pipelines (RCC, Steel, Seamless)
8. Calcium Carbide
9. Carbon Black
10. Reprocessing Lubricating Oil
11. Glass
12. Drugs and Pharmaceuticals (Formulations)
13. Electroplating
14. Storage Batteries (non-lead processing)
15. Alkalis (Na2, Co3 and CaCo3)
16. Plastics Processing(HDPE, LLDPE, LDPE, PVC, PP, etc.)
17. Tyres/Tubes of two wheelers and cycle rickshaws
18. Retreading of all types of tyres
19. Paints (Varnish, Coal Tar Chemicals, Pigments)
20. Dye Single Industry
21. Soaps and detergents
22. Food Processing (Meat, Fish, Animal Products)
23. Milk Processing
24. Paper Products
25. Incineration Plans for non-hazardous waste
26. Hydro-electric power
Production capacity
(a) New projects UP to 10 MW
Up to 10 MW
b) All power houses to be located on Up to 10 MWexisting canal falls or existing damswith already embedded penstocks
Up to 10 MW
27. Cement
Up to 200 TPD
28. Steel Plants
Up to 50,000 TPA
29. Leather Tannery
Up to 5,000 Skins PD
30. Distilleries
Up to 150 KLD
31. Sugar
Up to 4,000 TPD Cane
32. Textile
Up to 500 Mts/d
33. Pulp, Paper and Newsprint
Up to 33,000 TPA
34. Dye Intermediates
Up to 5 TPD
35. Thermosets Phenol and Urea formaldehyde
Up to 5000 TPD
36. Acids
Up to 500 TPD
37. Vegetable Oil Processing
Up to 500 TPD
Capital cost
38. Foundries
Up to Rs. 20 crores
39. Communications
Up to Rs. 20 crores
40. Tourism and other projects written 1 Km., of HTL of sea, or at locations with an elevation of more than 1000 mts.
Up to Rs. 5 crores
Area
41. Irrigation
Up to 2,000 Hectare command
42. Mining
Up to 5 hectare lease
43. Roads(in Himalayas or involving
Up to 5 Kms. lengthforest land)
44. Industrial Estates
Up to 100 units
45. Industrial Township (New and Expansion)
Up to 5000 dwelling units
Schedule III
Composition of the expert committees for environmental impact assessment
The evaluation and assessment of development projects at the Central or State level will be undertaken by Expert Committees consisting of technical experts in each development section constituted as under:
1. An outstanding and experienced ecologist or environmentalist or technical professional in the relevant development sector having demonstrated interest in Environment Conservation and sustainable development.
Expert members
Members with M.Tech./Ph.D. in the relevant field and long experience including at least 8 years experience in environmental management in relevant sectors:
2. Eco-system Manager with Systems Management and Modeling Experience.
3. Air Pollution Control.
4. Water Pollution Control.
5. Flora/Fauna Survey and Management.
6. Water Resources Management.
7. Land Use Planning/Biological reclamation of degraded lands.
8. Conservation and Protection of Aquatic Life.
9-10.Ecologists (2).
11. Social Scientist with experience of rehabilitation of project oustees.
12. Specialist with background of economics and project appraisal.
13-14. Subject area Specialists in relevant development sector (2).
15. Representative of NGO Environmental Action Groups.
16. Representative of Impact Assessment agency at Centre/State.
Member
Secretary.
Note:Experts inducted will serve in their individual capacities except those specifically nominated as representatives.
ANNEXURE
Application Form
1. (a) Name and Address of the project proposed :
(b) Location of the projects :
Name of the Place :
District, Tehsil :
Latitude/Longitude :
Nearest Airport/Railway Stn. :
(c) Alternate sites examined and the reasons for the site proposed:
2. Objectives of the project :
3. (a) Land Requirement :
Agriculture land :
Forest land and Density of vegetation.
Other (specify) :
(b) (i)Land use in the Catchment/within 10 Kms. radius of the proposed site.
(ii)Topography of the area indicating gradient, aspects and altitude.
(iii)Vulnerability to erosion.
(c ) Pollution sources existing in the 10 Km. radius and their impact on quality of air, water and land:
(d) Distance of the nearest National Park/Sanctuary/Blosphere Reserve/Monuments/heritage site/Reserve Forest :
(e)Rehabilitation plan for quarries/borrow areas :
(f)Green belt Plan :
(g)Compensatory afforestation plan :
4.Climate and Air Quality :
(a)Windrose at site :
(b)Max./Min./Mean annual temperature :
(c)Incidence of inversion :
(d)Frequency of cyclones/tornadoes/cloud bursts :
(e)Ambient air quality data :
(f)Nature and concentration of emission of SPM Gas (CO,CO2, SO2,
NO2, CHn etc.) from the project :
5(a)Water balance site :
(b)Lean season water availability; Water Requirement:
(c)Source to be tapped with competing users (River, lake, Ground, Public Supply)
(d) Water quality :
(e)Changes observed in ground water in the last 15 years and present changing and extraction details:
(f)(i)Quantum of waste water to be released with treatment details,
(ii)Quantum of quality of water in the receiving body before and after disposal of Solid Wastes:
(g)(i)Details of reservoir water quality with necessary Catchment Treatment Plan :
(ii)Command Area Development Plan :
6.Solid Wastes :
(a)Nature and quantity of solid wastes generated to be disposed :
(b)Solid waste disposal method to prevent further pollution of air, water and land :
7.Noise and Vibrations.
(a)Sources of noise and vibrations :
(b)Ambient noise level :
(c)Noise and Vibration control measures proposed :
(d)Subsidence problem if any with control measures :
8.Power requirement indicating source of supply; complete environmental details to be furnished separately, if captive power unit proposed :
9.Peak labour force to be deployed giving details of:
– Health status through preliminary screening of work force – labour and staff both;
– Endemic health problems in the area due to waste soil borne diseases;
– Health care system proposed;
10.(a)Number of villages and population to be displaced :
(b)Rehabilitation Master Plan :
11.Risk assessment report along with Disaster Management Plan :
12.(a)Detailed Project Report :
(b)Environmental Impact Report as per Guidelines of MoEF
Assessment Report :
(c)Environmental Management Plan.
13.Details of Environmental Management Cell.
14.Details of air and water quality monitoring stations to be set-up.
——————————————————————————–
Notification II
Ministry of Environment and Forests
S.O. 60(E), dated January 27, 1994, published in the Gazette of India, Extra Part II, section 3(ii), dated 27 January, 1994, pp.4-7, Sl.No. 42 (No. Z-12013/4/89-I A-I]
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 project in any part of India or the expansion or modernisation of any existing industry or project listed in the Schedule shall submit an application to the Secretary, Ministry of Environment and Forests, New Delhi.
The application shall be made in the pro forma specified in Schedule II to this notification and shall be accompanied by a detailed project report which shall, inter alia, include an Environmental Impact Assessment Report and an Environment Management Plan prepared in accordance with the guidelines issued by the Central Government in the Ministry of Environment and Forests from time to time.
(b) Case rejected due to submission of insufficient or inadequate data and Action Plans may be reviewed as and when submitted with complete data and Action Plans. Submission of incomplete data 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 specified 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).
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 will be granted for :
– a sanctioned capacity or for any mining lease;
– 500 hectares or above area, if so required, for prospecting and exploration of minerals.
and it will be valid for a period of five years for commencing the construction, operation or mining.
III. a) The summary feasibility report submitted with the application shall be evaluated and assessed by the Impact Assessment Agency at the Central Government in consultation with 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 concerned or such other body under Central Government authorised by 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 will 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 and interaction with affected population and environmental groups. Summary feasibility reports, along with the detailed Environmental Management Plans, the recommendation and the conditions subject to which environmental clearance is given shall be made available to the concerned parties or environmental groups on request. Comments of the public may be solicited, if so recommended by IAA within 30 days of receipt of proposal, in public hearings arranged for the purpose after giving one month notice of such hearings in at least two newspapers.
Public shall be provided access to the summary of the project reports and Environmental Management Plans at the Headquarters of the Impact Assessment Agency.
The assessment shall be completed within a period of three months on receipt of the requisite documents and data from the project authorities and completion of public hearing were required and decision conveyed within a maximum of 30 days thereafter. No work, preliminary or otherwise, relating to the setting up of the project may be undertaken till the environmental site clearance is obtained.
IV. In order to enable the Impact Assessment Agency concerned 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 concerned agency. Impact Assessment Agency will 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 time falling under Entry Nos. 3, 18 and 20 of Schedule I to be located or proposed to be located in the areas covered by the Notificatios S.O. No. 102(E), dated 1st February, 1989; S.O. No. 114 (E), dated 20th February 1991 and S.O No. 319(E), dated 7th May, 1992.
b) any item falling under Entry Nos. 1, 2, 3, 4, 5, 7, 9, 10, 12,13, 14, 16, 17, 19, 25 and 27 of Schedule I if the investment is less than Rs. 50 crores.
c) Any item reserved for Small Scale Industrial Sector with investments less than Rs. 1 crore.
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 :
– False information.
– False data.
– Engineering reports.
– Concealing of factual data.
– False recommendations or decisions.
SCHEDULE I
(See paras 1 and 2)
List of Projects Requiring Environmental Clearance from the Central Government
1. Nuclear Power and related projects such as Heavy Water Plants, nuclear fuel complex, rare earths.
2. River Valley projects including hydel power, major irrigation and their combination including flood control.
3. Ports, Harbours, Airports (except minor ports and harbours).
4. Petroleum Refineries including crude and product pipelines.
5. Chemical Fertilizers (Nitrogenous and Phosphatic) other than single superphosphate),
6. Pesticides (Technical).
7. Petrochemical complexes (Both Olefinic and Aromatic) and Petrochemical intermediates such as DMT, Caprolactam LAB etc., and production of basic plastics such as LLPDE, HPDE, PP, PVC.
8. Bulk drugs and pharmaceuticals.
9. Exploration for oil and gas and their production, transportation and storage
10. Synthetic Rubber.
11. Asbestos and Asbestos products
12. Hydrocyanic acid and its derivatives.
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.
15. Integrated paint complex including manufacture of resins and basic raw materials required in the manufacture of paints.
16. Viscose Staple fibre and filament yarn.
17. Storage batteries integrated with manufacture of oxides of lead and lead antimony alloy.
18. All tourism projects between 200 m – 500 metres of High Water Line and at locations with an elevation of more than 1000 meters with an investment of more than Rs. 5 crores.
19. Thermal power plants.
20. Mining projects (with leases more than 5 hectares).
21. Highway Projects.
22. Tarred Roads in Himalayas and or Forest areas.
23. Distilleries.
24. Raw Skins and Hides.
25. Pulp, paper and newsprint.
26. Dyes.
27. Cement
28. Foundaries (individual).
29. Electroplating.
SCHEDULE II
(See sub-para I (a) of para 3)
Application Form
1. (a)Name and Address of the project proposed :
(b)Location of the projects :
Name of the place :
District, Tehsil :
Latitude/Longitude :
Nearest Airport /Railway Station :
(c)Alternate sites examined and the reasons for selecting the proposed site :
(d)Does the site conform to stipulated land use as per local land use plan;
2. Objectives of the project:
3. (a)Land Requirement :
Agriculture Land :
Forest Land and Density of vegetation,
Others (Specify) :
(b)(i)Land use in the Catchment/within 10 km. radius of the proposed site :
(ii)Topography of the area indicating gradient, aspects and altitude :
(iii)Erodability classification of the proposed land :
(c)Pollution sources existing in 10 km. radius and their impact on quality of air, water and land:
(d)Distance of the nearest National Park/Sanctuary/Biosphere Reserve/Monuments/heritage site/Reserved Forests :
(e)Rehabilitation on plan for quarries/borrow areas :
(f)Green belt plan :
(g)Compensatory afforestation plan :
4. Climate and Air Quality :
a)Windrose at site :
b)Max/Min/Mean annual temperature :
c)Frequency of inversion :
d)Frequency of cyclones /tornadoes/cloud burst :
e)Ambient air quality data :
f)Nature and concentration of emission of SPM, Gas (CO, CO2, SO2, Nox, CHn etc.) from the project :
5. Water balance :
a)Water balance at site :
b)Lean season water availability :
Water requirement :
c)Source to be tapped with competing users (river, lake, ground, public supply) :
d)Water quality :
e)Changes observed in quality and quantity of ground water in the last 15 years and present charging and extraction details :
(f)(i)Quantum of waste water to be released with treatment details :
(ii)Quantum of quality fo water in the receiving body before and after disposal of solid wastes:
(iii)Quantum of waste water to be released on land and type of land :
(g)(i)Details of reservoir water quality with necessary Catchment Treatment Plan :
(ii)Command Area Development plan :
6. Solid wastes :
(a)Nature and quantity of solid wastes generated :
(b)Solid waste disposal method :
7. Noise and Vibrations :
(a)Sources of noise and Vibrations :
(b)Ambient noise level :
(c)Noise and Vibration control measures proposed :
(d)Subsidence problem if any with control measures.
8. Power requirement indicating source of supply : Complete environmental details to be furnished separately, if captive power unit proposed :
9. Peak labour force to be deployed giving details of :
– Endemic health problems in the area due to waste water/air/soil borne diseases :
– Health care system existing and proposal :
10.(a)Number of villages and population to be displaced :
(b)Rehabilitation Master Plan :
11.Risk assessment report and Diaster Management Plan :
12.(a)Environmental Impact Assessment : Report
(b)Environment Management Plan : prepared as per
(c)Detailed Feasibility Report : guidelines from
(d)Duly filled in questionnaire :
time to time
13.Details of Environmental Management Cell :
I hereby give an undertaking that the data and information given above are true to the best of my knowledge and belief and I am aware that if any part of the data/information submitted is found to be false or misleading at any stage, the project be rejected and the clearance given, if any, to the project is likely to be revoked at our risk and cost.
Signature of the applicant with name and full address
Date :
Place :
Given under the seal of Organisation on
behalf of whom the applicant is signing.
In respect to item for which data are not required or are not available as per the declaration of project proponent, the project would be considered on that basis.
SCHEDULE III
(See sub-para II(a) of Para 3)
Composition of the Export Committees for Environmental Impact Assessment
1. The evaluation and assessment of development projects at the Central or State level will be undertaken by Experts Committees consisting of experts in each discipline constituted as under:
a) Eco-system Management
b) Air/Water Pollution Control
c) Water Resource Management
d) Flora/Fauna Conservation and management
e) Land Use Planning
f) Social Sciences/Rehabilitation
g) Project Appraisal
h) Ecology
i) Environmental Health
j) Subject Area Specialists
k) Representatives of NGOs/persons concerned with environmental issues.
2.The Chairman will be outstanding and experienced ecologist or environmentalist or technical professional or wide managerial experience in the relevant development sector.
3.The representative of Impacts Assessment Agency/Central/State will act as a Member-Secretary.
4.Chairman and Members will serve in their individual capacities except those specifically nominated as representatives.
5.The Membership of a Committee shall not exceed 15.
——————————————————————————–
Notification III
Ministry of Environment and Forests
S.O. 356(E) dated May 4, 1994, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 4th May, 1994, pp. 3-4, Sl.No. 225 [No. Z-12013/4/89/IA-I)
Whereas by notification of the Government of India in the Ministry of Environment and Forests No. S.O. 60 (E), dated 27th January, 1994 (1994 CCL-III-131[91]: 1994 LLT-III-131[91] (hereinafter referred to as the said notification), issued under 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 imposed certain restrictions and prohibitions on the expansion and modernization of any activity or the undertaking of any project, unless environmental clearance has been granted by that Government;
And whereas the Central Government is of the opinion that the said notification should be amended;
And where as sub-rule(4) of Rule 5 of the Environment (Protection) Rules, 1986 provides that, “Notwithstanding anything contained in the sub-rule (3), whenever it appars 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 (3).
And whereas the Central Government is of the opinion that it is in public interest to dispense with the requirement of notice under clause (a) of sub-rule (3) of Rule 5 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:-
2. In the said notification:-
(I) in Paragraph 2, –
(a) in sub-paragraph 1, –
(i) in Item (a), for the words “a detailed project report which shall, inter alia, include an Environmental Impact Assessment Report and an Environment Management Plan”, the words “a project report which shall, inter alia, include an Environmental Impact Assessment Report/Environmental Management Plan” shall be substiuted.
(ii) in Item (b), –
(I) for the words “incomplete data for”, the words “incomplete data or plans for” shall be substituted;
(II) for the words “Action Plans” in both the places where they occur, the word ‘Plan” shall be substituted;
(b) in sub-paragraph II, –
(i)after Item (d), the following items shall be inserted, namely:-
“(e) prospecting and exploration of major minerals in areas above 500 hectares”;
(ii)for the portion beginning with the words “The said site clearance” and ending with the words “construction operation or mining”, the following shall be substituted, namely:-
“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”.
(c)in sub-paragraph III, –
(i)in Item (a), –
(I)for the words “The summary feasibility report”, the words “The reports” shall be substituted.
(II)for the words “Agency at the Central Government in consultation with”, the words ” Agency, and if deemed necessary it may consult”, shall be substituted.
(III)the word ” concerned” shall be omitted;
(ii)in Item (c), for the portion beginning with the words “The Impact Assessment Agency” and ending with the words “environmental site clearance is obtained”, the following shall be substituted, namely:-
“(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 interaction with affected population and environmental groups, if necessary. Summary of the reports, the recommendation and the conditions, subject to which environmental clearance is given, shall be made available subject to the public interest to the concerned parties or environmental groups on request. Comments of the public may be solicited, if so decided by the Impact Assessment Agency, within thirty days of receipt of proposal, in public hearings, arranged for the purpose; after giving thirty days’ notice of such hearings in at least two newspapers. Public shall be provided access subject to the public interest to the summary of the reports/Environmental Management Plans at the Headquaters of the Impact Assessment Agency.
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, where required and decision conveyed within thirty days thereafter.
The clearance granted shall be valid for a period of five years from commencement of the construction or operation.”
(III-A) No construction work, preliminary or otherwise, relating to the setting up of the project may be undertaken till the environmental and site clearance is obtained.
(d)for sub-paragraph IV, the following sub-paragraph shall be substituted, namely:-
“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”;
(2)In Paragraph 3, –
(i)in Item (a), for the letters, words, brackets and figures “and S.O. No. 319(E), dated 7th May, 1992” the letters, words, brackets and figures “S.O. No. 416(E), dated 20th June, 1991 and S.O. No. 319 (E), dated the 7th May, 1992” shall be substituted;
(ii)in Item (b), for figures “19, 25”, the figures “19, 21, 25” shall be substituted.
(3)in Schedule I, for Item 20 and entries relating thereto, the following shall be substituted, namely:-
“20.Mining projects (major minerals) with leases more than 5 hectares”.
(4)in Schedule III, in Item 1, for opening paragraph, the following shall be substituted :-
“1.The Committees will consist of experts in the following disciplines.”
