Infrastructure Development and Environment

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Arleen Wilkerson
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1 Infrastructure Development and Environment

3 Few Stories Lift irrigation from Chambal River No Development Zone around Numaligarh Refinery NH - 31 C passing through Jaldapara, Mahananda and Buxa Nh-72 cutting across elephant corridor NH-7 passing through the border of buffer areas of Pench National Park

4 Infrastructure Interested in a Definition?????? Please see: Generally categorised into Transport, Energy, Water sanitation, Communication, Social and Commercial Infrastructure further divided into various sub-sectors Secretariat for PPP and infrastructure in Planning Commission focuses on - Highways, Railways, Ports, Airports, Telecom, Power, and Urban Infrastructure

6 Environmental governance An ideal framework should be anticipative, technically oriented, cognizant of legal issues, geopolitically relevant and forward looking, capable of maximising national interests and progressive enough to make a social impact. Most importantly, management of the environment should include progressively adapting/changing actions that rely on sound scientific, technological, human-cognitive and collaborative principles.

7 The Institutional setup Development of infrastructure responsibility of concerned Ministry / Department Issuing Environmental Clearance responsibility of MoEF MoEF dependent on State Forest Departments, PCBs, CZMAs Interface of MoEF with other Ministries, like - MoRD Concurrent Monitoring of clearance process by PMO through CCI and PMG

8 Functions of CCI Identify key projects. involving investment of > 1000 Cr.. or any other critical project. Prescribe time limits for issue of requisite approvals and clearances. Monitor the progress of identified projects time prescribed / taken to obtain each approval / clearance and delays Review procedures followed by Ministries / departments to grant / refuse approvals and clearances

9 Relevant Regulations Environment protection Act-1986 The Forest Conservation Act-1980 The Wildlife (protection) Act-1972 The air (prevention and control of pollution) Act-1981 The water (prevention and control of pollution) Act Environmental Impact Assessment Notification, 2006 The CRZ notification 2002

10 Relevant Regulations The Panchayats (Extension to the Scheduled Areas) Act, 1996 The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

11 Clearance process in Highways Sub-sector

12 Environment Clearance Category A (Appraisal by MoEF) New National Highways Existing NH > 100 Km, widening > 40m, Bypass / realignment > 60m wide Category B (Appraisal by SEIAAA) New State Highways SHs above 1000 m msl SHs in eco-sensitive areas

13 Environment Clearance EIA notification 2006 Clearance process decentralised and made concurrent with design process Application in Form-1 to be submitted with pre-feasibility and TOR of the proposal Category A (Appraisal by MoEF) Category B (Appraisal by SEIAA) Category B to be considere A if located within 10Km of wildlife areas, critically polluted areas, notified sensitive areas, inter-state boundaries, international boundaries. Expert Appraisal Committee (EACs) under Environment (Protection) Act, 1986 Central Government (MOEF, New Delhi) State Environment Impact Assessment Authority (SEIAA)

14 Features of EIA Notification 2006 Broadly 4-stages Stage (I) Screening (All B Category projects). The project requiring an EIA report shall be termed as B1 category and the remaining are B2 category. [All highway projects requiring clearance are under B1 or A] Stage (II) Scoping New highway projects - the Expert Committee shall advise the applicant how to prepare EIA based on Form-1, TOR and Prefeasibility report submitted by the applicant. Highway widening projects EIA to be prepared based on model TOR

15 Features of EIA Notification 2006 Stage (III) Public Consultation All Category A and B1 projects. Conducted by State Pollution Control Board (SPCB) or the Union Territory Pollution Control Committee (UTPCC) Stage (IV) Appraisal Detailed scrutiny by the EAC (MOEF) or State level Expert Appraisal Committee (SEIAA). The recommendation of EAC or SEIAA submitted to competent authority for final decision based on Form-1, EIA, EMP, other documents and minutes of public consultation.

16 Other environment related clearances CRZ clearance in coastal areas CRZ notification if the project area fall under CRZ-I, II,III and IV Consent to Establish (CFE) under the Air Act and Water Act Consent to Operate (CFO) under the Air Act and Water Act Clearance from the Inland Waterways Authority in case of navigational channels NOC from Central Ground Water Board for drawing ground water in notified blocks NOC from ASI with respect to protected monuments

17 Forest Clearance Required if forest area is to be diverted for the project (including notified roadside plantations) Application submitted to the State Govt. State Govt. recommends the case to the MoEF Upto 5 ha clearance issued by RO of MoEF 5-40 ha, processed by RO, approved by MOEF Delhi > 40 ha processed and approved by MOEF Delhi Road projects considered in entirety

18 Forest Clearance Documents required while submitting application: Short narrative of the project Map showing required forest land, boundary of adjoining forests (1:50,000) Cost of project Justification for locating the project in forest area Cost benefit analysis (not applicable upto 20 ha in plains and 5 ha in hills) Employment likely to be generated Purpose-wise breakup of total land required Details of displacement of people Requirement of Environmental Clearance Undertaking to bear the costs of Compensatory Afforestation DGPS map of the area under diversion and of the areas identified for CA

19 Forest clearance Two stage process FIRST STAGE CLEARANCE In-principle approval Conditions specified Deposit Net Present Value of Forest (4.38 to lakhs/ha) Deposit Money for Compensatory Afforestation Plant at least double the no. of trees felled Submit Plan for afforestation Provide land for land (not in centrally sponsored projects????? ) Submit certificate of compliance under FRA No activity allowed until final clearance accorded State can stipulate additional conditions SECOND STAGE CLEARANCE After fulfillment of stipulated conditions

20 Forest Clearance Documents required for final clearance (responsibility of the State Government): Proof of depositing amount for Compensatory Afforestation Proof of depositing amount for Net Present Value Proof of depositing amount for meeting other conditions - roadside plantations, compensation for damage / dismantling of assests, etc. Strip chart for roadside plantations Undertakings for compliance on other generic and specific conditions Certificate from the District Collector(s) on settlement of all rights under the Forest Rights Act, 2006

21 Wildlife Clearance No case to be referred unless unavoidable Prior permission of Supreme Court required Case referred to the State Board of Wildlife (SBWL) and the National Board of Wildlife (NBWL) even for survey in wildlife area In Eco-sensitive area, process same as WL clearance. However, permission from Hon ble SC not required In case of migratory corridors elsewhere, comments of Chief wildlife Warden of the State required After receiving SC approval, proposal processed by the State Govt. for forest clearance

22 Role of Forest Officers

23 Forest officers in States / UTs Study the regulations Know your responsibilities in the clearance / monitoring processes Know the timelines and stick to them Examine the cases with a positive mindset. Differentiate between: En-mass Vs linear projects Site specific Vs non-site specific projects Write clear recommendations Be sure that your recommendations have scientific basis and are implementable

24 Forest officers in Development organisations Study the regulations Know the requirements of the Sector Identify conflict points, and try removing conflicts of development objectives with conservation needs Educate and advise the organisation on environmental responsibilities Follow the decision protocol: Avoid minimise - mitigate Ensure that statutory requirements are met before commencement of activities

25 Forest officers in MoEF Facilitate Update Acts / Rules / notifications immediately after an amendment Practice transparency Follow timelines Give clear and feasible recommendations Nobody forces us to clear a project, but we are duty bound to dispose the case on merits within stipulated time

State. 2. Location: Madhya Pradesh. Total period for which the forest land is proposed to be diverted (in year). 3. Detail of user agency

State. 2. Location: Madhya Pradesh. Total period for which the forest land is proposed to be diverted (in year). 3. Detail of user agency F. No. 8-39/2018-FC Sub: Proposal for diversion of 55.3 ha. of forest land for construction of Parna Minor Irrigation Project, in favour of Water Resources Department, Damoh District Madhya Pradesh State.-regarding.