Environmental Clearance(EC) Process In India - Some Case Studies (June 20 th, 2013)

Transcription

1 Mid-Career Training (MCT) Programme for Indian Forest Service Officers (Phase IV) (IGNFA, Dehradun) Environmental Clearance(EC) Process In India - Some Case Studies (June 20 th, 2013) Presented by 30-Oct-13 Dr. Niraj Sharma, Scientist CSIR-Central Road Research Institute (CRRI) New Delhi, nic.in 1 CRRI

2 What is Environmental Clearance? 8/23/

3 Requirement of Environmental Clearance(EC) EC of any Project/Activity May Consist of Any/Some/None or All of the Following Clearances : (i) Prior Environmental Clearance As per the EIA Notification of Sept. 14 th, 2006 ( As amended in 2009) ( for the Activities/Project Specified (Depending Upon Threshold, Criteria Specified Under the EIA Notification- EIA Notification Issued Under The Environment ( Protection) Act(1986) (ii) Wildlife Clearance (for National Parks, Wildlife Sanctuaries ( Bird Sanctuaries) (The Wildlife ( Protection)Act(1972) (iii) Forest Clearance (For Diversion of Forest Land for Non- Forest Activities/Trees Cutting) The Forest Act( 1980 ) Including The Forest (Conservation) Rules (2003) (iv) The Coastal Regulation Zone( CRZ) 2011 Clearance ( Replacing Earlier CRZ Notification ( 1991) (The Environment ( Protection) Act(1986) 3

4 Requirement of Environmental Clearance(EC) Contd. Any Project Requiring EC or Not, have to Comply with Various Applicable Environmental Laws / Rules/ Regulations /Acts Non-Compliance may Result in Closure of Activity/Industry and Punishment As Specified Under The EPA (1986) Process of Obtaining These Clearances [ (i) Prior EC under EIA Notification, Sept. 14 th, 2006, (ii)forest Clearance,(iii) Wildlife Clearance (iv) CRZ Clearance] Can Go Concurrently, But have to be Obtained Separately As per the Specified Procedure MoEF is Nodal Agency for (ii) (iii) and (iv) For Prior EC (Under EIA Notification) : SEIAA (State Environmental Impact Assessment Agency( Category B / MoEF- Category A 4

5 Carrying Out EIA Study and Preparation of EIA Report is an Essential/Integral Part of the Prior Environmental Clearance Process as per EIA Notification(2006) 8/23/

6 Some Interesting News Related to Environmental Clearance 8/23/

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26 Forest Advisory Committee (FAC) FAC is a seven member Committee under the chairmanship of DGF & SS, MoEF. Three non official members eminent experts in forestry and allied disciplines - appointed for a period of two years. ADGF, MoEF; Additional Commissioner (Soil Conservation), Ministry of Agriculture. IGF (FC) - Member Secretary Meeting not less than once a month, generally at New Delhi Quorum is Three. 27

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28 Some Interested Cases Involving Issues Related to Environmental Clearance(S) 8/23/

29 Adarsh Housing Society, Mumbai 8/23/

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31 Violation of Environmental Law Building Complex Didn t Obtain CRZ (1991) Clearance (Now Amended in 2011) Submitted False Information to other Regulatory/Concerned Govt. Agencies that they have been Exempted from CRZ Clearance by MoEF Didn t Obtain Prior EC (Building Projects) From SEIAA(Category B) (Built-up Area> 20,000 m /23/

32 Coastal Regulation Zone(CRZ) The Land Area from HTL to 500m on the Landward Side Along The Sea Front Land Area Between HTL to 100m or Width of the Creek (Whichever is less) on the Landward Side Along the Tidal Influenced Bodies That are Connected with Sea and Distance upto which Salinity Concentration are upto 5ppt (Parts per Thousand) During the Driest Period of the Year Tidal Influenced Bodies : Water Bodies Influenced by Tidal Effects From Sea, Bays, Estuaries Creeks, Rivers and Backwaters, Lagoons,Ponds Water & Bed Area Between LTL to the Territorial Water Limit ( 12Nm) in case of Sea 30-Oct-13 CRRI 33

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37 Provision in EPA (1986)-Offences by Government Departments (Section17) Head of Deptt. Shall be Deemed to be Guilty of the Offence and Liable to be Proceeded Against and Punished Accordingly Unless it is proved that Offence has been done/committed without his knowledge or that he exercises all due diligence to prevent such offence If Offence is Attributable to any Other Officer (other than Head of Deptt.) of Govt. Department (with Consent, Connivance, knowledge or due to neglect) : Liable to be Punished under EPA(1986) 38

38 Provision in EPA (1986)- Penalty for Contraventions of the Provisions of the Act and Rules, Orders and Directions (Section 15) Imprisonment upto 5 years with fine which may extend to Rs. 1,00,000/-or with Both If Violation Continues : Additional fine - Rs.5,000/Every Day in which Violation /Contravention Continues 39

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40 Violation of Environmental Law Did Not Obtain CRZ Clearance as CRZ Notification(1991) (Now Replaced with CRZ Notification (2011) - Issued on January 2 nd, 2011 Construction of Residential Building Regulated Activity Requires CRZ Clearance from MoEF After the Recommendation of State Coastal Regulation Zone Management Authority ( SCRZMA) Can Be Prosecuted Under EPA (1986), as CRZ Notification (1991) was Issued Under That Act 30-Oct-13 CRRI 41

41 Provision in EPA (1986)- Penalty for Contraventions of the Provisions of the Act and Rules, Orders and Directions (Section 15) Imprisonment upto 5 years witrh fine which may extend to Rs. 1,00,000/-or with Both If Violation Continues : Additional fine - Rs.5,000/Every Day in which Violation /Contravention Continues 42

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43 Okhla Park, Noida(UP) 8/23/

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45 Salient Features of Okhla Bird Sanctuary Primarily a Man- Made Wetland Sanctuary is one among the several ornithological significant sites along the 35 km stretch of the river Yamuna in South Delhi Haven for variety of birds including migratory birds coming from faraway places like Central Asia/Siberia Declared as an Important Bird Area(IBA) by the Bombay Natural History Society (BNHS)

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53 Which Environmental Clearances May Be Involved? Prior Environmental Clearance as Per EIA Notification ( 2006) Forest Clearance ( under Forest Conservation Act (1980) and Forest Conservation Rules (2003) If that Area Happens to Be a Declared Wildlife Sanctuary then Wildlife Clearance under the Wildlife ( Protection) Act If that Mining Happens to be in CRZ Area than CRZ Clearance Under CRZ(2011) No Coal mining in Coastal Area in Our Country However, Mining of Rare Earth Materials are Carried out at Seashore Requires CRZ Clearance 30-Oct-13 CRRI 54

54 Mining Activities Project Activity 1 (a) Mining of Minerals or Category Threshold Limit A 50 ha. of mining lease area in respect of noncoal mine lease. >150 ha of mining lease area in respect of coal mine lease. Asbestos mining irrespective of mining area. With Category Threshold Limit B With <50 ha 5 ha of mining lease area in respect of non-coal mine lease. >150 ha 5 ha of mining lease area in respect of coal mine lease. Condition, if any General Condition shall Apply Note: (i)prior environmental clearance is as well required at the stage of renewal of mine lease for which application should be made up to one year prior to date of renewal. (ii)mineral Prospecting is exempted. 10/30/

55 Posco and Vendata Projects, Orissa 8/23/

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60 Posco Project : Applicability/Violation of Environmental Law(s) New Plant, Forest Land Required Project Required Clearance from (i) Industry, Mining, Port Committee of MoEF ( EC under EIA Notification, 2006) (ii) CRZ (1991) Clearance (iii)forest Clearance including Proper Implementation /Follow - up of Forest Rights Act(2005) 8/23/

61 Vedanta Project : Applicability/Violation of Environmental Law(s) (i) Industry, Mining, Port Committee of MoEF Implementation /Follow - up of Forest Already Existing Plant, Capacity Enhancement, Additional Forest Land Requirement - Project Required Clearance from ( EC under EIA Notification, 2006) (ii) CRZ (1991) Clearance (iii)forest Clearance including Proper Rights Act(2005) 62 8/23/

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64 Lavasa Hill Resorts, Pune 8/23/

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66 Violation of Environmental Law(s) Housing Project Didn t Get Propoer Environmental Clearance( EC) as per the EIA Notification (1994) ( Pre Revised) Several Violations related to EC Conditions ( Stipulated Earlier) Not Full Information was Submitted to Concerned Agencies While Obtaining EC ( Particularly Related to Utilization of water Resources for the Project Depriving the same to other Competitive/Traditional Users 8/23/

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74 Nuclear Power Plants 8/23/

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76 Clearances Required : (i) CRZ Clearance(2011) (ii) Prior Environmental Clearance Under EIA Notification (2006) : Category A Project, Item1(e) of EIA Notification

77 Exemptions from Obtaining EC All Projects of BARC & AERB are Exempted From Prior EC as per EIA Notification Sept. 14 th, 2011) Even if a Project Require Prior EC, Public Consultation is not Required (i.e. Exempted for the Projects Concerning : National Defense and Security Or Involving Other Strategic Considerations As Determined by the Central Government Regardless Whether EC is Required or Not All Environmental Regulated Rules and Regulations have to be Complied with as per the Law 30-Oct-13 CRRI 78

78 Navi Mumbai International Airport (NMIA) 8/23/

79 NMIA - Environmental Issues Project Involved Clearances Under EIA Notification(2006) & CRZ (1991) Notification Main Environmental Issues Involved Were: Location of the Project in CRZ Area ( Initially Airport was not Permissible Activity under CRZ(1991) (MoEF Amended CRZ Notification on May 15th, 2009) Training and Diversion of Gadi & Ulwe Rivers Cutting of 90m High Hill (Facilitate 15 Km Free Flight Path) Raising the Entire Site from 2.0m to 7.0m Level Change in Hydrology and Drainage Pattern of the Region Including JNPT & Panvel Region - May Lead to Flooding Reclamation of 161 ha. of Mangrove & Lagoon Areas Noise Levels Affecting Nearby Mathern Hills & Karnala Bird Sanctuary Rehabilitation of 3000 Families of 10 Settlements from 7 80 Villages

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82 Forest Rights Act (2006)(FRA) [The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (2006)] (Notified by Ministry of Tribal Affairs (MoTA), Govt. of India) (Effective From Jan. 1 st, 2008) 8/23/

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87 National Green Tribunal (NGT) The NGT established on under National Green Tribunal Act (2010) Specialized body equipped with necessary expertise to handle environmental disputes involving multidisciplinary issues Functions include- expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property

88 National Green Tribunal NGT not bound by procedure laid under Code of Civil Procedure, 1908, but guided by principles of natural justice Tribunal is mandated to make and endeavor for disposal of applications or appeals finally within 6 months of filling application New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other four place of sitting of the Tribunal

89 Court vs. Tribunal Rules of evidence are sacred to courts while tribunals adopt a relaxed approach to these rules In courts, most of the talking is done by lawyers. Tribunals encourage people to speak and lawyers have little role to play Courts have power to adjudicate in a variety of cases whereas tribunals specialize in a particular area Tribunals are cheaper and quicker for resolution than courts Proceedings of a court are presided over by a judge or a magistrate. Tribunal has a panel comprising a chairman and other experts members Tribunals are informal in sense that there are no special dress codes for different people. Courts have a strict code of procedure A solicitor is necessary in case of courts, they are rarely needed in case of tribunals Ref:

90 Land Acquisition Related Issues In Environmental Clearance Process 8/23/

91 Guidelines/ Policies/ Acts Related to Land Acquisition and R&R Land Acquisition Act(1854) National Resettlement and Rehabilitation Policy (NRRP) (2007) National Highways (NH) Act (1956) [Applicable to NHAI Projects Asian Development Board (ADB) Involuntary Resettlement Policy Guidelines (1995) Operational Manual (2006) World Bank (WB) Guidelines [World Bank s Operational Policies for Involuntary Resettlement OP/BP (4.12) (2001)] Applicable to Projects Funded by These Agencies 92 92

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95 Requirement of Environmental Clearance(s) For Metro Rail Corridors 8/23/

96 Requirement of Environmental Clearance(EC) Metro Rail Projects, Like Any Other Railway Projects, Do not Require Prior Environmental Clearance Under EIA Notification of Sept (As Amended in 2009) However, They May be Required to Take Other Environmental Clearance(s) ( eg, CRZ, Forest & Wildlife) ( If Applicable) Metro Station with Significant Commercial Activities ( eg., Offices, Malls etc. and > built up area 20,000 m 2, - Prior Environmental Clearance Under 8(a) from SEIAA/SEAC Required (eg. HUDA City Centre, Indralok) 97

97 Requirement of Environmental Clearance(EC) Contd. Mumbai Metro Rail Project : CRZ Clearance (Terminal Stations, Yards Situated in CRZ Areas) and Forest Clearance Mangroves needs to be cut for Land Acquisition - as per Orders of Mumbai High Court, they are to be treated as Forest, Requiring Forest Clearance. Delhi Metro - Realignment of e Kalindikunj Noida Corridor of Phase III to Avoid Okhla Bird Sanctuary - Declared as a Bird Sanctuary Under the Wildlife Protection Act (1972) Chennai Metro- CRZ Clearance for Their Terminal Stations In many States the Roadside Plantations (i.e. Linear Plantation Declared as PF : Forest Clearance Required if land is Required for Construction of Route/Corridor. 98

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100 Metro Rail Projects- Environmental Concerns

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102 Provision in EPA (1986)-Power of Central Government to Take Measures to Protect and Improve Environment (Section 3) Restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards. 103

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