|
IMPORTANT
EIA NOTIFICATIONS
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."
|