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NOTIFICATIONS UNDER SECTIONS 3(1), (2)(V) ENVIRONMENT CLEARANCE
Notification No. SO 85(E) dated 29th January, as amended
by Notification No. SO 180(E), dated 24-2-1992
PROCEDURE FOR SEEKING ENVIRONMENT CLEARANCE FOR PROJECTS
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Any person who desires to undertake any project in
any part of India or expansion or modernisation of any existing industry
or project listed in Schedule 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.
Where it is required from the State Government then the application
is to be made to the Environment Secretary of the concerned State
Government.
The application is to be accompanied by a detailed project report
which shall include an environmental impact report and an environment
management plan.
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In case of the following site-specific 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. The
said site clearance will be granted for the sanctioned capacity
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The detailed project report submitted with the application
shall be evaluated and assessed by the impact assessment agency of
the central government in consultation with a committee of experts.
The said committee has the full right of entry and inspection of the
site at any time.
The impact agency will prepare a set of recommendations based on technical
assessment of documents and data furnished by the project authorities
subject to which environmental clearance will be given. The assessment
shall be completed within3 months on receipt of the requisite data
and documents.
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In order to enable the Impact Assessment Agency concerned
to monitor the effective implementation of the recommendations and
conditions subject to which environmental clearance has been given,
the project authorities concerned shall submit a half yearly report
to the concerned agency.
SCHEDULE I
List of projects requiring environmental clearance from
the 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
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 and/or Pottassium 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 (Na OH)
20. Integrated paint complex
21. Man-made fibres (synthetics and semi synthetics, rayon, nylon and
polyester)
22. Storage batteries with lead processing
23. Incineration plants for hazardous waste and chlorinated hydrocarbons
24. All projects with threshold criteria above those specified in Schedule
II
SCHEDULE II
List of projects requiring environmental clearance from
the clearance from the State Government
| Nature of projects |
Threshold criteria (if any) |
1. Ceramics
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2. Coal washery
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3. Briqueting
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4. Carbonising plant
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5. Engineering (tubings, castings, and rolling mills)
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6. Refactories
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7. Pipelines (RCC, steel and seamless)
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8. Calcium carbide
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9. Carbon black
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10. Reprocessing lubricating oil
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11. Glass
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12. Drugs and pharmaceuticals (formulations)
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13. Electroplating
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14. Storage batteries (non-lead processing)
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15. Alkalies (Na2 CO3 and CACO3)
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16. Plastic processing (HDPE, LLDPE, LDPE, PVC)
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17. Tyres/tubes of two wheelers and cycle rickshaws
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18. Retreading of all types of tyres
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19. Paints (varnish, coal, tar, chemicals and pigments)
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20. Dye single industry
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21. Soaps and detergents
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22. Food processing (meat, fish and animal
products)
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23. Milk processing
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24. Paper products
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| 25. Incernation plants for non-hazardous waste |
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| 26. Hydro-electric power |
Production capacity |
| (a) New projects |
up to 10 mw |
| (b) All power houses to be located on existing canal
falls or existing dams with already embedded penstocks |
up to 10 mw |
| 27. Cement |
up to 200 TPD |
| 28. Steel plants |
up to 50,000TPA |
| 29. Leather tannery |
up to 5,000 skins |
| 30. Distilleries |
up to 150 KLD |
| 31. Sugar |
up to 40,000TDP cane |
| 32. Textile |
up to 500 mts./d |
| 33. Pulp, paper and news print |
up to 33,000 TPA |
| 34. Dye intermediates |
up to 5 TDP |
| 35. Thermosets phenol and urea formadehyde |
up to 5,000 TDP |
| 36. Acids |
up to 500 TDP |
| 37. Vegetable oil processing |
up to 500 TDP Capital cost |
| 38. Foundries |
up to Rs. 20 crores |
| 39. Communications |
up to Rs. 20 crores |
40.Tourism and other projects within 1 km. of HTL of
sea, or at locations with an elevation of more than 1,000 mtrs
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up to 5 crores Area |
| 41. Irrigation |
up to 2,000 hectare command |
| 42. Mining |
up to 5 hectare lease |
| 43. Roads (in Himalayas or involving forest land) |
up to 5 kms. length |
| 44. Industrial estates |
up to 100 units |
| 45. Industrial township (new and expansion) |
up to 5,000 dwelling units |
PROCESS FOR PUBLIC HEARING
- Whoever applies for environmental clearance of projects, shall submit
to the concerned State Pollution Control Board twenty sets of the following
documents:
(i) An executive summary containing the salient features of the project
both in English and the local language.
(ii) Form XII prescribed under the Water (Prevention and Control of
Pollution) Rules, 1975, where discharge of sewage, trade effluents,
treatment of water in any form is required.
(iii) Form I prescribed under the Air (Prevention and Control of Pollution)
Union Territory Rules, 1983, where discharge of emissions are involved
in any process, operation of the industry.
(iv) Any other information or document which is necessary in the opinion
of the board.
- NOTICE OF PUBLIC HEARING
The State Pollution Control Board shall cause a notice for environmental
public hearing which shall be published in at least two newspapers circulated
in the area, one of which shall be in the vernacular language of the
locality. Suggestions, views, comments and objections shall be invited
within 30 days from the date of publication of the notice.
All persons including bona fide residents, environmental groups and
others located at the project site likely to be affected can participate
in the public hearing.
The public hearing shall be completed within 60 days from the date of
receipt of the documents
Notification No. SO 60(e), dated 27-1-1994, as
amended by Notification Nos. SO 230(E), dated 17-3-1994; SO 318(E),
dated 10-4-1997; SO73(E), dated 27-1-2000; SO 1119(E), dated 13-12-2000
and SO 1148(E), dated 21-11-2001
The Central Government vide Notification No..SO 60(E),
hereby directs that on and from the date of publication of this notification
in the Official Gazette, expansion or modernisation 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.
REQUIREMENTS AND PROCEDURE FOR SEEKING ENVIRONMENTAL
CLEARANCE OF PROJECTS
I. (a) Any person who desires to undertake
any new project in any part of India or the expansion or modernization
of any existing industry or project listed in the Schedule-I shall
submit an application to the Secretary, Ministry of Environment and
Forests, New Delhi.
The application shall be made in the proforma specified
in Schedule-II of this notification and shall be accompanied by a
project report which shall, inter alia, include an Environmental Impact
Assessment Report, an Environment Management Plan and details of public
hearing as specified in Schedule-IV prepared in accordance with the
guidelines issued by the Central Government in the Ministry of Environment
and Forests from time to time.
However, Public Hearing is not required in respect
of:
(i) small scale industrial undertakings located in
(a) notified/designated industrial areas/industrial estates or (b)
areas earmarked for industries under the jurisdiction of industrial
development authorities;
(ii) widening and strengthening of highways;
(iii) mining projects (major minerals) with lease area up to 25 hectares,
(iv) units located in Export Processing Zones, Special Economic Zones
and
(v) modernisation of existing irrigation projects.
(b) Cases rejected due to submission of insufficient
or inadequate data and Plans may be reviewed as and when submitted
with complete data and Plans. Submission of incomplete data or plans
for the second time would itself be a sufficient reason for the Impact
assessment Agency to reject the case summarily.
II. In case of the following site specific
projects:
(a) mining;
(b) pit-head thermal power stations;
(c) hydro-power, major irrigation projects and/or their combination
including flood control;
(d) ports and harbours (excluding minor ports);
(e) prospecting and exploration of major minerals in areas above 500
hectares;
The project authorities will intimate the location
of the project site to the Central Government in the Ministry of Environment
and Forests while initiating any investigation and surveys.The Central
Government in the Ministry of Environment and Forests will convey
a decision regarding suitability or otherwise of the proposed site
within a maximum period of thirty days. The said site clearance shall
be granted for a sanctioned capacity and shall be valid for a period
of five years for commencing the construction, operation or mining.
III (a) The reports submitted with the application
shall be evaluated and assessed by the Impact Assessment Agency, and
if deemed necessary it may consult a committee of Experts, having
a composition as specified in Schedule-III of this Notification.The
Impact Assessment Agency (IAA) would be the Union Ministry of Environment
and Forests.The Committee of Experts mentioned above shall be constituted
by the Impact Assessment Agency or such other body under the Central
Government authorised by the Impact Assessment Agency in this regard.
(b) The said Committee of Experts shall have
full right of entry and inspection of the site or, as the case may
be, factory premises at any time prior to, during or after the commencement
of the operations relating to the project.
(c) The Impact Assessment Agency shall prepare
a set of recommendations based on technical assessment of documents
and data, furnished by the project authorities, supplemented by data
collected during visits to sites or factories if undertaken, and details
of public hearing.
The assessment shall be completed within a period
of ninety days from receipt of the requisite documents and data from
the project authorities and completion of public hearing and decision
conveyed within thirty days thereafter.
The clearance granted shall be valid for a period
of five years for commencement of the construction or operation of
the project.
No construction work, preliminary or otherwise, relating
to the setting up of he project may be undertaken till the environmental
and site clearance is obtained.
IV. In order to enable the Impact Assessment
Agency to monitor effectively the implementation of the recommendations
and conditions subject to which the environmental clearance has been
given, the project authorities concerned shall submit a half yearly
report to the Impact Assessment Agency.Subject to the public interest,
the Impact Assessment Agency shall make compliance reports publicly
available.
V. If no comments from the Impact Assessment
Agency are received within the time limit, the project would be deemed
to have been approved as proposed by project authorities.
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Nothing contained in this Notification shall apply
to:
(a) any item falling under entry Nos. 3, 18 and 20
of the Schedule-I to be located or proposed to be located in the areas
covered by the Notifications S.O. No.102 (E)dated 1st February, 1989,
S.O. 114 (E) dated 20th February, 1991; *S.O. No. 416 (E) dated 20th
June, 1991* and S.O. No.319 (E) dated 7th May, 1992.
(b)any item falling under entry Nos.1,2,3,4,5,9,10,13,
16,17,19,*21*,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 investment less than Rs. 1 crore.
(d)defence related road construction projects in
border areas.
(e)any item falling under entry No. 8 of Schedule
I covered by the notification G.S.R. 1037(E) dated 5th December 1989.
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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
·Engineered reports
·Concealing of factual data
·False recommendations or decisions
[No.Z-12013/4/89-IA-I]
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 Petro-chemical intermediates such as DMT, Caprolactam, LAB etc.and
production of basic plastics such as LLDPE, HDPE, 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 alloys.
18.All tourism projects between 200m-500 metres of High Water Line and
at locations with an elevation of more than 1000 metres with investment
of more than Rs.5 crores.
19.Thermal Power Plants.
20.Mining projects *(major minerals)* with leases more
than 5 hectares.
21.Highway Projects **except projects relating to improvement
work including widening and strengthening of roads with marginal land
acquisition along the existing alignments provided it does not pass through
ecologically sensitive areas such as National Parks, Sanctuaries, Tiger
Reserves, Reserve Forests**
22.Tarred Roads in the Himalayas and or Forest areas.
23.Distilleries.
24.Raw Skins and Hides
25.Pulp, paper and newsprint.
26.Dyes.
27.Cement.
28.Foundries (individual)
29.Electroplating
30.Meta amino phenol
SCHEDULE-III
COMPOSITION OF THE EXPERT COMMITTEES FOR ENVIRONMENTAL
IMPACT ASSESSMENT
1.The Committees will consist of experts in the following
disciplines:
(i)Eco-system Management
(ii)Air/Water Pollution Control
(iii)Water Resource Management
(iv)Flora/Fauna conservation and management
(v)Land Use Planning
(vi)Social Sciences/Rehabilitation
(vii)Project Appraisal
(viii)Ecology
(ix)Environmental Health
(x)Subject Area Specialists
(xi)Representatives of NGOs/persons concerned with environmental issues.
2.The Chairman will be an outstanding and experienced
ecologist or environmentalist or technical professional with wide managerial
experience in the relevant development sector.
3.The representative of Impact Assessment Agency 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.
SCHEDULE IV
Procedure for Public Hearing
(1) Process of Public Hearing: - Whoever apply for environmental
clearance of projects, shall submit to the concerned State Pollution Control
Board twenty sets of the following documents namely: -
(i) An executive summary containing the salient features
of the project both in English as well as local language.
(ii) Form XIII prescribed under Water (Prevention and
Control of Pollution) Rules, 1975 where discharge of sewage, trade effluents,
treatment of water in any form, is required.
(iii) Form I prescribed under Air (Prevention and Control
of Pollution) Under Territory Rules, 1983 where discharge of emissions
are involved in any process, operation or industry.
(iv) Any other information or document which is necessary
in the opinion of the Board for their final disposal of the application.
(2) Notice of Public Hearing: -
(i) The State Pollution Control Board shall cause a
notice for environmental public hearing which shall be published in
at least two newspapers widely circulated in the region around the project,
one of which shall be in the vernacular language of the locality concerned.
State Pollution Control Board shall mention the date, time and place
of public hearing. Suggestions, views, comments and objections of the
public shall be invited within thirty days from the date of publication
of the notification.
(ii) All persons including bona fide residents, environmental
groups and others located at the project site/sites of displacement/sites
likely to be affected can participate in the public hearing. They can
also make oral/written suggestions to the State Pollution Control Board.
Explanation: - For the purpose of the paragraph person
means: -
(a )any person who is likely to be affected by the grant
of environmental clearance;
(b) any person who owns or has control over the project with respect to
which an application has been submitted for environmental clearance;
(c) any association of persons whether incorporated or not like to be
affected by the project and/or functioning in the filed of environment;
(d) any local authority within any part of whose local limits is within
the neighborhood, wherein the project is proposed to be located.
(3) Composition of public hearing panel: - The composition
of Public Hearing Panel may consist of the following, namely: -
(i) Representative of State Pollution Control Board;
(ii)District Collector or his nominee;
(iii)Representative of State Government dealing with
the subject;
(iv)Representative of Department of the State Government
dealing with Environment;
(v)Not more than three representatives of the local
bodies such as Municipalities or panchayats;
(vi)Not more than three senior citizens of the area
nominated by the District Collector.
(4) Access to the Executive Summary:- The concerned persons
shall be provided access to the Executive Summary of the project at the
following places, namely:-
(i) District Collector Office;
(ii) District Industry Centre;
(iii) In the Office of the Chief Executive Officers
of Zila Parishad or Commissioner of the Municipal Corporation/Local
body as the case may be;
(iv) In the head office of the concerned State Pollution
Control Board and its concerned Regional Office.
(v) In the concerned Department of the State Government
dealing with the subject of environment.
(5) Time period for completion of public hearing:
The public hearing shall be completed within a period
of 60 days from the date of receipt of complete documents as required
under paragraph 1.
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