Wednesday, 23 May 2012

ENVIRONMENT CLEARANCE

 ENVIRONMENT   CLEARANCE                                                                   
PREAMBLE:
      1.       The MoE&F, GOI vide S.O. 1533 dt. 14.09.2006 issued Environmental Impact          Assessment Notification, 2006 (EIA-2006).
 2.       As per the provisions laid under EIA-2006 notification, prior Environmental Clearance (EC) is required for the following projects.
 *     All new projects/activities listed in Schedule
 *    Expansion and/or modernization of existing projects/activities
 *     Change in product mix if the pollution load is increasing.
3.      The MoE&F, GOI process the environmental clearance applications related to Category-A projects and the State level Environment Impact Assessment Authority (SEIAA, AP) process the environmental clearance applications related to Category-B projects.  The list of the projects which require prior EC is mentioned in the EIA Notification-2006.
 4.       In the process of prior Environmental Clearance there are 4 stages. They are as  follows:
           Stage I: Screening
Stage II: Scoping
[Stage III: Public Consultation
Stage IV: Appraisal 
 PROCEDURE  TO OBTAIN   ENVIRONMENTAL CLEARANCE:
 1.       The proponent shall apply in the prescribed application format i.e. Form- 1 (or Form 1 & 1A in case of construction projects) along with relevant documents to the concerned Authority  ( MoE&F, GOI in case of Category-A projects  OR  SEIAA, AP incase of Category-B  projects).  
2.       The proponents are invited to the meeting of the State Level Expert Appraisal Committee (SEAC), an advisory committee to the State level Environment Impact Assessment Authority (SEIAA). The applications are subjected to screening and scoping. The SEAC issues Terms of References (TORs) to the project proponents based on the climatic conditions of the region, surroundings of the site, manufacturing process, pollution generated from the proposed project etc.  
3.       The proponent has to prepare a draft Environment Impact Assessment (EIA) report based on the TORs issued by the SEAC. The proponent approaches concerned State Pollution Control Board to undergo the process of public consultation. The public hearing is conducted under the Chairmanship of District Magistrate or his /her representative not below the rank of an additional District Magistrate assisted by the representative of State PCB. A paper notification is issued in the local news papers both in Telugu and English languages 30 days in advance indicating the date, time and venue for the public hearing. The public hearing will be conducted on the date specified in the paper notification. The minutes of the public hearing are prepared and sent along with the representations received from the public to the concerned Authority i.e. MoE&F, GOI for Category-A projects and SEIAA for Category-B projects. 
 4.       The proponent prepares the final EIA report incorporating the issues arouses in the public hearing and submits to the concerned Authority i.e. MoE&F, GOI for Category-A projects and SEIAA for Category-B projects. 
 5.       The concerned Authority appraises the final EIA report, minutes of the public hearing and representations received from the public and the reply /commitments of the proponent on the issues arouse in the public hearing. A final decision is taken regarding issue of environmental clearance, conditions to be stipulated in the EC. Accordingly, environmental clearance is issued.  If the Authority decides to reject the application of EC, the decision will be communicated to the proponent along with reasons for rejection. 
6.       As per the provisions laid under EIA-2006 notification, the maximum time required for the process of an application for issue of Environmental Clearance is about 10 to 12 months. (i.e. for above mentioned 4 stages).
 7.      GENERAL CONDITION (GC):
 Any project or activity specified in Category �B� will be treated as Category A, if located in whole or in part within 10 km from the boundary of:  (i) Protected Areas notified under the Wild Life (Protection) Act, 1972, (ii) Critically Polluted areas as notified by the Central Pollution Control Board from time to time, (iii) Notified Eco-sensitive areas, (iv) inter-State boundaries and international boundaries.
 8.      SPECIFIC CONDITION (SC):
 If any Industrial Estate/Complex / Export processing Zones /Special Economic Zones/Biotech Parks / Leather Complex with homogeneous type of industries such as Items 4(d), 4(f), 5(e), 5(f), or those Industrial estates with pre �defined set of activities (not necessarily homogeneous, obtains prior environmental clearance, individual industries including proposed industrial housing within such   estates /complexes will not be required to take prior environmental clearance, so long as the Terms and Conditions for the industrial estate/complex are complied with  (Such estates/complexes    must    have a clearly identified management with the legal responsibility of ensuring adherence to the Terms and Conditions of prior environmental clearance, who may be held responsible for violation of the same throughout the life of the complex/estate).

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