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ENVIRONMENTAL CLEARANCE

Environmental Clearance from the Government is mandatory for certain projects. The Central Government imposed restrictions and prohibitions on the expansion and modernisation of any activity or new projects being undertaken in any part of India unless environmental clearance has been accorded by the Ministry of Environment and Forests (MoEF) or the State Environment Impact Assessment Agency (SEIAA) in accordance with the procedure specified. If the project or activity area is located within 10 kms from the boundary of (i) Protected Areas notified under the Wild Life (Protection) Act, 1972 , or (ii) Critically Polluted areas as notified by the Central Pollution Control Board from time to time, or (iii) Notified Eco-sensitive areas , or (iv) inter-State boundaries and international boundaries, then clearance must be obtained from the MoEF. The said projects which require from the Environmental Clearance are the following:-

The exploitation of the Environmental Impact Assessment regulations in India by private consultants - By Akash Karmakar
If an activity is allowed to go ahead, there may be irreparable damage to the environment and if it is stopped, there may be irreparable damage to economic interest. In case of doubt, however, protection of environment would have precedence over the economic interest - SC Judgment

1. Mining , extraction of natural resources and power generation (for a specified production capacity)

a. Mining of minerals
b. Offshore and onshore oil and gas exploration, development and production.
c. River Valley projects
d. Thermal Power Projects
e. Nuclear power projects and processing of nuclear fuel.

2. Primary Processing.

a. Coal Washeries
b. Mineral beneficiation

3. Materials Production

a. Metallurgical Industries (ferrous and non-ferrous)
b. Cement Plants

Do EIA reports really assess environmental impact ?
An article by Gonca Yılmaz, Turkey
VALIDITY OF CLEARANCE GRANTED

5. Manufacturing/ Fabrication

a. Chemical Fertilisers
b. Pesticide industry and pesticide specific intermediates
c. Petro-chemical complexes
d. Man made fibres manufacturing
e. Petrochemical based processing
f. Synthetic organic chemicals industry
g. Integrated paint industry
h. Pulp and Paper industry
i. Sugar industry
j. Induction/arc furnaces/cupola furnaces 5 TPH or more.

4. Materials Processing

a. Petroleum refining industry
b. Coke oven plants
c. Asbestos milling and asbestos based products
d. Chlor-alkali industry
e. Soda ash industry
f. Leather/skin/hide processing industry

6. Service Sectors

a. Oil and gas transportation pipe line
b. Isolated storage and handling of hazardous chemicals

7. Physical Infrastructure including Environmental Services

a. Air ports
b. Ship breaking yards and units.
c. Industrial estates, parks, complexes, areas and Export Processing Zones, and Special Economic Zones, Bio-tech Parks, Leather complexes.
d. Common hazardous waste treatment , storage and disposal facilities
e. Ports , Harbours, break waters, and dredging
f. Highways.
g. Aerial ropeways
h. Common Effluent Treatment Plants
i. Common Municipal Solid Waste Management Facility

HOW TO MAKE AN APPLICATION FOR ENVIORNMENTAL CLEARANCE

8. Building/Construction projects/Area Development Projects and Townships

a. Building and Construction projects above 20000 sq metres
b. Townships and Area Development Projects covering an area of 50 hectares or built up area of above 1,50,000 sq mts and above.

All projects including expansion and modernisation of existing projects or activities and change in product mix, shall require prior environmental clearance from the MoEF on the recommendation of Expert Appraisal Committee (EAC).

© 2013 Environmental Law Research and Guidance Foundation India (elaw.in)
Last Update : 28 April 2013
Page Created by P B Sahasranaman