Changes in Environmental Clearance process

The Union Ministry of Environment, Forest and Climate Change has introduced a number of changes to the environmental clearance process for projects development projects while proposing to exempt others entirely from its jurisdiction due to which the environmentalists are showing concern. These proposals and changes came in the form of two office memorandums and two notifications that were issued between 11th and 12th April 2022.

Overview:

  • For 39 types of developmental projects environmental clearance (EC) is mandatory. The developmental projects include hydropower, mining, thermal power, etc.
  • The clearance process is outlined by the Environmental Impact Assessment (EIA) notification that was issued in 2006.

Proposed changes in the exemption of strategic highways

In its draft notification that was issued on 11th April 2022, the union environment ministry had proposed to exempt highway projects across the country from the environmental clearance process that would be serving the strategic interests of India. The notification also stated that the project proponents must comply with a set of standards that will be looking to safeguard the environment. Also, the notification has proposed that 15 MW thermal power plants that mainly function on solid waste and biomass and uses up to 15 per cent of coal, petrol, or lignite as an auxiliary fuel, must be allowed to increase, to up to 25 MW, their capacity without the clearance. This draft notification is also looking to exempt the expansion of ports for fishermen who are using boats with less potential of pollution potential. It also allows the terminal buildings’ expansion within airports, provided they do not take more land. This draft notification has been opened for public feedback for a period of 60 days from its date of publishing.

Proposed changes regarding hydro, nuclear projects

On 12th April 2022, another notification was issued to extend the validity of environment clearance for hydro and nuclear projects, as there is often a delay in their implementation due to various issues like delay in forest clearance, geological surprises, local issues, land acquisition, resettlement, rehabilitation etc. For such projects, the environment clearance validity is usually 10 years. However, under this new notification, for river valley projects EC will last for 13 years, and for nuclear projects 15 years. Under the Mines and Mineral (Development and Regulation) Act, 1957, mining leases are awarded for up to 50 years and the EC validity for mining leases is given for 30 years. Under the new notification, this has been extended for another 20 years if required. In the case of several hydro projects, EC validity has been extended by up to two years.

About increase in production capacity

On 11th April 2022, another office memorandum was issued for guidelines for existing projects that are seeking to increase their production capacity by up to 50 per cent. Under this notification, they have been allowed to increase their production capability under certain conditions without holding another public hearing, which was required under the 2006 EIA notification. Some of the conditions include no reduction in the surrounding green belt, no additional acquisition of land or forest diversion, etc.


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