Regarding construction projects, environmental clearance is one of the most important things to consider. This is because, in many cities, construction projects must go ahead with proper environmental clearance.
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Construction projects can have a significant impact on the environment, both during the construction process and after the project is completed. As a result, construction companies must obtain environmental clearance for construction projects from the relevant authorities before starting a project.
The process of obtaining an EC clearance can be complex and time-consuming. Still, ensuring that the project is carried out environmentally responsibly is essential.
This blog post will look at India’s environmental impact assessment notification process. We’ll explore what EIA draft notification is and how it impacts construction projects. We’ll also look at the environment clearance process in India and how it helps to ensure that construction projects are carried out in a way that minimises their impact on the environment.
What is EIA?
An EIA (Environmental Impact Assessment) is a process of gathering information about the potential environmental impacts of a proposed project. This information is then used to develop mitigation measures to reduce or eliminate those impacts.
The EIA process typically includes several steps.
1. Screening–The first step in an EIA is to screen the proposed project to see if it is likely to have significant environmental impacts. If the project is not likely to have significant impacts, no further assessment is required, and construction can proceed.
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2. Scoping–If the screening step indicates that there could be significant impacts, the next step is to scope the study area and identify which specific impacts need to be assessed.
3. Assessment–Once the study area has been scoped, data is gathered on the potential environmental impacts of the proposed project. This data can come from various sources, including field studies, laboratory tests, and computer models.
4. Mitigation–Based on the results of the assessment step, mitigation measures are developed to reduce or eliminate the identified impacts. These measures may include project design changes, construction methods, or requirements for post-construction monitoring.
5. Decision-making–After all the information has been collected and analysed, a decision is made on whether or not to proceed with the project. The project may be modified or even rejected outright if significant environmental concerns remain.
What Is An Environmental Impact Assessment Notification?
The Government has made a law called the Environment Protection Act, 1986, to protect the environment. Under section 3 of this act, the Government issues Environmental Impact Assessment Notification that says that when someone wants to start a new project or change an existing one, they must first tell the Government about it and follow special rules to protect the environment.
What Is The EIA Draft Notification?
EIA draft notification is a formal notice that construction projects will be submitted to the EIA process. The notice is typically published in a local newspaper and on the project website. The notice includes information on the project, the purpose of the EIA, and how to participate in the process.
The EIA draft notification is an important part of the EIA process. The Notification should be clear and concise and provide all relevant information about the project. It should also include contact information for those who wish to learn more or provide input.
The recently released draft of the EIA notification 2020 offers some of the most crucial proposals, including reduced public consultation and hearings periods. According to the draft, the notice period for public hearings has been decreased from 30 to 20 days and the completion of hearings from 45 to 40 days.
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Several projects have been excluded from scrutiny by classifying them as A, B1 and B2. Moreover, post-clearance compliance, or adherence to certain rules detailed in the EIA report, is now required from proponents after approval from the appropriate authority.
The Notification allows projects without environmental clearance to apply for a post-facto clearance and regularise their operations.
Construction projects with a built-up area of up to 1,50,000 sq metres are exempted, significantly higher than the previous exemption of 20,000 sq metres. However, such projects still need to be evaluated by a state-level expert appraisal committee before they can be granted environmental clearance.
Environmental Clearance Process In India
In India, the environmental clearance process for construction projects is governed by the EIA (Environmental Impact Assessment) Notification, 2006. The Notification requires that all projects requiring an EIA must be registered with the concerned State Pollution Control Board or Pollution Control Committee.
The Notification also prescribes the procedure for carrying out an EIA, which includes public consultation meetings, submission of reports, and obtaining clearance from the EACs (Expert Appraisal Committees).
The entire process of environmental clearance for construction projects in India aims to minimise any potential negative impacts on the environment.
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The procedure for Indian environmental clearance is explained below.
1. Site Identification and Selection
To begin the project, the proponent must identify the site which complies with all relevant siting guidelines; should the project site fail to meet the set guidelines, the proponent must search for a new location.
2. Category Evaluation.
The proponent next decides if environmental clearance is required for the planned project. If the notification schedule covers it, the proponent conducts an EIA study independently or with a third party’s help.
3. SPCB’s Submission Of The EIA Report And Assessment.
The appropriate State Pollution Control Board and the State-based Forest Department (if situated nearby or inside the forestland) are then given the EIA report by the investor.
The effectiveness of the proposed control measures to adhere to the regulations is evaluated by the SPCB, as well as the quantity and quality of effluent or pollutants that are anticipated to be produced by the project. The SPCB will provide a No-objection Certificate if it finds no irregularities and approves.
4. Public Hearing.
The public hearing is an important stage in the environmental clearance procedure because it allows locals to voice any concerns about the project. In addition, this process takes place before issuing the No-objection Certificate.
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The District Collector serves as the hearing committee’s chair. The hearing committee examines all public recommendations and objections before moving on to the approval stage.
5. Submission of an Application to MoEF.
In the instance of Project A or the state government in the case of Project B, the project proponent submits the appropriate application for environmental clearance to the Ministry of Forest and Environment. The EIA report, EMP, NOC, and information about the public hearing are all included in the application’s supporting documentation.
6. Environmental Appraisal.
The Ministry of Environment and Forests staff members assess the documentation, and additional on-site inspections may be carried out as needed. In addition, the environmental appraisal committees, established for each industry sector—mining, river valley, and industries—receive the applications and frequently meet to examine them.
The committee may also arrange public hearings to promote community involvement in development choices for specific projects that receive a lot of public interest. Then, the Appraisal Committees plan their recommendations on whether to approve or reject certain projects.
7. Release a Letter of Approval or Rejection.
The proposals for each should be sent to the appropriate divisions of the Ministry when a project needs both environmental clearance and consent under the Forest (Conservation) Act of 1980. Separate letters may be sent. However, clearance andrejection will be processed simultaneously. If diverting forest land is optional for the project, only environmental clearance is needed.
Within 90 days, environmental assessment and evaluation should be finished after obtaining the required information and data from the relevant authorities and holding successful public hearings. The decision of the Ministry will be announced within the following 30 days. After the project’s operations begin, the clearance is valid for five years.
Environment Clearance In Different Cities
Different cities have different requirements for environmental clearance of construction projects. Sometimes, a city may require an environmental impact assessment and environmental clearance before construction begins. Other times, a city may have specific regulations that must be followed to mitigate the project’s environmental impact.
The pollution control board of each city is responsible for issuing environment clearance certificates to construction projects of its respective cities. In Mumbai, for example, construction projects must obtain environmental clearance from the Maharashtra Pollution Control Board. In Rajasthan, the requirement is set by the Rajasthan State Pollution Control Board.
Each of these boards has different requirements for environmental clearance. For instance, in Mumbai, a project must have an Environmental Impact Assessment report before it can be cleared. In Rajasthan, a project must have a No Objection Certificate from the pollution control board before being cleared. Similarly, a project must obtain an Environmental Clearance Certificate in Gujarat before approval.
| Mumbai | Rajasthan | Gujrat | |
| Board | Maharashtra Pollution Control Board | Rajasthan State Pollution Control Board | Gujarat Pollution Control Board |
| Stipulation | Environmental Impact Assessment report. | No Objection Certificate from the pollution control board. | Environmental Clearance Certificate. |
Many factors contribute to the variation in environmental clearance requirements and timelines between cities. These include differences in local laws and regulations, administrative procedures, and the capacity of local institutions.
For the sake of the general public’s knowledge, the following approvals or NOCs are nevertheless required, even for projects where EC is not required.
- The Project Proponent must comply with all requirements outlined in the State Pollution Control Board’s NOC and subsequent “Consent to Operate” document issued under the Air and Water Acts.
- Suppose any forest land is included in the approach road to the project. In that case, approval is required from the Regional Office of the Union Ministry of Environment & Forests, Government of India, for the right of way under the Forest (Conservation)Act, 1980.
- “NOC” from the Panchayat or Local Municipal Committee.
- “NOC,” if appropriate, from the Civil Aviation Department.
- The Fire Safety Department’s approval.
- The Central Ground Water Board approved the project’s bore wells to be operational.
- Permission from the Chief Controller of Explosives to store the fuel during the construction and, if necessary, operational phases.
- If necessary, approval from the National Highway Authority of India (NHAI) for the project’s approach to the road.
- Approval from the State Government’s Mining Department for the project’s basement excavation, if necessary.
- Any other municipal or state authority’s NOC or approval, as appropriate under the circumstances.
- Following regional court orders, permission from any other authorities may be necessary.
To ensure that construction projects are carried out in an environmentally friendly manner, environmental clearance is a crucial consideration in India.
For Environment Clearance For Construction Projects, the projects must be submitted to the EIA process, and the EIA draft notification offers contact information for those who want to learn more.
If you’re looking for an easy and efficient way to get environmental clearance for your construction project, NoBroker Legal Services can help. We offer a comprehensive range of services to help you with every step of the process, from initial feasibility studies to final sign-off.
We understand that every construction project is different, so we tailor our approach to meet your needs. For example, we’ll work with you to identify any potential environmental impacts of your project and put together a plan to mitigate them. We’ll also help you to engage with local stakeholders and secure the necessary permissions and licences.
FAQ’s
Q1: What is environmental clearance?
A1: Environment clearance is the process of obtaining approval from competent authorities for construction projects that may have an impact on the environment. The main objective of this process is to ensure that the project does not adversely affect the environment and complies with all the relevant environmental regulations.
Q2: Why is environmental clearance required?
A2: Construction projects will likely harm the environment, both during and after construction. This impact can be negative or positive, depending on how the project is designed and managed. Environment clearance ensures that any potential negative impacts of the project are minimised and that any positive impacts are maximised.
Q3; Who needs to obtain environmental clearance?
A3: Anyone planning to carry out a construction project that may impact the environment must obtain environmental clearance from the competent authorities. This includes developers, builders, architects, engineers and contractors.
Q4: How long does it take to obtain environmental clearance?
A4: The time taken to obtain environmental clearance varies depending on the size and nature of the project, as well as the country in which it is being constructed. In general, it can take several months to complete the entire process.
Q5: What are the consequences of not obtaining environmental clearance?
A5: If you carry out a construction project without obtaining environmental clearance, you may be liable for punitive action by the authorities. This could include a fine, imprisonment or both. In addition, your project may be required to undergo an EIA, which could delay its completion.
