MoEF draft notification
MINISTRY OF ENVIRONMENT AND FORESTS
New Delhi, the 27th October, 2003
S.O. 1236 (E)- Whereas, the Central Government recognising the need for evolving procedures for the environmental impact assessment of proposed new towns as also laying down broad guidelines for such assessment, constituted an Expert Group which submitted its report during 1989. The Government is implementing various measures for control of pollution from various sources including industrial, domestic, bio-medical wastes etc. Under the National River Conservation Plan (NRCP), the pollution abatement works in 157 towns along 31 rivers in 18 States have been undertaken in addition to Ganga Action Plan Phase-I. Despite these efforts, the sewerage system and sewage treatment capacity already provided under NRCP including the Ganga Action Plan are not adequately maintained by the respective local bodies, resulting in partial achievement of the objectives of NRCP;
And whereas, such projects have adverse impact on environment including wetlands, lakes, rivers and coastal waters posing serious health hazards to the local population including children. Even for construction of a house in a Panchayat area, plans are approved only after the provision of a septic tank. For an industrial project, an effluent treatment plant is necessary and for an industrial estate a common effluent treatment plant is necessary. On the other hand, local bodies/development authorities in towns have been approving new construction projects of various categories and sizes without any concern for the environment;
And whereas, the Hon’ble Supreme Court in the Writ Petition (C) No. 725 of 1994 with I.A. No.20,21,1207,1183,1216 and 1251 in Writ Petition No.4677 (C) of 1985 in the matter of news item Hindustan Times titled “And Quiet Flows the Maily Yamuna” Vs. Central Pollution Control Board and others, observed on 4th December, 2001, as under:
“The learned Solicitor General submits that in relation to town planning the provisions of the Environment (Protection) Act, 1986 would be applicable and whenever any decision is taken in regard to town planning, environment impact assessment must first be undertaken, clearance obtained and then the decision taken. Unfortunately, the Rules under Environment (Protection) Act as such do not cover town planning. In regard to this aspect, the learned Solicitor General wants to address arguments and give suggestions to the Court as to what effective orders can be passed with a view to prevent the river Yamuna from becoming history. The Central Government should also consider and inform the Court on the next date of hearing whether it should not amend the Rules under the Environment (Protection) Act so as to require the environment impact assessment for the purposes of the town planning Acts.”
And whereas, the Central Government took a serious view of continuing pollution of rivers and other water bodies and in order to control further deterioration of water quality in these water bodies, it is felt necessary that new projects relating to construction of new townships, industrial townships, settlement colonies, commercial complexes, hotel complexes, hospitals, office complexes for 1,000 persons and above or discharging sewage of 50,000 litres/day and above or with an investment of Rs. 50 crores and above and new industrial estates having an area of 50 hectares and above and the industrial estates irrespective of area if their pollution potential is high, are proposed to be brought under the purview of Environment Impact Assessment Notification;
And whereas, the proposal shall be subject to the following conditions, namely:
(1) Project proponent intending to implement the proposed project in a phased manner or in modules, shall be required to submit the detailed project report of the entire project covering all phases or modules for appraisal under Environment Impact Assessment.
(2) Project proponent intending to take up projects of very urgent nature during the pendency of the draft Notification shall be required to submit a certificate from the concerned local bodies/authorities with regard to the availability of sewage treatment capacity in their existing sewage treatment plant for incremental quantity to be generated by the project. Such projects can be considered by the Government for environmental clearance on a priority basis on the receipt of the complete proposal with all relevant documents subject to verification of such documents.
(3) New construction projects where construction work has not come up to the plinth level on the date of issue of this draft Notification shall require clearance under the Environment Impact Assessment Notification.
(4) In the case of new Industrial Estates, where the construction work has not commenced or the expenditure does not exceed 25% of the total sanctioned cost on the date of issue of this draft Notification shall require clearance under Environment Impact Assessment Notification.
(5) In respect of projects covered under Clauses 3 and 4 above, application for environmental clearance shall be submitted by the project proponent within 30 days of finalization of this draft Notification.
And whereas, by Notification of the Government of India in the Ministry of Environment and Forests No. S.O.60(E), dated the 27th January, 1994 the Central Government imposed certain restrictions and prohibitions on the expansion and modernisation of any activity or the undertaking of any project unless environmental clearance has been accorded by the Central Government or the State Government in accordance with the procedure specified therein;
Now, therefore, the following draft amendments to the said Notification, which the Central Government proposes to make in exercise of the powers conferred by sub-section (1) read with clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, for the information of all persons likely to be affected thereby; and notice is hereby given that the said draft amendments shall be taken into consideration after the expiry of a period of sixty days from the date on which copies of the Gazette containing the said draft amendments are made available to the public;
Any person desirous of making any objection or suggestion in respect of the said draft amendments may forward the same in writing for consideration of the Central Government within the period so specified to the Secretary, Ministry of Environment and Forests, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi-110 003.
In the said Notification, -
(i) in para 3, after sub-para (f), the following sub-paras shall be inserted, namely :-
“(g) any construction project falling under entry 31 of Schedule-I including new townships, industrial townships, settlement colonies, commercial complexes, hotel complexes, hospitals, office complexes for 1,000 (one thousand) persons or below or discharging sewage of 50,000 (fifty thousand) litres per day or below or with an investment of Rs.50,00,00,000 (Rupees fifty crores) or below;
(h) any industrial estate falling under entry 32 of Schedule-I including industrial estates accommodating industrial units in an area of fifty hectares or below but excluding the industrial estates irrespective of area if their pollution potential is high;
Explanation. – Any project proponent intending to implement the proposed project under sub-paras (g) and (h) in a phased manner or in modules, shall be required to submit the detailed project report of the entire project covering all phases or modules for appraisal under Environment Impact Assessment Notification”;
(ii) in Schedule-I, after item 30, the following items shall be added namely:-
“ 31. new construction projects
32. new industrial estates”;
(iii) in Schedule-II, in para 5, for sub-para (f), the following sub-para shall be substituted, namely:-
“(f) (i) The quantum of existing industrial effluents and domestic sewage with incremental load to be released in the receiving water body due to the proposed activities along with treatment details;
(ii) The quantum and quality of water in the receiving body before and after disposal of solid wastes including municipal solid wastes, biomedical wastes, hazardous wastes, industrial effluents and domestic sewage;
(iii) The quantum of industrial effluents and domestic sewage to be released on land and type of land”;
(iv) In para 6, for sub-para (a), the following sub-para shall be substituted, namely:-
“(a) Nature and quantity of solid wastes generated including municipal solid wastes, biomedical wastes, hazardous wastes and industrial wastes.”
R. Chandra Mohan, Jt. Secy.
Note: The principal Notification was published in the Gazette of India vide number S.O.60 (E) dated 27-1-1994 and subsequently amended vide S.O. 356(E) dated 4th May, 1994, S.O 318 (E), dated 10th April, 1997, S.O. 73(E) dated 27th January, 2000, S.O. 1119 (E) dated the 13th December, 2000, S.O., 737(E) dated 1st August, 2001, SO.O1148 (E) dated 21st November, 2001, S.O. 632 (E) dated the 13th June, 2002, S.O. 248 (E) dated the 28th February, 2003, S.O. 506(E) dated the 7th May, 2003, S.O. 891(E) dated the 4th August, 2003 and S.O. 1087(E) dated the 22nd September, 2003.
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