Centre gives violators six-month window to obtain environmental approvals

MUMBAI: The Union ministry of environment and forests and climate change (MoEFCC) has offered a six-month window for all entities who started construction without seeking environmental clearance (EC), to apply for the same. The notification, issued on March 14, states the ministry deems it necessary to bring all projects and activities in compliance with environmental laws at the earliest.

All projects which require prior environmental clearance but were brought before the regulatory authority for clearance after starting construction work, are to be treated as cases of violations. The notification states that even Category B projects (building construction) will be appraised for grant of environmental clearance by an expert appraisal committee and EC will be granted at the central level. In Maharashtra alone there are over a 100 projects that have been taken up without prior EC.

As per the notification, in cases of violation action will be taken against the project proponent by the state government or state pollution control board under the Environment Protection Act, 1986. Further, no consent to operate or occupancy certificate will be issued till the project is granted the EC. Criminal prosecution in the courts will be an independent and separate proceeding.

The cases of violation will be appraised by respective sector expert appraisal committees with a view to assess that the project has been constructed at a site which, under prevailing laws, is permissible and the expansion which has been done can be run sustainably under compliance of environmental norms with adequate environmental safeguards.

If the findings are negative, closure will be recommended along with other actions under the law, states the notification. If the findings are affirmative, or in other words, the environmental damage can be rectified,

then the project will be prescribed terms of reference, remediation plan and natural and community resource augmentation plan. The collection and analysis of data for assessment of ecological damage will be done by an accredited independent environmental laboratory.

The project proponent will be required to submit a bank guarantee, equivalent to the remediation and resource augmentation plans, with the state pollution control board. The quantum will be decided by the EAC and finalised by the regulatory authority. It will be deposited prior to the grant of EC and will be released only after successful implementation of the plans. The completion must be confirmed by the regional office of the MoEFCC, the EAC and the regulatory authority, states the notification.

Activist Zoru Bathena, who has been highlighting violation of laws for the Metro-III project, said there may be genuine cases where the violation may be inadvertent but said the government must publicise how many violators have been prosecuted till date. “It’s like the Voluntary Disclosure of Income Scheme, where the government does not have the mechanism to catch those who have black money. But those schemes have 

not stopped the menace. If it is so difficult to comply with environment laws and even more difficult to implement them, then do away with the law itself,” said Bathena.

Source: ET Realty