Processes For Environment Related...
Transcript of Processes For Environment Related...
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Processes For Environment Related Clearances
June, 2020
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Important Laws and Regulations concerning Environment Related Clearances
Environment Protection Act 1986 and amendments1
Forest (Conservation Act 1980 and Amendments2
Wildlife Protection Act,1972 and amendments3
Environment Impact Assessment Notification, 20064
Coastal Regulation Zone Notification 20195
Hazardous Waste (Management, Handling and Trans Boundary Movement )Rules, 20166
Water(Prevention and Control of Pollution) Act 19747
Air (Prevention and Control of Pollution) Act 1981 And 8
Article 14 of MRSC of DSF9
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Environment Impact Assessment Notification, 2006Draft amendment, January-2020
Offshore and Onshore Oil and Gas Exploration, Development and Production Projects
Category A, to be appraised at MoEF&CC
Covered under (1b) of the schedule to EIA notification.
EC process
Scoping
Public Hearing
Appraisal & Environment Clearance
Amendment dated 16th January, 2020 categorized Offshore and Onshore Oil and Gas Exploration, activities
as B2 Category projects requiring Environmental Clearance (EC) to be obtained from concerned State Govt.
B2 Category projects do not require conduct of public hearing and preparation of EIA report.
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Standard Terms of Reference for EIA Studies
Base line studies covering water, air and land etc
Source of fresh water, waste water generation and discharge
Solid Waste Management
Risk Assessment and Mitigation Measures
Restoration Plans and measures for decommissioning
Environment Management Plan
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2
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QCI/NABET authorised Consultants7
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Process for Environmental Clearance under EIA, 2006
Application (on line) to
MOEFCC in Form-1, Pre-
feasibility Report & draft TOR
EAC, MOEFCC to consider proposed
TOR
Proceedings are intimated to
operator and displayed at office of
Panchayats, SPCB website etc.
Operator is required to address
issues and annex response in final
EIA report
Operator to prepare draft EIA
report through consultant
accredited by Quality Council of
India (QCI)
Submit draft EIA report to,
SPCB/UT Pollution control
Committee for conducting
Public Hearing(PH).
Final EIA report and proceedings of
PH to be submitted (on line) to
MoEF&CC for appraisal and
Environmental Clearance.
On declared date, EAC makes its
recommendation to MoEF&CC
for grant of prior EC clearance
on stipulated terms and
conditions or rejection with
reasons for
Minutes of EAC meeting are
displayed on the website of
MoEF&CC and case is then
processed for final decision .
Environmental clearance letter is
uploaded on MoEFCC website
and operator is conveyed of
decision.
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EIA Process under EIA 2006 – Time lines
Terms of Reference EAC 30 days
Public consultation SPCB 45 Days
Appraisal EAC 60 days
Grant of EC MOEF 45 days*
Process Department Timeline
The total time taken for completion of all processes is ~180 days
* Any Extra time taken by Govt. Depts. will be considered for Grant of Excusable delay
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Transfer of Environmental Clearance(EC)
Indicative list of documents required for transfer of Environment clearance
Valid Environmental Clearance
MoU between both parties i.e. transferee and transferor
Commitment by new agency/ operator to implement EC conditions given to the original operator
Present status of project by operator / monitoring report by MoEF&CC regional office
Details of legal notices received and court cases etc, if any, to the original operator and compliance
commitment by the new operator
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Procedure for Clearance under Coastal Regulation Zone Notification, 2019
CRZ notification under EP Act 1986
Notification relates to permissible & regulated activities
Composite Environment & CRZ clearance under EIA notification 2006 based on
recommendation of concerned CZMA
• SEIAA for category B &
• MoEFCC for category A
All development activities in CRZ-I & CRZ-IV regulated of permissible as per
notification to be dealt by MoEFee based on recommendation of CZMA
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Procedure for Forest Clearance
Approval under FC Act 1980 for diversion of forest land for non-Forestry Purposes.
For grant of PML , FC required under section 2(iii) of Act, if forest land involved.
For diversion of forest land for proposed activities FC under section 2(ii) of Act.
Portal of Forest Approval ( www.forestsclearance.nic.in ) provides detailed procedure
including manual for User Agency for clearances of projects
Clearance stages
a. Stage-I clearance - referred to as in-principle clearance
b. Stage-II clearance - final clearance after which the work in forest area can be
undertaken
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Procedure for Forest Clearance- Stage 1 clearance
User agency makes Forest clearance
proposal in portal
Nodal officer Scrutinize
NO close processing and
uploading part II of Form A
No sends acceptance to
operator and timeline starts
District collector to view and
upload FRA document
CF/CCF for
processing and
uploading part
III of Form
Nodal officer to note all
recommendations and process for
uploading part IV of form A
Upto 40 Ha More than 40 Ha
Regional office Secretary MOEF
Upto 5 Ha 5-40 Ha
State advisory GP
MOEF
Forest advisory committee
40-100 Ha More than100
Ha
Site visit by regional
office
Au
to f
orw
ard
State secretary to process proposed
and upload part V of Form A
MOEF grants in principal approval
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Procedure for Forest Clearance- Stage 2 clearance
NODAL OFFICE
DFO Conservator of Forest
After In-Principle Approval
1. Cost of Compensatory of Forestation2.NPV
Compliance Report
Conservator of Forest in Complete
DFO In Complete User Agency
DFO & User Agency
Nodal OfficerIF OK
1. User Agency2. Conservator of Forest3. DFO
IF NOT OK IF OK
State Govt.
1. User Agency2. Nodal Officer3. Conservator of Forest4. DFO
IF NOT OK
Regional Office Find Approval
IF OK IF OK
MoEF Find Approval
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Transfer of Forest Clearance (FC) from one lease Holder to other
Indicative list of documents required for transfer of Forest Clearance
Valid forest clearance letter
Transfer possible for same activity in area approved for diversion
Both parties have to agree for transfer (State Govt. and user agency)
All stipulated clearance conditions to be implemented by new user agency
MoEF&CC to finally recommend the transfer of FC with additional conditions, if deemed necessary.
Transfer fee to be charged as per of MoEF&CC circular dated 3rd May, 2010 i.e. operator to pay 10% of
Net Present Value (NPV) for forest diversion evaluated for original user agency or Rs. One lakh, whichever
is less
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Procedure for Wild life clearance
User agency to register in
portal
Proposal forwarded to
concerned DFO/Wild life
warden
If accepted, DFO uploads part
II of form on the portal with
recommendation
CWW to review
recommendation of DFO and
send recommendation to
State Govt.
State Govt. to review DFO &
CWW recommendation and
upload recommendation of
SBWL on portal
Proposal forwarded to Head
Office, Wild Life. HO
reviews recommendation of
DFO,CWW,BWL and process
for approval of competent
authority
MOEFCC-HO update &
upload recommendation in
NBWL portal
Post approval
Auto forwarded to concerned
Chief Wildlife Warden (CWW)
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Timelines for Forest Clearance
Level 5ha.
(days)
5 to 40 ha.*
(days)
40 to 100 ha.
(days)
More than 100ha.
(days)
State Govt.-Stage I 110 120 160 180
Central Govt-Stage I 30 40 75 130
Stage II Clearance 120
*All mining projects including oil and gas sector
All oil and gas sector projects , irrespective of area to be considered at central level.
Consent to Establish and Consent to Operate under
Permissions from State Pollution Control Boards
Water (Prevention and Control of Pollution) Act, 1974
Air (Prevention and Control of Pollution) Act, 1981 And Authorisation under
Hazardous Waste (Management, Handling and Trans Boundary Movement ) Rules, 2016
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Creation of separate category/sub-category of " Hydrocarbon Exploration and Production " in the online
Performa for forest clearance in the PARIVESH portal with formats and templates specific to oil & gas sector
under ORD Act 1948 and Petroleum Rules, 1959.
Extraction of Hydrocarbon from sub-surface depth beneath the forest area by Extended Reach Drilling (ERD)
technology from outside forest boundary does not come under the purview of FC Act, 1980. -it was decided
to form a committee to ascertain the negative impact of underground Oil and Gas operation on the above
ground biodiversity.
Formation of ‘land banks’ for Compensatory Afforestation (CA) to get faster Forest Clearances (FC)
Obtained password for Decision Support System (DSS) of Forest Survey of India(FSI). Taking up with FSI so that
operators can get the advantage in mapping the forest area in their block.
A framework is being formulated in conjunction with Ministry of Earth sciences for simplification of process of
clearance in EEZ/ beyond 12 NM
Empowered Coordination committee (ECC) meeting being held at regular interval for resolution of pending
projects and policy matters.
Regular interaction with State governments for fast-tracking clearances.
Recent Development / Taken up with MoEFCC
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Reference Documents for Supplementary Information
Handbook of guidelines for effective and transparent implementation of the provision of Forest
(Conservation) Act, 1980 issued by MoEF&CC in March, 2019
List of accredited consultants for preparation of EIA report available on portal of Quality Counsel of India
(QCI)
Circular of MoEFCC dated 22nd May, 2019 regarding Special consideration of compensatory afforestation in
forest rich States
Tracking of status of proposal on PARIVESH portal of MoEFCC
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Thank you