Processes For Environment Related...

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Processes For Environment Related Clearances June, 2020

Transcript of Processes For Environment Related...

  • Processes For Environment Related Clearances

    June, 2020

  • 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

  • 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.

  • 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

    1

    2

    3

    4

    5

    6

    QCI/NABET authorised Consultants7

  • 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.

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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)

  • 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

  • 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

  • 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

  • Thank you