An Overview of Environmental Clearance (EC)
Environmental clearance (EC) refers to the process of acquiring government approval for the installation and notification (amendment) of specified projects. The Ministry of Environment, Forest and Climate Change is the authority that grants Environmental Clearance to projects classified as Category A, whereas the State Environmental Impact Assessment Authority provides EC to projects classified as Category B on the state level.
Every project proponent is required to get an Environmental Clearance Certificate before preparing any land for site work. Furthermore, they must take a decision on an EC clearance case within 105 days immediately after the submission of the final environmental impact assessment and environment management plan report to the Ministry of Environment, Forest and Climate Change.
Worried about getting the environmental clearance for your venture? Book an appointment with our environmental consultants today and let our experts file application for environmental clearance and provide end-to-end assistance.
Importance of Public Hearing in Environmental Clearance
A public hearing is considered the key component for obtaining environmental clearance. The term public consultation refers to the procedure by which residents' concerns about adverse effects are considered in the EIA research. The importance of public hearings conducted through the State Pollution Control Board (SPCB) or the District Environmental Impact Assessment Authority (DEIAA) is highlighted below:
1. Guarantees transparent decision-making
2. Promotes public participation in decision-making procedure
3. Gain understanding of possible effects of projects
4. Enhance project design
5. Incorporates/suggests mitigation measures to regulate potential environmental effects
6. Improve the project’s design and guarantee its social acceptability
Benefits of Environmental Clearance Online
The benefits of obtaining environmental clearance online (i.e., EC clearance certificate) are as discussed below:
1. Maintains Equilibrium
EC ensures maintaining an equilibrium between economic development and environmental protection before a project’s initiation.
2. Improve Environmental Performance
Environmental clearance ensures improved environmental performance and sustainable development through the implementation of balanced economic, social, and environmental considerations.
3. Enhance Compliance
EC ensures compliance with environmental laws and regulations, which further assists in preventing environmental violations and minimizes the risk of legal disputes related to environmental issues.
4. Strengthens Public Participation
The environmental clearance process strengthens active public participation through transparent and accountable decision-making based on public hearings.
5. Economic Benefits
The environmental clearance process provides several economic benefits, including promoting sustainable development and ensuring the long-term viability of development projects.
6. Resource Conservation
EC is necessary to assist in environmental protection and resource conservation from the potential adverse impacts of the development projects.
Projects Requiring Prior EC Clearance Certificate
The list of projects/industrial activities requiring prior EC clearance certificate from the concerned regulatory authority is as discussed below:
Checklist for Projects/Industrial Activities
1. Mining Activities/Projects:
The project/activities associated with the mining of minerals like extraction of natural resources such as oil and mining of minerals.
2. River Valley Projects:
The projects generating more than 50 Mega Watts of hydroelectric power or more than 10,000 hectares of culturable command area.
3. Crude Oil Refining Projects:
All the projects/activities associated with offshore and onshore exploration, refining, development, and production of crude oil and gas.
4. Thermal and Nuclear Power Projects:
All the projects associated with the generation of thermal power (using coal, lignite, pet coke, diesel), nuclear energy, and processing of nuclear fuel.
5. Primary Processing Projects:
The projects/activities associated with the primary processing of coal washeries, mineral beneficiation producing more than 0.1-1 million tons/annum throughput of coal or mineral.
6. Materials Production & Processing Projects:
All projects dealing with materials production and processing, including the metallurgical industry, cement plants, petroleum refining, coke oven plants, asbestos milling, and the chlor-alkali industry.
7. Service Sectors:
All projects aligned with oil and gas transportation pipelines that pass through national parks/sanctuaries/ecologically sensitive areas and involve the isolated storage and handling of hazardous chemicals, among other things.
8. Manufacturing and Fabrication Activities:
All the projects dealing with chemical fertilizers, pesticide-specific intermediaries, petrochemical complexes, synthetic organic chemicals industry, sugar industry, and so on.
9. Projects Dealing with Physical Infrastructure:
All projects dealing with physical infrastructure, including environmental services like airports, shipbreaking yards, industrial estates, highways, parks, export processing zones, etc.
10. Construction and Development Projects:
All development projects associated with building, construction, township, and area development projects are also included.
Checklist for Availing Environmental Clearance Online
1. For all projects if listed under categories specified in the EIA Notification, 2006.
2. If the project has a valid registration/license to operate in India.
3. If the project has necessary documents/information to demonstrate its feasibility, viability, and sustainability.
4. If the project has the consent and cooperation of local people and other stakeholders affected by the project.
Document for Environmental Clearance
The document for environmental clearance may vary depending on the project's nature, scope, and scale. However, some of the commonly required documents include the following:
1. over Letter
2. Project Proposal/Feasibility Project
3. Environmental Impact Assessment (EIA) Report
4. Site Plan and Maps (Details of Land Acquired for the Project)
5. Consent from Local Authorities
6. Details of the Project Proponent
7. Public Hearing Report
8. Environmental Management Plan (EMP)
9. Registered Address Proof of Company/Organization/User Agency
10. Complete Details of the Person Making the Application
11. ToR (Terms of Reference) or Previous EC and Certified Compliance (if Applicable)
12. Additional Information (if any)
Step-by-Step Process for Environmental Clearance in India
The step-by-step process for obtaining an environmental clearance in India varies depending upon the nature, scale, and location of the proposed project.
1. Filing Application for Environmental Clearance
An application for environmental clearance must be filed in all cases, as required in Form 1, along with Supplementary Form 1A (Appendix II). This application for environmental clearance should be filed immediately after identifying the prospective site(s) for the relevant projects or activities.
2. Screening of Application
The next step provides for the conduct of scrutiny/screening of an application filed to the concerned State Level Expert Appraisal Committee (SEAC) for seeking prior EC clearance. Moreover, it ensures determining whether Category B projects/activities require further environmental studies for the preparation of an environmental impact assessment (EIA) report.
3. Scoping of Application
Further, the project proponents are required to prepare/determine and submit scoping documents (Terms of Reference – ToR) outlining the proposed project’s relevant environmental issues and impacts, directly to the State Level Expert Appraisal Committee (SEAC – in case of Category B1 projects) and Expert Appraisal Committee (in case of Category A projects).
4. Public Consultation for the Impact of Project
The project proponents are further required to conduct a public consultation process (including public hearing, stakeholder meeting, and other forms of engagement) for obtaining feedback and opinions from the local community about the proposed project.
5. Appraisal by Expert Appraisal Committee
This stage comprises scrutiny of the application, documents, environmental impact assessment (EIA), the outcome of public consultation by the Expert Appraisal Committee within 60 days from the date of submission of final Environmental Assessment Report and other documents or the receipt of Form 1 and Form 1A.
Mandatory Requirements for Approval of EC Clearance
Requirement for Pre-approval of EC Clearance
1. Forest Clearance NOC under Forest (Conservation) Act, 1980
2. Wildlife Clearance (NBWL) NOC under Wildlife (Protection) Act, 1972
3. CRZ (Coastal Regulation Zone) Clearance issued vide Notification 2011
4. Central Ground Water Authority (CGWA) NOC
5. Fire NOC
6. Forest Certificate showing the distance from the project boundary
7. Airport NOC from the Airport Authority of India for height clearance surrounding the airport
8. NHAI (National Highway Authority of India) Clearance
Post-approval Requirement of EC Clearance
1. Consent to Establishment (CTE)
2. Consent to Operate (CTO)
3. Certified half-yearly EC Compliance Report
4. Green Building Certification (voluntary)
Grant or Rejection, Validity & Transferability
Have a look over the grant or rejection, validity & transferability policies of the environmental clearance certificate:
1. Grant or Rejection of EC Clearance Certificate
The regulatory authority is authorized to either grant or reject the EC clearance certificate within 45 days of the receipt of the recommendations of the Expert Appraisal Committee or State-Level Expert Appraisal Committee.
2. Validity of EC Clearance Certificate
The prior EC clearance certificate granted for a project or activity is valid for a period of 10 years in case of River Valley projects, 30 years for mini projects, and 5 years in case of all other projects and activities.
3. Transferability of EC Clearance Certificate
The prior EC clearance certificate granted for a specific project or activity may be transferred during its validity to another person legally authorized to undertake the project or activity on application by the transferor.
Assessments Involved in Environmental Clearance Process
The assessments involved in the environmental clearance process are mentioned below -
1. Partnership Deed Registration
2. Environmental Impact Assessment (EIA): Facilitating optimal use of natural resources for sustainable development.
3. Social Impact Assessment (SIA): Facilitates the identification, analysis, assessment, and management of potential social impacts of a project, both positive and negative.
4. Environmental Management Assessment (EMA): Facilitates the process of evaluating the likely environmental impacts of a proposed project or development.
5. Risk Assessment: Facilitates identifying hazards that negatively affect an organization’s ability to conduct business.
6. Wildlife Conservation Plan: Facilitates the conservation of critical habitats of endangered wildlife and Schedule-I species along with their scientific management strategy.
7. Hydrological Survey Reports: Studies that determine the availability of groundwater and anticipate aspects of depth to potential aquifers and aquifer availability.
Projects Exempted from Obtaining Environmental Clearance
The industries/sectors/projects having a low risk of environmental pollution are exempted from obtaining an environmental clearance certificate.
1. Highway Projects
The highway projects of defence & strategic importance in border areas, located within 100 km from the Line of Control (LoC) are exempted from obtaining EC before construction.
2. Biomass Based Power Plants
Biomass based power plants including thermal power plants having up to 150 mega-watt capacity to generate non-hazardous municipal solid waste or biomass auxiliary fuels like coal, lignite, or petroleum products.
3. Ports and Harbours Dealing in Fish
Ports and harbours dealing in fish with less pollution potential as compared to others and catering to small fishermen are exempted from obtaining an environmental clearance certificate.
4. Toll Plaza Projects
The toll plazas that require more width for installation of toll collection booths and airport terminal building expansion activities are exempted from obtaining environmental clearance certificate.
5. Exemption for Low-polluting Industries
The low-polluting small and medium-sized industries, based on pollution index (PI) concept are categorized into Green, Orange, and White categories. Only the white categories industries like agro-based, chemical, pharmaceuticals, electronic, food/beverages, leather, plastic, and textile are exempted from obtaining environmental clearance.
Importance of Environment Clearance for Construction Projects
Environment clearance for construction projects is important as it ensures that the construction project meets environmental standards and doesn’t cause any harm to the environment.
Benefits of Environment Clearance for Construction Projects
1. Environmental Impact Assessment: Can identify areas of high ecological importance, which can be protected with regulations.
2. Indoor Environment: A good indoor environment can ensure protection to tenants and assist in keeping serious illnesses at bay.
3. Environment Management Plan: Can assist in minimizing adverse environmental impacts.
4. Recycled Materials: Using recycled materials at the time of construction can reduce waste and safeguard the environment.
Other Benefits
1. Ensure that new projects are developed in a balanced manner.
2. Developing structures that use natural sources of energy, such as the wind, sun, and water, can protect the ecosystem from pollution.
3. Assist in the reduction of project costs and leave no scope for delays.
4. Mitigation is a significant step in the EIA process that recommends actions to avoid potential adverse environmental consequences.
Laws/Regulations Dealing with Environmental Clearance in India
The laws and regulations dealing with the activities associated with environmental clearance in India are listed below:
1. Environmental (Protection) Act, 1986 - amended in 1991
2. Environmental (Protection) Rules, 1986
3. Environmental Impact Assessment Notification, 2006
4. Forest Clearance as per Forest (Conservation) Act, 1980
5. Wildlife Clearance (NBWL) as per Wildlife (Protection) Act, 1972
6. The Biological Diversity Act, 2002
7. The Conservation of Biological Diversity, 1992
8. The Ramsar Convention on Wetlands, 1971
9. The World Heritage Convention, 1972
Reasons to Trust Fastzeal for Obtaining Environmental Clearance
1. Prior Environmental Clearance
We provide services for screening, scoping, application, public consultation, appraisal, and grant or rejection of environmental clearance.
2. 99% Approval Rate
We are maintaining a 99% success rate in securing EC for our clients, the best in the trade.
3. 70% Market Share
Currently, we are leading the game with a strong record of 70% market share in securing environmental clearance in India.
4. Saved 20 Lakh+ Hours of Entrepreneurs
With our proven track record in securing environmental clearance online, we have saved 20,00,000+ hours of entrepreneurs.
5. EC for Expansion or Modernization
We provide services for projects involved in the expansion or modernization of existing capacity or activity that requires EC.
6. Transfer of Environmental Clearance
We ensure the transferability of EC from one project proponent to another.
7. 24/7 Expert Assistance
We provide an unmatched 24/7 expert assistance team, ensuring seamless and swift communication with our clients.
8. Quick and Easy Process
We offer quick, highly-rated, and easy process to access the potential environmental impact of a proposed project before its approval.
9. One-Stop Solution
We provide a one-stop solution for all legal and procedural requirements of EC needed for your business.
10. Documentation Support
We provide support in gathering documentation and critical information required before applying for an environmental clearance certificate.
11. Assists in Public Hearing
We provide assistance in conducting public hearings and other opportunities projecting views of the project affected/impacted applicants.
12. Cost-Effective Environmental Services
Our knowledgeable and experienced personnel manage all environmental initiatives as efficiently and cost-effectively as possible.
Frequently Asked Questions:
The prior environmental clearance certificate granted for a project or activity is valid for a period of 10 years in case of River Valley projects, 30 years for mini projects and 5 years in case of all other projects and activities.
The primary goal of EC is to examine the proposed project's impact on the environment and people and to strive to mitigate or minimise the project's impact on the environment and people.
By enrolling on the Ministry of Environment, Forest and Climate Change website, you may apply for environmental approvals online.
According to the Environmental Impact Assessment Notification published in 2006, with the authorisation of the Ministry of Environment, Forest, and Climate Change, obtaining an EC is deemed essential for both industries and construction-based projects, which might be existing or new projects.
EC is required regardless of the kind of project in environmentally sensitive locations such as coastal areas, wetlands, archaeological sites, international boundary areas, national parks and sanctuaries, places of scientific and geological importance, and so on.
The laws regulating environmental clearance are Environment (Protection) Rules, 1986, Environment Impact Assessment Notification, 2006, Environmental (Protection) Act, 1986, Forest (Conservation) Act, 1980, and Wildlife (Protection) Act, 1972.
Filing of the application, screening of the application, scoping of the application, public consultation regarding the impact, and an appraisal from the Expert Appraisal Committee are some of the crucial steps required for the grant of EC by the Regulating Authority.
Category A projects/ activities are those projects which require approval from the Central Government (MEF), whereas Category B projects/ activities are those projects which require prior EC approval from the State Government (State Pollution Control Board- SPCB)
The 6 stages/ steps of the environmental policy process are scoping, drafting, and EIA report preparation. Public consultation is the third stage, which is the final EIA preparation, assessment, and prior EC grant or refusal.
The Ministry of Environment, Forest and Climate Change (MoEFCC) and the SEIAA, i.e. State Environment Impact Assessment Authority, are authorities responsible for issuing the ec clearance certificate.
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