validity of Environment & CRZ clearance

[DAA]

Dear all,

seeking expert advice on followings;

1.What is validity of EC as per EC notification?if nothing mentioned in EC order.

2. If all projects does not completed in valid period of EC,then What is procedure for getting it renewed?is it same process as that of initial or just need to apply for extension /renewal in formal way.is it Public hearing require for renewal /extension of it?

3.f any industry granted #3 EC in subsequent year for same projects, then how to consider validity? is it from the date of first EC or third EC?

Answers with reference to env laws and or case history are appreciated..

thanks in advance

[Gullapalli Udayabhaksar]

It is 7 years now which will be extended for additional 3 years on application to MoEF justifying requirement of extension.Application for extension to be submitted along with form-1

[PINAKI DASGUPTA]

Hello!

You must consult the EC in question. Normally, the validity is provided in the EC and may be from three to seven years depending on type and size of project. If the project is not commissioned/ constructed within the stipulated time, one must consult the SEIAA of the particular state in which the project falls. 

MoEF & CC has recently launched state portals. You can visit them for more info

Normally, a revised Form-1 and full reasons for the extension as well as with upto date supporting documents need to be submitted

[VIPIN KUMAR SINGH]

1.0 EC for Thermal Power Project is normally for 5 years.

2.0 EC for  Mining Project is 30 years.

3.0 EC for Hydro project is 10 years.

If at given time project is not completed,you will have to approach MoEFCC along with application of extension to EC. They will decide whether PH is required or not.

[Dr. D. Siddaramu]

Hi,

The validity of EC as per EIA, 2006, para 9 is "The prior environmental clearance granted for a project or activity shall be valid for a period of ten years in the case of River Valley projects (item 1(c) of the Schedule), project life as estimated by Expert Appraisal Committee or State Level Expert Appraisal Committee subject to a maximum of thirty years for mining projects and five years in the case of all other projects and activities".

As per the latest NOTIFICATION dated 29th April, 2015 it is "(a) for, the words “and five years in the case of all other projects and activities”, the words “and seven years in the case of all other projects and activities” shall be substituted".

How can you can get 3 ECs for the same project? always the latest holds good.

My opinion you need to put up a renewal application to extend the validity of the EC. For CRZ you can refer the NOTIFICATION dated 12th December, 2012

Always better to get a clarification from the concerned authority SEAC/MoEF as they are the decision makers/regulators.

Please keep me update on this issue

Regards,

[DAA]

thanks sir,

i did not found the said amendment of 29 april 2015. can i have order no of that amendment?

[Dr. D. Siddaramu]

Pls. find attached the said notification for your reference.

Regards,

[DAA]

Sir, Thanks a lot..thats appreciated.thanks again.

[DAA]

Hello, Again, this is to seek more clarity on validity of ECs. As EC was granted in june 2012, which was challenged in NGT,the NGT issued order for abeyance of 6 months, then it was reappraised and issued final EC order in Feb2014. which was again challenged in NGT, and NGT asked for objective reappraisal, EAC again did reappraisal and issued EC order in march 2015. NOw, the question come.

1) what is validity?is it 7 years from first EC,issued in 2012 or 7 years from third EC, issued in 2015?

2) validity is for all projects, which have not been completed?

3) what will be extension further?

4) what will be process of renewal?

kindly, advice further..thanks in advance..