Env clearence validity

[sanjeev sharma]

Can anyone clarify me that in case of construction & township project, Env clearence validity is 5 yrs. is it necessary for proponent to complete the project for which the conditional EC granted in 5 yrs or if any PP starts construction & expend money as commited in EMP for env cost is enough to avoid extension of Env clearence validity ??

[Harendra Tomar]

As per my understanding the EC is being granted with validity of 5 years for completion of project (project activities) not to invest in commited EMP. If, project not completed, PP have to renew the EC.

[sanjeev sharma]

Thank you sir FYI

Harendra Tomar said:

As per my understanding the EC is being granted with validity of 5 years for completion of project (project activities) not to invest in commited EMP. If, project not completed, PP have to renew the EC.

[Ratnakar Pandey]

I agree with my collegue harendra & would like to ad one more thing,Nowdays EAC and most of the SEACs became more stringent & not renewing EC for building & township projects once  its valadity expires & asking proponent for fresh EIA study & appraisal.

[Dr. Amitosh Verma]

Please refer section 9 of EIA 2006

9. Validity of Environmental Clearance (EC):

The “Validity of Environmental Clearance” is meant the period from which a prior

environmental clearance is granted by the regulatory authority, or may be presumed by the

applicant to have been granted under sub paragraph (iv) of paragraph 7 above, to the start of

production operations by the project or activity, or completion of all construction operations in case of construction projects (item 8 of the Schedule), to which the application for prior environmental clearance refers. 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. However, in the case of Area Development projects and Townships [item 8(b)], the validity period shall be limited only to such activities as may be the responsibility of the applicant as a developer. This period of validity may be extended by the regulatory authority concerned by a maximum period of five years provided an application is made to the regulatory authority by the applicant within the validity period, together with an updated Form 1, and Supplementary Form 1A, for Construction projects or activities (item 8 of the Schedule). In this regard the regulatory authority may also consult the Expert Appraisal Committee or State Level Expert Appraisal Committee as the case may be.

[Ratnakar Pandey]

Known, but in practice it is not being followed by several SEACs saying that within five year so and so things have been changed,thats why you need to come with fresh study, we have two-three live example in this regard.

Dr. Amitosh Verma said:

Please refer section 9 of EIA 2006

9. Validity of Environmental Clearance (EC):

The “Validity of Environmental Clearance” is meant the period from which a prior

environmental clearance is granted by the regulatory authority, or may be presumed by the

applicant to have been granted under sub paragraph (iv) of paragraph 7 above, to the start of

production operations by the project or activity, or completion of all construction operations in case of construction projects (item 8 of the Schedule), to which the application for prior environmental clearance refers. 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. However, in the case of Area Development projects and Townships [item 8(b)], the validity period shall be limited only to such activities as may be the responsibility of the applicant as a developer. This period of validity may be extended by the regulatory authority concerned by a maximum period of five years provided an application is made to the regulatory authority by the applicant within the validity period, together with an updated Form 1, and Supplementary Form 1A, for Construction projects or activities (item 8 of the Schedule). In this regard the regulatory authority may also consult the Expert Appraisal Committee or State Level Expert Appraisal Committee as the case may be.