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ec.maharashtra.gov.in Environment Clearance Procedure

Organisation : Environment Department Maharashtra
Facility :Environment Clearance Procedure

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Environment Clearance Procedure

An environmental impact assessment (EIA) is an assessment of the possible impactpositive or negative-that a proposed project may have on the environment, together consisting of the natural, social and economic aspects.

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Its purpose is to identify, examine, assess and evaluate the likely and probable impacts of a proposed project on the environment and, thereby, to work out remedial action plans to minimize adverse impact on the environment. It is an important management tool for ensuring the justified use of natural resources during developmental process. The Ministry of Environment Forests (MoEF) New Delhi has issued the Environmental Impact Assessment Notification on 14th September, 2006, which makes prior environmental clearance mandatory for the development activities listed in its schedule.

Prior Environmental Clearance Procedure :
Step 1 Application for prior Environmental Clearance :
The following projects or activities requires prior environmental clearance from the concerned regulatory authority, before starting any construction work, or preparation of land by the project management (except fencing the land).
1. All new projects or activities listed in the Schedule of EIA notification, 2006 (refer Annexure I);
2. Expansion and modernization of existing projects or activities listed in the Schedule with addition of capacity beyond the threshold limits specified for the concerned sector;
3. Any change in product – mix in an existing manufacturing unit included in Schedule beyond the specified range.

Step 2 Project Appraisal at SEAC :
Received applications are processed by SEAC in 4 stages viz. Screening, Scoping, Public Consultation & Appraisal. After appraising, the SEAC recommends the project to SEIAA, along with its suggestions about issuing ‘Environmental Clearance’ or rejecting the application.

The detail procedure followed during these 4 stages is as below : Stage (1) – Screening:
This stage involves the scrutiny of application by SEAC for Category ‘B’ projects or activities. SEAC determines whether or not the project or activity requires further environmental studies for preparation of an Environmental Impact Assessment (EIA), depending upon the nature and location specificity of the project.

All Category ‘A’ and Category B1 projects or activities are required to undertake Public Consultation, except the following :
1. Modernization of irrigation projects (item 1(c) (ii) of the Schedule).
2. All projects or activities located within industrial estates or parks (item 7(c) of the Schedule) approved by the concerned authorities, and which are not disallowed in such approvals.
3. Expansion of Roads and Highways (item 7 (f) of the Schedule) which do not involve any further acquisition of land.
4. All Building /Construction/ Area Development projects and Townships (item 8).
5. All Category ‘B2’ projects and activities.
6. All projects or activities concerning national defense and security or involving other strategic considerations as determined by the Central Government.

The Public Consultation is ordinarily comprised of two components :
1. A public hearing at the site or in its close proximity- district wise, to be carried out in the manner prescribed in the notification, for ascertaining concerns of local affected persons;
2. Obtain responses in writing from other concerned persons having a plausible stake in the environmental aspects of the project or activity.

Step 3 Environmental Clearance’ by SEIAA :
A State Level Environment Impact Assessment Authority (SEIAA) is constituted by the Central Government under the Environment (Protection) Act, 1986 for the purpose of the EIA notification. This is the ‘Environmental Clearance’ issuing authority, which scrutinizes the projects appraised by SEAC and gives the final decision on issuing ‘Environmental Clearance’ or rejecting the application.

Specific Condition (SC) :
If any Industrial Estate/Complex / Export processing Zones /Special Economic Zones/Biotech Parks / Leather Complex with homogeneous type of industries such as Items 4(d), 4(f), 5(e), 5(f), or those Industrial estates with pre -defined set of activities (not necessarily homogeneous, obtains prior environmental clearance, individual industries including proposed industrial housing within such estates /complexes will not be required to take prior environmental clearance, so long as the Terms and Conditions for the industrial estate/complex are complied with (Such estates/complexes must have a clearly identified management with the legal responsibility of ensuring adherence to the Terms and Conditions of prior environmental clearance, who may be held responsible for violation of the same throughout the life of the complex/estate).

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