Environment Clearance is the procedure used to assess the impact of a project that will be developed and operated by the Gujarat State-level Environment Impact Assessment Authority. The Ministry of Environment & Forests (MoEF) has made the Environmental Clearance necessary under the Environment Protection Act of 1986.
GOVERNING LAWS RELATING TO ENVIRONMENTAL CLEARANCE:-
There are numerous environmental restrictions implemented by the Central Government that the Gujarat state is required to observe.
- The Environment Protection Act, 1986
- The Water (Prevention and Control of Pollution) Act, 1974
- The Air (Prevention and Control of Pollution) Act, 1981
- The Factories Act, 1948
- The industries (Development and Regulation) Act, 1951
- The Radiation Protection Rules, 1971
- The Hazardous Waste (Management and Handling) Rules, 1989, as amended in 2016
- The Environment Impact Assessment Notification of 1994, (superseded by 2006)
- Wildlife Protection Act 1972
- Biological Diversity Act 2002
The Gujarat Pollution Control Board (GPCB) is the governing body of the Gujarat State that implements the Central Government's or CPCB's regulations.
The GPCB, Forest & Environment Department, Government of Gujarat, administers rules and levies penalties for violations of existing rules and regulations.
Individuals who want to start a project or a business, even if they do not intend to harm the environment or living species, must receive approval from the GPCB under the Water and Air Act, EPA 1986. According to the guidelines established under the Environment (Protection) Act of 1986, it is obligatory for those who acquire authorization from the Board to submit a Statement of Environment in the required format by September 30th of each year.
In Gujarat, the Procedure for Obtaining Environmental Clearance:-
Screening: The screening process is carried out for Category B projects. The State-level Expert Appraisal Committee conducts the screening procedure, which determines the project category.
Scoping: This is the approach for Project Categories A and B1. The Central Expert Appraisal Committee (CEAC) for Projects in Category A and the State Level Expert Appraisal Committee (SLEAC) for B1 determine the terms for the EIA report.
Public Hearing: A public hearing is held for projects that are extremely harmful to the environment and fall into Category A or B1. The Public Hearing is held by the District Collector as Chairperson, SPCB personnel, and members of Gramm Sabha or the surrounding area to record the public's objections.
Appraisals: The Environment Appraisal Committee and SLEAC complete the reports and NOCs before submitting them to the Ministry of Environment for clearance.
The rules of Environmental Clearance for Industry or Construction differ depending on the place where it will be developed. It is required to seek Environmental Clearance in particular geographical areas, like as:-
- Beaches, seashores, religious and historic structures
- Archaeological Sites
- Specific Species' Breeding Grounds
- Scenic Areas
- Specific Species Breeding Grounds
- Mountain resorts
- Coastal areas with a high concentration of mangroves
- Gulf areas
- Reserves for the Biosphere
- National Parks and Holy Places
- National Swamps and Lakes
- Geographical and Scientific Interests
- Seismic Zones
- Tribal Agreements
The EIA report must be completed in accordance with the TOR used during the scoping stage. The following documents are required:
1. Project Description (Project Name, Location, Water Requirements, Waste Management, Proposed Area, and so on)
2. Signatory Information
3. Specifics on Risk Mitigation
4. Equipment Installation Specifications
5. (If applicable) Test Report
6. Site Design/Planning
7. Water and electricity connection information
Conditions for Obtaining Environmental CLAERANCE:-
The Project Proponent (PP) will receive an Environmental Clearance in accordance with the Environmental Impact Assessment (EIA) Notification 2006 and the amendment made on January 16, 2020, determining whether or not they can perform their operations in the Specified area.
The Company/Project must adhere to the CPCB/GPCB standard for the treatment of effluent and wastewater, or a separate drainage system for liquid waste must be operated to avoid polluting groundwater, rivers, coastal areas, or the surrounding environment, and any contaminated liquid waste must be prevented from running off into nearby water.
Environmental Clearance Requirements:-
- The Project Proponent (PP) will receive an Environmental Clearance based on the Environmental Impact Assessment (EIA) Notification 2006 and the amendment issued on January 16, 2020, determining whether or not they can perform their operations in the Specified area.
- The Company/Project must adhere to the CPCB/GPCB standard for the treatment of effluent and wastewater, or a separate drainage system for liquid waste must be operated to avoid polluting groundwater, rivers, coastal areas, or the surrounding environment, and any contaminated liquid waste must be prevented from running off into nearby water bodies.
- The disposal of waste must be done in accordance with the rules and regulations established by the HWMH rule, 2016. According to this, no effluent mud/residue shall be discharged into neighboring surface water bodies. According to the notification GSR 546 of August 20, 2005, there must be specific waste management so that the disposal of solid waste and fluids offshore and onshore is carefully adhered to.
- Adoption of proven technologies for waste avoidance and mitigation is required, and recyclable garbage must be disposed of at an authorized recycling facility.
- The Project Proponent shall not dig a bore well for fresh water requirements.
- The Project Proponents (PP) must maintain total Zero Liquid Discharge (ZLD) at all times, and the drainage system must be removed from the PP's premises.
- The PP must conform to the National Ambient Air Quality Standard published by the Ministry in G SR. No. 826 (E) dated November 16, 2009.
- The Project Proponent must adhere to GPCB's location-specific policies regarding pollutant discharge and must carry out the Project in the same manner.
- The PP must follow the criteria and requirements established by the GPCB, the State Government, and any other statutory bodies.
- The existing Environmental manual, as well as other initiatives, will be used to raise awareness at all levels of management. Furthermore, environmental monitoring will be carried out on the Project site.
False information or concealing of facts, as well as incorrect data entry, may result in the withdrawal of this clearance and prosecution under the terms of the Environmental Protection Act of 1986. They must follow all Gujarat pollution control board regulations the clearance.
False and deceptive document submissions related to the screening, scoping, assessment, or determination on the application result in the cancellation of the environmental clearance.