New Delhi: This week, The Union Ministry of Environment, Forest and Climate Change made a series of changes to the environmental clearance process to allow for development projects. It also proposed to exempt other projects from its purview completely, which caused concern among environmentalists.
These changes and propositions were made by two notifications and two memorandums of office. Between 11 and 12 April. One of the notifications is a draft amendment open for public feedback.
For 39 types of developmental projects, including mining, hydropower, and thermal power, environmental clearance (EC) must be done. The process is described in the Environmental Impact Assessment (EIA), notification from 2006.
However, experts ThePrint spoke to were of the view that the Centre’s new rules and proposed changes give project proponents more time and leeway to implement and expand their operations, which could chip away at the integrity of the clearance process.
They also pointed out some of these changes are similar in nature to those found within the draft EIA notice of 2020. This document was intended to replace the EIA notification of 2006. However, it has not yet seen the light. BacklashIt was well received. Over 17 lakh comments and suggestions were made to the document about how to amend the environmental clearance process. This included drastic changes such ex-post facto clearances for certain projects.
The Centre has yet to respond to the comments received on the 2020 draft EIA notice. However, researchers told ThePrint that some of the ideas that were pursued by the government two years ago are being reintroduced with the incremental changes proposed this Week.
ThePrint reached out to a spokesperson from the Ministry of Environment via email. If and when they respond, this report will be updated.
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Proposed change: Exempting strategic roads
The environment ministry proposed that highway projects that would benefit India’s strategic interests be exempted from the environmental clearance process in a draft notification.
The government noted in the notification that such projects are sensitive and should be executed on priority, keeping in mind security, defense, and strategic considerations.
It stated that the ministry considers it necessary for such projects to be exempted from the requirement of EC.
The notification also stated that project developers should adhere to a set standards to protect the environment. The National Board for Wildlife, which grants wildlife clearances, also approved the construction roads in border areas that have wildlife sanctuaries for strategic importance.
The same notification also suggested that 15 MW thermal plants, which primarily use biomass as a fuel and use upto 15% of petrol or coal as an auxiliary, should be allowed the permission to increase their capacity to 25 MW without clearance.
The ministry considers the use of the aforementioned fuel mix to be eco-friendly and has proposed to increase the threshold capacity of such thermal power plants.
It also sought to exempt expansion of ports for fishermen who use less polluting boats, as well as allow the expansion of terminal buildings within airports provided that they don’t occupy more land.
According to the government this would only have minor environmental impacts and can be addressed by including environmental safeguards in the Environmental Management Plan.
Public feedback is welcome for the draft notification for 60 days from its publication date.
The draft Amendment While the exemptions are intended to minimize the impact on the environment, it is not true. This idea that highways and roads in border zones are of strategic importance is an attempt to evade the requirements under the forest clearance and environment clearance processes.Arpitha Kodiveri is a post-doctoral researcher at New York University School of Law. She told ThePrint.
Extended EC validity for nuclear and hydro projects
The ministry issued another notification on 12 April to extend the validity of the environment clearance for hydro and nuclear projects. This is because implementation is often delayed by various issues like geological surprises, delay with forest clearance, land acquisitions, rehabilitation and resettlement, and so forth.
Environment clearance for such projects is typically valid for 10 years. According to the new notification, EC will now last for river valley projects for 13 years, and for nuclear projects for for 15 years.
It also said that mining leases are granted for up 50 years under the Mines and mineral (Development and Regulation Act, 1957. This means that EC for similar projects should be aligned to this timeframe. EC validity is typically 30 years for mining leases. This notification extends it to an additional 20 years if necessary.
The extension of the gestation period for projects once they have been granted environmental clearance does not necessarily impact project outcomes. Project operationalization depends on other approvals, securing finance, and many other conditions. Kanchi Kohli, legal researcher at the Centre for Policy Research, said that it is important to understand economic viability in order to determine why projects take so long to implement.
It is ironic, she added, that the extension to EC validity is being granted based on geological surprises. These are taken into account before the EC is granted.
If large projects are on forest land and require clearing, such as the case with several hydropower projects, Office memorandumThe 11 April statement stated that they would also extend the EC validity up to two more years.
According to the memorandum the reason is that implementation of such projects is often delayed due to inability to obtain stage 2 forest clearance (FC). Award to projects that meet the conditions of stage one clearance Before the EC validity runs out.
To justify this difference, the government stated that the EC validity period shall start from the date of stage two FC grant or a maximum of two years, whichever comes first.
They appear to be using the gestation period as a way to allow project proponents to deal with other issues like land acquisition so that they don’t have to go through the EC process all over again. Kodiveri said that there is a subtle indication that FC will also be granted if EC is granted.
During the project’s lifecycle, certain changes could occur to the ecosystem. How can we account for climate change if we assume that the environmental impact will remain the same over the next 13 to 15 years? She was curious.
Increasing production capacity without EC
In AnotherA memorandum of the government dated April 11th, introduced a guideline that allows existing projects to increase production capacity by up 50 percent without the need to hold another public hearing.
These conditions include, among others, no additional land acquisition or forest diverting, and no reduction in the surrounding green belt. The public consultation is required for existing projects that aim to increase production capacity by up to 40%. Concerns raised by those affected can be a problem It will not be necessary to do so again.
Only projects that increase production capacity between 40 and 50 percent will have to go back to the public hearing, the memorandum stated.
The Draft EIA 2020Another similar provision provided that existing projects aiming to increase production by as much as 50% were exempted form the public hearing process.
The public consultation process for the 2020 draft EIA notification was completed. However, it is concerning that the same ideas are being introduced through office memorandums and amendments without public notice. This restricts public debate. It makes it easier for project developers to get environmental clearance, but it doesn’t adequately consider long-term impacts on environment, Krithika dinesh, an independent lawyer, and researcher, told ThePrint.
(Edited By Gitanjali Die)
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