12-08-2016, 07:35 AM
Environment Protection Norms
EIA Notification, 2006
Considering recent developments and to ensure that the economic growth and development in our country is in conformity with regulations for environmental conservation, the Ministry of Environment & Forests has notified the Environmental Impact Assessment Notification, 2006. The environmental clearance (EC) process under implementation prior to 2006 highlighted the need to introduce specific processes /categories/ activities and also the need for new sectors such as coal washery to be brought in the ambit of the EC process due to their extent of impact on environment. The EIA Notification 2006 has notified 39 developmental sectors which require prior EC.
The MoEF has prepared EIA guidelines on each sector as identified by EIA notification 2006, which elaborates the procedure and mandatory requirements of EIA with respect to the sector. For e.g. Manual on norms and standards for environment clearance of large construction projects has been issued by MoEF to assist developers and project proponents measure and quantify environmental impacts of proposed construction, and derive mitigation options to minimise impacts. The manual also enables evaluation of construction projects by the expert appraisal committee. The proponent may use mitigation options, other than the ones described in the manual, to mitigate environmental impacts of respective projects.
Environment Protection Act, 1986
The Environment (Protection) Act was enacted in 1986 with the objective of providing for the protection and improvement of the environment. It empowers the Central Government to establish authorities [under section 3(3)] charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country. The Act was last amended in 1991.
The various statuary obligations for different clearances are mentioned in table below:
Forest Conservation Act, 1980
Due to rising rate of deforestation and the resulting environmental degradation, the Central Government enacted the Forest (conservation) Act in 1980. The Act prohibits the deletion of a reserved forest or the diversion of forestland for any non-forest purpose, and prevents the cutting of trees in a forest without the prior approval of the Central government. The salient features of the Act are given below:
This Act has five Sections which deal with conservation of forests.
The Act was enacted with the twin objectives under Section 2 of restricting the use of forest land for non-forest purposes, and preventing the de-reservation of forests that have been reserved under the Indian Forest Act, 1927. However, in 1988 the Act was further amended to include two new provisions under Section 2, where it sought to restrict leasing of forest land to private individuals, authority, corporations not owned by the Government, and to prevent clear felling of naturally grown trees.
The Act empowers the Central Government to constitute a committee to advise the Government with a grant of approval under Section 2, as also on any other matter connected with the conservation of forest and referred to it by the Central Government.
The Act provides for punishment of offenders from the Government Departments, including Head of the Departments and authorities.
Coastal Regulation Zone, 2011
Central Government declared the following areas as CRZ and imposed restrictions on the setting up and expansion of industries, operations or processes and the like in the CRZ through the Coastal Regulation Zone Notification, 2011:
Eco‐Sensitive Zones
Wild Life Protection Act, 1972 gave provision for the creation of National Parks, Sanctuaries and Closed Area. Further, for the purpose of buffers around these protected areas as shock absorber, Eco‐sensitive Zones were declared. Eco‐sensitive Zones would also act as transition zone from areas of high protection to areas involving lesser protection. The activities in the eco‐sensitive zones are regulatory in nature rather than prohibitive nature.
Guidelines for the Declaration of Eco‐sensitive Zones around National Parks and Wildlife Sanctuaries 2011
EIA Notification, 2006
Considering recent developments and to ensure that the economic growth and development in our country is in conformity with regulations for environmental conservation, the Ministry of Environment & Forests has notified the Environmental Impact Assessment Notification, 2006. The environmental clearance (EC) process under implementation prior to 2006 highlighted the need to introduce specific processes /categories/ activities and also the need for new sectors such as coal washery to be brought in the ambit of the EC process due to their extent of impact on environment. The EIA Notification 2006 has notified 39 developmental sectors which require prior EC.
The MoEF has prepared EIA guidelines on each sector as identified by EIA notification 2006, which elaborates the procedure and mandatory requirements of EIA with respect to the sector. For e.g. Manual on norms and standards for environment clearance of large construction projects has been issued by MoEF to assist developers and project proponents measure and quantify environmental impacts of proposed construction, and derive mitigation options to minimise impacts. The manual also enables evaluation of construction projects by the expert appraisal committee. The proponent may use mitigation options, other than the ones described in the manual, to mitigate environmental impacts of respective projects.
Environment Protection Act, 1986
The Environment (Protection) Act was enacted in 1986 with the objective of providing for the protection and improvement of the environment. It empowers the Central Government to establish authorities [under section 3(3)] charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country. The Act was last amended in 1991.
- The Environment (Protection) Act, 1986 authorizes the central government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial facility on environmental grounds. The Environment (Protection) Act was enacted in 1986 with the objective of providing for the protection and improvement of the environment. It empowers the Central Government to establish authorities charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country. The Act was last amended in 1991.
- The Environment (Protection) Rules lay down procedures for setting standards of emission or discharge of environmental pollutants. Alongwith the rules as identified in EPA 1986, The Air (Prevention and Control of Pollution) Act, 1981 and the Noise-Pollution (Regulation and Control) Rules, 2000 should also be referred to formulate norms and standards while preparing development plan for a city.
The various statuary obligations for different clearances are mentioned in table below:
Forest Conservation Act, 1980
Due to rising rate of deforestation and the resulting environmental degradation, the Central Government enacted the Forest (conservation) Act in 1980. The Act prohibits the deletion of a reserved forest or the diversion of forestland for any non-forest purpose, and prevents the cutting of trees in a forest without the prior approval of the Central government. The salient features of the Act are given below:
This Act has five Sections which deal with conservation of forests.
The Act was enacted with the twin objectives under Section 2 of restricting the use of forest land for non-forest purposes, and preventing the de-reservation of forests that have been reserved under the Indian Forest Act, 1927. However, in 1988 the Act was further amended to include two new provisions under Section 2, where it sought to restrict leasing of forest land to private individuals, authority, corporations not owned by the Government, and to prevent clear felling of naturally grown trees.
The Act empowers the Central Government to constitute a committee to advise the Government with a grant of approval under Section 2, as also on any other matter connected with the conservation of forest and referred to it by the Central Government.
The Act provides for punishment of offenders from the Government Departments, including Head of the Departments and authorities.
Coastal Regulation Zone, 2011
Central Government declared the following areas as CRZ and imposed restrictions on the setting up and expansion of industries, operations or processes and the like in the CRZ through the Coastal Regulation Zone Notification, 2011:
Eco‐Sensitive Zones
Wild Life Protection Act, 1972 gave provision for the creation of National Parks, Sanctuaries and Closed Area. Further, for the purpose of buffers around these protected areas as shock absorber, Eco‐sensitive Zones were declared. Eco‐sensitive Zones would also act as transition zone from areas of high protection to areas involving lesser protection. The activities in the eco‐sensitive zones are regulatory in nature rather than prohibitive nature.
Guidelines for the Declaration of Eco‐sensitive Zones around National Parks and Wildlife Sanctuaries 2011