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Environmental Clearance

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Get Online Environmental Clearance in India

Environmental clearance is a procedure that involves obtaining government clearance for certain projects that can cause significant environmental impacts or pollution. It is mandatory to get environmental clearance for projects that fall under the categories specified in the Environmental Impact Assessment (EIA) Notification, 2006. The main purpose of environmental clearance is to assess the environmental impacts of the proposed project and to ensure that the project is environmentally sound and sustainable.

Get Online Environmental Clearance in India

Get Online Environmental Clearance in India

Applicable Rules / Acts / Regulations

Environmental clearance is governed by various national and international laws, regulations, standards, and guidelines, such as:

Applicable Rules/Acts/Regulations

1 : The Environment (Protection) Act, 1986

2 : The National Green Tribunal Act, 2010

3 : The Environmental Impact Assessment Notification, 2006

4 : The CRZ Notification, 2011

5 : The Forest (Conservation) Act, 1980

6 : The Wildlife (Protection) Act, 1972

7 : The Biological Diversity Act, 2002

8 : The Convention on Biological Diversity, 1992

9 : The Ramsar Convention on Wetlands, 1971

10 : The World Heritage Convention, 1972

Eligibility / Pre-Licensing / Mandatory Pre-Requisites

Any project proponent, whether individual or organization, can avail our environmental clearance services, provided that:

1 : The project falls under one of the categories specified in the EIA Notification, 2006, such as mining, thermal power, river valley, infrastructure, industrial estates, etc.

2 : The project has a valid registration or license to operate in India.

3 : The project has the necessary documents and information to demonstrate its feasibility, viability, and sustainability.

4 : The project has the consent and cooperation of the local people and other stakeholders who might be affected by the project.

Eligibility/Pre-Licensing/Mandatory Pre-Requisites

Different types of Environmental Clearance services we offer

Different types of Environmental Clearance services we offer

Different types of Environmental Clearance services

1 : Prior environmental clearance: This is the service for projects that require environmental clearance before the start of any construction work or land preparation, as per the EIA Notification, 2006. This service involves the stages of screening, scoping, application, public consultation, appraisal, and grant or rejection of the environmental clearance.

2 : Environmental clearance for expansion or modernization: This is the service for projects that involve expansion or modernization of the existing capacity or activity, and that require environmental clearance for the same, as per the EIA Notification, 2006. This service involves the stages of screening, application, appraisal, and grant or rejection of the environmental clearance.

3 : Environmental clearance for change in scope or product mix: This is the service for projects that involve change in scope or product mix of the existing capacity or activity, and that require environmental clearance for the same, as per the EIA Notification, 2006. This service involves the stages of screening, application, appraisal, and grant or rejection of the environmental clearance.

4 : Transfer of environmental clearance: This is the service for projects that involve transfer of the environmental clearance from one project proponent to another, due to change in ownership or management, as per the EIA Notification, 2006. This service involves the stages of application, appraisal, and grant or rejection of the transfer of the environmental clearance.

Documents Required for Environmental Clearance

The documents required for environmental clearance may vary depending on the type, category, and stage of the project. However, some of the common documents that are usually needed for environmental clearance are:

1: Project profile and feasibility report, which contains the details of the project, such as location, land, water, power, raw materials, products, processes, technology, capital, employment, etc.

2: EIA report, which contains the details of the environmental impacts of the project, such as baseline data, impact prediction, impact assessment, impact mitigation, environmental management plan, risk assessment, etc.

3: Public consultation report, which contains the details of the public consultation and hearing, such as public notice, EIA summary, public comments and suggestions, public hearing proceedings, action taken report, etc.

4: NOC or consent from the State Pollution Control Board (SPCB) or the Pollution Control Committee (PCC), which indicate the compliance of the project with the pollution control norms and standards.

5: Clearance or approval from other authorities, such as forest clearance, wildlife clearance, CRZ clearance, heritage clearance, etc., if applicable to the project.

6: Affidavit or undertaking, which declare the authenticity and accuracy of the documents and information submitted by the project proponent.

Documents Required for Environmental Clearance

Procedure to get Environmental Clearance

Procedural timeline of the service involved in obtaining environmental clearance is as follows:

Procedure to get Environmental Clearance

1 : The proponent submits the application along with the relevant documents and information to the MoEFCC or the SEIAA depending on the category and location of the project or activity.

2 : The MoEFCC or the SEIAA forwards the application to the EAC or the SEAC for screening and scoping. The EAC or the SEAC screens the application and the pre-feasibility report or the project report and issues the TOR for the EIA study within 30 days of the receipt of the application. The TOR is required only for Category A and B1 projects.

3 : The proponent conducts the EIA study as per the TOR and prepares the EIA report and the EMP. The EIA study and the EIA report are required only for Category A and B1 projects.

4 : The proponent submits the EIA report and the EMP to the MoEFCC or the SEIAA and publishes the advertisement or notice for inviting public comments or objections on the proposed project or activity. The EIA report and the EMP are required only for Category A and B1 projects.

5 : The District Collector or the District Magistrate or the Deputy Commissioner or the Additional District Magistrate or the Sub-Divisional Magistrate or the Sub-Divisional Officer or the Additional Deputy Commissioner or the Tehsildar or the Block Development Officer or the District Forest Officer or the District Environment Officer or any other officer designated by the State Pollution Control Board or the Pollution Control Committee or the Union Territory Administration conducts the public hearing or public consultation meeting within 45 days of the receipt of the request from the proponent. The public hearing or public consultation meeting is required for all Category A and B projects.

6 : The proponent submits the minutes of the public hearing or public consultation meeting to the MoEFCC or the SEIAA. The MoEFCC or the SEIAA forwards the minutes to the EAC or the SEAC for appraisal. The EAC or the SEAC appraises the application and the EIA report or the CRZ map and the minutes of the public hearing or public consultation meeting and makes its recommendations or comments to the MoEFCC or the SEIAA within 60 days of the receipt of the minutes. The EAC or the SEAC is required for all Category A and B projects.

7 : The MoEFCC or the SEIAA considers the recommendations or comments of the EAC or the SEAC and grants or rejects the EC or the CRZC or both to the proponent within 45 days of the receipt of the recommendations or comments. The MoEFCC or the SEIAA also communicates the decision to the proponent and the concerned regulatory authority and displays the decision on its website. The EC or the CRZC or both are required for all Category A and B projects.

Cancellation / Validity / Renewal of the Environment Clearance Certificate

The cancellation, validity and renewal of the service involved in obtaining environmental clearance are as follows:

1 : Cancellation: The MoEFCC or the SEIAA may cancel the EC or the CRZC or both granted to the proponent if it is found that the proponent has violated any of the terms and conditions of the EC or the CRZC or both or has furnished false or misleading information or documents or has concealed any material fact or information. The MoEFCC or the SEIAA may also cancel the EC or the CRZC or both if it is found that the project or activity has caused or is likely to cause unacceptable adverse impacts on the environment or the public health or the safety or the welfare. The MoEFCC or the SEIAA may cancel the EC or the CRZC or both after giving a reasonable opportunity of being heard to the proponent and after recording the reasons for such cancellation in writing. The MoEFCC or the SEIAA may also impose a penalty or take any other legal action against the proponent for such violation or misrepresentation or concealment or impact.

2 : Validity: The EC or the CRZC or both granted to the proponent are valid for a period of five years from the date of their commencement. The commencement of the project or activity means the date of start of the construction or site preparation work or the date of issue of the EC or the CRZC or both, whichever is earlier. The validity of the EC or the CRZC or both may be extended for a further period of three years by the MoEFCC or the SEIAA subject to the satisfactory performance of the proponent and the compliance with the terms and conditions of the EC or the CRZC or both and the applicable laws and regulations.

3 : Renewal: The proponent may apply for the renewal of the EC or the CRZC or both at least six months before the expiry of their validity. The proponent should submit the application for renewal along with the relevant documents and information to the MoEFCC or the SEIAA depending on the category and location of the project or activity. The application for renewal should contain the details of the project or activity such as the name and address of the proponent, the location and extent of the land, the nature and magnitude of the project or activity, the sources and quantities of raw materials, water and energy, the mode and means of transportation, the expected emissions and effluents, the implemented and proposed mitigation measures and environmental management plan, the cost and benefits of the project or activity, the public consultation process and the outcome, and the compliance with the terms and conditions of the EC or the CRZC or both and the applicable laws and regulations. The application for renewal should also be accompanied by the following documents:

1 : A copy of the EC or the CRZC or both granted to the proponent along with the terms and conditions imposed by the MoEFCC or the SEIAA.

2 : A copy of the environmental audit report or the environmental compliance report or the environmental statement or the environmental impact assessment report or the environmental management plan or any other document that indicates the performance and compliance of the proponent with respect to the environmental aspects of the project or activity. The document should be prepared as per the guidelines and formats issued by the MoEFCC or the SEIAA or the concerned regulatory authority.

3 : A copy of the consent to establish or the consent to operate or the authorization or the registration or the license or any other document that indicates the approval of the concerned regulatory authority for the establishment or operation or handling or disposal of the project or activity or the environmental pollutants or the hazardous substances involved in the project or activity.

4 : A copy of the monitoring report or the inspection report or the show cause notice or the closure notice or the direction or the order or any other document that indicates the action taken by the concerned regulatory authority or the MoEFCC or the SEIAA or the EAC or the SEAC or the court or the tribunal or any other competent authority against the proponent for any violation or non-compliance or impact related to the environmental aspects of the project or activity.

5 : Any other document or information that may be required by the MoEFCC or the SEIAA or the EAC or the SEAC or the concerned regulatory authority for the appraisal of the application for renewal.

The MoEFCC or the SEIAA may renew the EC or the CRZC or both granted to the proponent subject to the satisfactory performance of the proponent and the compliance with the terms and conditions of the EC or the CRZC or both and the applicable laws and regulations. The MoEFCC or the SEIAA may also modify or amend or revoke the terms and conditions of the EC or the CRZC or both or impose new terms and conditions or reject the application for renewal after giving a reasonable opportunity of being heard to the proponent and after recording the reasons for such decision in writing. The MoEFCC or the SEIAA may also impose a penalty or take any other legal action against the proponent for any violation or non-compliance, or impact related to the environmental aspects of the project or activity. The MoEFCC or the SEIAA may renew the EC or the CRZC or both for a further period of five years from the date of their expiry and communicate the decision to the proponent and the concerned regulatory authority and display the decision on its website. The renewal of the EC or the CRZC or both is required for all Category A and B projects and is a part of the environmental clearance process.

Procedure to get Environmental Clearance

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FAQs

What is environmental clearance?

Environmental clearance is a regulatory process that assesses the potential environmental impact of a proposed project before it is approved, ensuring compliance with environmental regulations.

Why is environmental clearance necessary for projects?

Environmental clearance is crucial to identify and mitigate potential adverse environmental effects, promoting sustainable development and minimizing ecological harm.

Who grants environmental clearance for projects?

Environmental clearances are typically granted by designated regulatory bodies or environmental agencies at the national or local level, depending on the jurisdiction.

When should the application for environmental clearance be submitted?

The application for environmental clearance should be submitted at the early stages of project planning to integrate environmental considerations into the decision-making process.

What factors are considered during the environmental clearance process?

The environmental clearance process evaluates factors such as the project’s impact on air and water quality, biodiversity, soil health, and the overall ecosystem, among other environmental aspects.

How long does it take to obtain environmental clearance?

The time frame for obtaining environmental clearance varies, but it generally involves a thorough review process, including public consultations, and may take several months depending on the complexity of the project.

Is public participation a part of the environmental clearance process?

Yes, public participation is often a crucial component of the environmental clearance process, allowing stakeholders and the community to express their concerns and opinions.

What happens if a project is initiated without obtaining environmental clearance?

Initiating a project without environmental clearance is a violation of regulations and may lead to legal consequences, fines, or even project suspension until proper clearance is obtained.

Can conditions be attached to the environmental clearance?

Yes, environmental clearances often come with conditions and safeguards to ensure that the project adheres to specified environmental standards and minimizes its impact on the ecosystem.

Is environmental clearance a one-time process for a project?

Environmental clearance may be required at different stages of a project, especially if there are significant modifications or expansions. Regular compliance checks may also be conducted during and after project implementation to ensure ongoing adherence to environmental standards.