Date: 24th Nov-2018

Amendment in Environment laws at State and Central level and Impact on Building/Township
Projects:

A- Consent to Establish/Consent to Operate:

a. Previous Status/Provisions:
i. As per the Section 25 of Water Act, 1974 and Section 21 of the Air Act,
1981- No person shall without the previous consent of State Board ,
Establish or Operate any industry/operation/process which is likely to
discharge sewer /generate trade effluents
ii. All Industries falling under Category A or Category B of the schedule of EIA
notification are required to take EC from MOEF&CC or SEIAA
b. Status/Provisions now(Letter from Chairman CPCB F.No: B-29012/MSMEs/IPC-
VI/2017-18/12189-12230 dated 2nd Nov-2018:
i. As per the Powers conferred to CPCB under section of 18(1)(b) of Water
Act,1974 and u/s 18(1)(b) of Air Act,1981 following directions is/are issued:
1. For Industries requiring EC, Issuing of Consent by SPCBs/PCCs shall
be one step process and EC will be deemed as CTE in such cases.

Hence if EC is required, CTE is not needed

B-EC Clearance by MOEF/SEIAA:

1. Previous Status/Provisions:
a. All Building Projects requiring Environmental Clearance shall fall in category “B” to
be assessed by SEIAA
b. Category A projects are accorded Clearance by MOEF/Central Government
c. In absence of duly constituted SEIAA or SEAC the Category B Projects shall be
treated as Category A
d. Herein below projects (Construction) were listed in Category B (column 4) and
hence required to take EC

e. General Conditions :
 i. Any Project in the category B shall be treated as A if located in wholly/part
or in 10Km from the boundary of:
1. Protected Area under wild life
2. Critically Polluted Area
3. Notified eco-sensitive area
4. Inter-state boundaries and international boundaries

For Building and Construction project under category 8(a) and 8(b), General
Conditions are not applicable

f. All category B1 project shall require Public Consultation ( removed in recent

notification for building projects)
Public Hearing is exempted for Building and Construction project under category 8(a) and
8(b)

2. Status Now:
a. 14th Nov 2018 notification of MOEF:

b. Implications of above (a) :

i. MOEF delegates the power to the local bodies to ensure the compliances of
the environmental conditions as specified in the appendix in respect of the
building and construction projects with BUA > 20000 Sqm and upto 50000
sqm and Industrial Sheds/Edu Institutes/Hospitals and hostels for edu
institutes > 20000 sqm and upto 150000 sqm.
ii. Advise for the Projects having BUA (between 20000 and 50000 sqm) which
would be issued environmental stipulations by the local authority, shall be
required to CTE or not?
CTE is required for building construction project having built up area less
than 50,000 sqm (which do not require environmental clearance)
c. 15th Nov 2018 notification of MOEF:
i. Local bodies shall stipulate environmental conditions while granting building
permits for BUA between 20000 to 50000 Sqm for building and construction
projects as specified in the 14th Nov notification
d. Implications of above (c):
i. The size of building requiring EC has been altered in the Category B (
Building Projects):
1. Increased range of Building Projects in 8(a) from from>20000 to <
150000 Sqm to > 50000 Sqm to <150000 sqm for requiring EC
2. For Township and Area development Projects- No change in area
range hence earlier conditions remain
3. General Conditions shall not apply to both 8(a) and 8(b)
4. Public hearing is exempted (no change in the revised notification)
5. CTE is exempted for building construction projects which has been
granted Environmental Clearance