(5) The project proponent shall prepare the report of assessment of ecological damage as

per the guidelines issued by the CPCB in this regard from time to time, along with
remediation plan and natural and community resource augmentation plan as an
independent chapter in the EIA Report through an ACO.

(6) The collection and analysis of data for assessment of ecological damage, preparation
of remediation plan and natural and community resource augmentation plan shall be
done by an environment laboratory duly notified under Environment (Protection) Act,
1986, or an environment laboratory accredited by National Accreditation Board for
Testing and Calibration Laboratories, or a laboratory of a Council of Scientific and
Industrial Research institution working in the field of environment.

(7) The Appraisal Committee shall stipulate the implementation of EMP, comprising
remediation plan and natural and community resource augmentation plan
corresponding to the 1.5 times the ecological damage assessed and economic benefit
derived due to violation in case of the suo moto applications or two times the
ecological damage assessed and economic benefit derived due to violation in cases
reported by any Government Authority or found during the appraisal of Appraisal
Committee or during the processing of application if any by the Regulatory Authority,
as a condition of Environment Clearance.

Provided that the Ministry may prescribe suitable guidelines or mechanism through
which the project proponent shall discharge the above obligation.

(8) On cognizance of violation through suo moto application, a late fee of Rs. 1,000/- per
day in case of Category ‘B2’ projects; Rs. 2,000/- per day in case of Category ‘B1’
projects; and Rs. 5,000/- per day in case of Category ‘A’ projects shall be paid by the
Project Proponent, at the time of application, calculated for a period of date of
violation to date of application.

(9) On cognizance of violation reporting by any Government Authority or found during

the appraisal by Appraisal Committee or processing of application, if any, by the
Regulatory Authority, a late fee of Rs. 2,000/- per day in case of Category ‘B2’
projects; Rs. 4,000/- per day in case of Category ‘B1’ projects; and Rs. 10,000/- per
day in case of Category ‘A’ projects shall be paid by the Project Proponent, at the time
of application, calculated for a period of date of violation to date of application.

For the purpose of the sub-clause (8) and (9) above, the date of violation shall be
deemed to be 14th April, 2018 (date of closure of the time window provided for
violation cases vide notification number S.O. 804(E) dated the 14th March, 2017 and
subsequent orders of Hon’ble High Court of judicature at Madras vide order dated 14th
March, 2018 in WMP No. 3361 and 3362 of 2018 and WMP No. 3721 in WP No.
11189 of 2017) or 1st April of the year falling in which the violation occurred.

(10) The project proponent will be required to submit a bank guarantee valid for five years
equivalent to the amount of remediation plan and Natural and Community Resource
Augmentation Plan and with the SPCB or UTPCC, as the case may be, and the
quantification will be recommended by Appraisal Committee and finalized by
Regulatory Authority, with a condition to implement the same within a period of three
years.

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