PROCESS OVERVIEW

GREEN CIRCLE CONSULTANTS (I) PVT. LTD.

INDIA

1
 VARIOUS CLEARNCES

• HISTORY & BACKGROUND

• EIA
• EC – INFRASTRUCTURE / CONSTRUCTION
• EC INDUTRIAL
• CRZ CLEARANCE
• HIGH RISE CLEARANCE
• CONSENT FOR ESABLISHMENT
• CONSENT FOR OPERATION
• POST EC/CFE/CFO & ENVIRONMENTAL
STATEMENT

2
 HISTORY AND BACKGROUND
• Environmental Protection and Sustainable Development have been the cornerstones of the
policies and procedures governing the industrial and other developmental activities in
India.
• Ministry of Environment & Forests has taken several policy initiatives and enacted
environmental and pollution control legislations to prevent indiscriminate exploitation of
natural resources and to promote integration of environmental concerns in developmental
projects.
• One such initiative is the Notification on Environmental Impact Assessment (EIA) of
developmental projects issued-on 27.1.1994 ammended in 2004 under the provisions of
Environment (Protection) Act, 1986.
• The latest EIA notification dated 14th Sept’2006 makes EIA compulsary for all 32 category
of projects including any new building/construction project provided in Schedule.
• Based on EIA, these activities need to obtain prior environmental clearance from MoEF.
• NODAL BODY : The Ministry of Environment and Forests (MoEF) is the nodal body in
India for all environment related issues (Know more: www.envfor.nic.in). Under
Environment (Protection) Act 1986.

3
 EIA
• What is EIA?
EIA is a systematic analysis of all environmental impacts arising out of a
developmental activity. Depending on type and magnitude of impacts,
mitigation measures are suggested to keep the overall environmental quality
intact. Efforts are also made to further enhance environmental aesthetics and
socio-economics in the area.

• Applicability?
EIA is worldwide accepted phenomenon for setting off impacts of a project at
its initial stages. An EIA is conducted during project preparation stage and can
be useful to host of industries, utilities, infrastructure projects, institutions,
technology transfer projects, policy makers etc. It yields best results when done
at planning stage however cases have been there when a proponent does it for a
full fledge running plant and also considers post-closure.

4
 Stages in Environmental Clearance –
Infrastructure Projects

• LOI from client

• Field Activity for collection of Basic data
• Draft application to client
• Application to SEAC
• Presentation to SEAC
• MoM / Queries raised by SEAC
• Reply of MoM to SEAC
• Reconsideration presentation
• Recommendation to SEIAA by SEAC
• Clearance from SEAC

5
INFRASTRUCTURE Start

PROJECTS
Checklist and conceptual plan by PROJECT PROPONENT Part of normal project
Preparation

Technical review by SEIAA

Appraisal by SEAC

60 days
SEAC meets at least
Once a month on a
End Recommende
Fixed date
d?
Yes

Issue of in-principle EC / EMP by SEIAA

Preparation of Building plans Part of normal project

With EMP by PP Preparation

30 days
Conformation of the revised plan by SEAC SEAC meets at least
Once a month on a
fixed date
Total = 90 days
with certainty End 6
 Stages in Environmental Clearance –
Industrial Projects

• LOI from client

• Field Activity for collection of Basic data
• Application to MoEF/ SEAC for TOR
• Presentation to MoEF / SEAC for TOR
• Baseline monitoring
• Draft Report preparation
• Comments from client
• Public Hearing
• Revised EIA report to SPCB / MoEF
• Presentation to MoEF for EC
• Clearance from MoEF

7
 Fill and submit Form-I and proposed TOR with pre-feasibility report/conceptual plan
and associated documents
SEAC (Class B Project)
Application rejected Or
MOEF Central (Class A Project)

TOR Presentation for adequacy of proposed

TOR / Issue of additional TOR 60 Days

Baseline environmental study and preparation

EC PROCESS of draft EIA/ RRA reports
90 days for collection
of data for EIA
MOEF
Submit EIA/EMP and RA/DMP documents to
SPCB to organize public hearing (if required). 45 Days

TOTAL 210 Days if

all processes Submission of final REIA/ RRA report to EAC/
SEAC including Minutes of public hearing
followed correctly

Scrutiny of REIA/ RRA report and Public 30 Days

hearing proceedings by EAC/ SEAC

Presentation to EAC for grant of EC 30 Days

Grant / Rejection of Environmental Clearance 15 Days

8
 CRZ NOTIFICATION

• NOTIFICATION UNDER SECTION 3(1) AND SECTION 3(2)(v) OF THE

ENVIRONMENT (PROTECTION) ACT, 1986 AND RULE 5(3)(d) OF THE
ENVIRONMENT (PROTECTION) RULES, 1986 DECLARING COASTAL
STRETCHES AS COASTAL REGULATION ZONE (CRZ) AND
REGULATING ACTIVITIES IN THE CRZ.
• High Tide Line means the line on the land upto which the highest water line
reaches during the spring tide.
• the Central Government hereby declares the coastal stretches of seas, bays,
estuaries, creeks, rivers and backwaters which are influenced by tidal action
(in the landward side) upto 500 metres from the High Tide Line (HTL) and
the land between the Low Tide Line (LTL) and the HTL as Coastal
Regulation Zone; and imposes with effect from the date of this Notification,
the following restrictions on the setting up and expansion of industries,
operations or processes, etc. in the said Coastal Regulation Zone (CRZ).
• The High Tide Line shall be demarcated uniformly in all parts of the country
by the demarcating authority or authorities so authorised by the Central
Government, in accordance with the general guidelines issued in this regard 9
 Classification of Coastal Regulation Zone:
For regulating development activities, the coastal stretches within 500 metres of High
Tide Line on the landward side are classified into four categories, namely:
• Category I (CRZ-I):
(i) Areas that are ecologically sensitive and important, such as national parks/marine
parks, sanctuaries, reserve forests, wildlife habitats, mangroves, corals/coral reefs, areas
close to breeding and spawning grounds of fish and other marine life,
(ii) Area between Low Tide Line and the high Tide Line.
• Category-II (CRZ-II):
The areas that have already been developed upto or close to the shoreline .For this
purpose, “developed area” is referred to as that area within the municipal limits or in
other legally designated urban areas which is already substantially built up and which
has been provided with drainage and approach roads and other infrastructural facilities,
such as water supply and sewerage mains.
• Category-III (CRZ-III):
Areas that are relatively undisturbed and those which do not belong to either Category-I
or II. These will include coastal zone in the rural areas (developed and undeveloped) and
also areas within Municipal limits or in other legally designated urban areas which are
not substantially built up.
• Category-IV (CRZ-IV):
Coastal stretches in the Andaman & Nicobar, Lakshadweep and small islands, except
those designated as CRZ-I, CRZ-II or CRZ-III.
10
 CRZ NOTIFICATION APPLICABILITY

• The development or construction activities in different categories of CRZ area shall be

regulated by the concerned authorities at the State/Union Territory level, in accordance
with the following norms:
• CRZ-I
• No new construction shall be permitted in CRZ- I except (a) Projects relating to
Department of Atomic Energy and (b) Pipelines, conveying systems including
transmission lines and (c) facilities that are essential for activities permissible under
CRZ-I.
• In addition, between LTL and HTL in areas which are not ecologically sensitive and
important, the following may be permitted: (a) Exploration and extraction of Oil and
Natural Gas, (b) Construction of dispensaries, schools, public rain shelters,
community toilets, bridges, roads, jetties, water supply, drainage, sewerage etc.
• CRZ-II
• Buildings shall be permitted only on the landward side of the existing road (or roads
approved in the Coastal Zone Management Plan of the area) or on the landward side
of existing authorised structures. Buildings permitted on the landward side of the
existing and proposed roads/existing authorised structures shall be subject to the
existing local Town and Country Planning Regulations including the existing norms
of Floor Space Index/Floor Area Ratio:
• Reconstruction of the authorised buildings to be permitted subject to the existing
FSI/FAR norms and without change in the existing use.
• The design and construction of buildings shall be consistent with the surrounding
landscape and local architectural style.
11
 CRZ NOTIFICATION APPLICABILITY
• CRZ-III
• (i) The area upto 200 metres from the High Tide Line is to be earmarked as ‘No
Development Zone’.No construction shall be permitted within this zone except for
repairs of existing authorised structures not exceeding existing FSI, existing plinth
area and existing density, and for permissible activities under the notification
including facilities essential for such activities.
• An authority designated by the State Government/Union Territory
Administration may permit construction of facilities for water supply,
drainage and sewerage for requirements of local inhabitants.
• However, the following uses may be permissible in this zone – agriculture,
horticulture, gardens, pastures, parks, play fields, forestry and salt manufacture
from sea water.
• (ii) Development of vacant plots between 200 and 500 metres of High Tide Line
in designated areas of CRZ-III with prior approval of Ministry of Environment
and Forests (MEF) permitted for construction of hotels/beach resorts for
temporary occupation of tourists/visitors.
• (iii) Building permission for such construction/reconstruction will be subject to
the conditions that the total number of dwelling units shall not be more than twice
the number of existing units; total covered area on all floors shall not exceed 33
percent of the plot size; the overall height of construction shall not exceed 9
metres and construction shall not be more than 2 floors ground floor plus one
floor. 12
 CRZ NOTIFICATION APPLICABILITY

• CRZ-IV
• Andaman & Nicobar Islands:
i. No new construction of buildings shall be permitted within 200 metres
of the HTL;
ii. The buildings between 200 and 500 metres from the High Tide Line
shall not have more than 2 floors (ground floor and first floor),the total
covered area on all floors shall not be more than 50 per cent of the plot
size and the total height of construction shall not exceed 9 metres;
iii. The design and construction of buildings shall be consistent with the
surrounding landscape and local architectural style.
iv. (a) Corals from the beaches and coastal waters shall not be used
for construction and other purposes.
• (b) sand may be used from the beaches and coastal waters, only
for construction purpose upto the 30th day of September 2002 and
thereafter it shall not be used for construction and other purposes.
v. Dredging and underwater blasting in and around coral formations shall
not be permitted;

13
 CRZ CLEARANCE

Application to the Municipality or Gram Panchayat with

CRZ questionnaires and CESS certificate

Consideration by Urban Development Authority 60 days

Presentation to SCZMA for CRZ clearance 30 days

Yes

Forward to MoEF,
Cost > 5crore 30 days
CRZ

No

30 days

Grant of CRZ Presentation to 30 days

clearance MoEF, CRZ
TOTAL 120 Days
for State CRZ and
150 days for MoEF,
CRZ 14
 HIGH RISE CLEARANCE

• All building proposals with height more than 70mtrs shall apply for HRC.
• The application shall be forwarded to High Rise Committee through the
member secretary, i.e. chief Engineer (D.P.).
• Application documents:-
1. 6 sets of complete architectural drawings.
2. 2 sets of structural drawings with structural calculations
3. 3 copies of soil investigation report
4. 3 copies of report of environmental impact analysis
5. D.P.Remarks

• The proposals will be scrutinized by the state committee

• Site visit to be taken up to verify the details.
• Presentation to HRC
• Recommendation by HRC to the M.C.
• In order to meet administrative expenses, an amount of Rs.50, 000/- will be
charged as scrutiny fee per proposal
15
 HIGH RISE CLEARANCE
SOI & REIA REPORT TO HIGH RISE COMMITTEE

Scrutiny by HIGH RISE COMMITTEE

SITE VISIT 60 days

PRESENTATION TO HRC
30 days

TOTAL 120/150 MOM / QUERIES FROM HRC

Days if all processes
followed correctly
No

RECONSIDERATION MOM reply

satisfying

Yes

Grant of HRC

16
 CONSENT MANAGEMENT

• Under the provisions of these Acts, an entrepreneur running or establishing

any industry or process, and discharging effluent/emitting pollutants into any
water resources or on land/air and polluting thereby the environmental
water/air is required to obtain consent, which needs to obtained in two phases;
• Consent to Establish: This consent is to be obtained prior to establishing any
industry or process.
• Consent to Operate: Once the industry or process plant is established along
the required pollution control systems, the entrepreneur is required to obtain
consent to operate the unit. This consent is given for a particular period, which
needs to be renewed regularly.
• Delegations of Powers to Grant Consent:
• In order to bring simplification and speedy disposal of consent applications,
Board has delegated powers to Board Offices, Member Secretary and Consent
Appraisal Committee.
17
 CFE

• Every industry should apply for CFE to get the SPCB approval for the
Establishment of Industry.
Industry can take the CFE application from respective RO / ZO / HO.
• CFE application broadly covers the Investment details of the raw materials,
products, process, water consumption and generation , emissions, proposed
pollution control devices etc.
• Fee Structure : Based on the Category of Industry and Hazardous Waste
generation and the investment of the industry the Fee Structure for CFE will be
calculated.
• The filled CFE form has to be submitted in the respective Regional Offices along
with the required Consent fee, Process Flow Chart, Site Plan, Topo plan etc.
• After scrutiny of the application and Site Inspection , Board gives the Consent for
Establishment in case industry fulfils all the requirements from Environmental
point of view.
• While sanctioning the CFE, Board clearly indicates the compliance's, which
should be adhered to by the industry.
• Proponent can go ahead for the construction of Industry after getting the CFE
Order.
• CFE for Expansion / Modernisation / Diversification / Change of Product: If
an existing industry wants to Expand the unit / Add new products / Change of
product / Modernise the existing units, then they have to apply for CFE similar to
that of establishing a New Industry. 18
CFE

19
 CFO

• Industry should acquire CFO before commencing the production.

• Industry should get the respective application from Regional Office / Zonal
Office by paying fees or download from website.
• Industry has to ensure the completion of all compliance's identified during CFE
stage by SPCB before applying for CFO.
• CFO fee will be computed based on the investment by the industry.
• Submission of duly filled application to SPCB
• SPCB will do an inspection of the industry to check the adherence of industry for
all the compliance's identified during CFE.
• After getting the CFO, industry can go ahead with the commencement of
production.
• CFO certification will be valid for certain period , which will be indicated on the
certificate.
• Industry should get the renewal of CFO one month before expiry of CFO
certification.
20
CFO

21
 POST EC MONITORING

• Project Proponent to submit Half yearly

compliance report to stipulated conditions in
hard and Soft copy

• Compliance reports are public documents and

displayed in MOEF/SPCB websites

22
 POST CFO / CFE

• Project Proponent to submit Yearly compliance report to stipulated

conditions in CFE as well as CFO to SPCB in hard and Soft copy.

• Monitoring to be carried out once in each quarter and submit half yearly
report of two collective monitoring (EMR) in one half yearly report.

• Compliance reports are public documents and displayed in SPCB

websites.

23
 Environmental Statement

Section 25 of Water Act (197), Section 21 of Air Act (1981),Hazardous

Waste (M&H Rules) 1989 under EPA 1986

Section 14 Submission of statement in Form V on or

before 30th September of calendar year.

24
25