Introduction
The Environment (Protection) Act of 1986’s Environmental Impact Notification S.O.1533 (E), dated September 14, 2006, as revised in 2009, makes it mandatory to obtain an Environmental Clearance for planned development projects. The notification has classified projects under two categories ‘A’ & ‘B’.
All sectors requiring prior environmental clearance must follow the MoEF’s existing Environmental Impact Assessment (EIA) manual. The project proponent or consultant will be assisted in creating the EIA report by the EIA guidance manual.
It also helps the public learn about the associated environmental concerns and the regulatory authorities examine the report.
Need for Environmental Clearance:
The rapidly expanding metropolitan centres have compelled the groundwater resources and vegetation to make way.
Because they need to be air-conditioned and lit, modern structures constructed in our cities utilise a lot of energy.
In this situation, it is important to evaluate how these activities use natural resources and suggest suitable measures to reduce the impact on the environment due to the development project.
Environmental Clearance Process for Residential Projects
The projects are usually divided into the following two categories based on built-up area: Category B1 and B2.
The objective of the EIA Notification, 2006 is to set procedures for environmental clearance before the establishment of developmental projects.
The suitability of the site for a proposed development is one of the primary concerns in accordance with environmental clearance for a project.
For residential projects, the applicant will have to furnish, along with the application, in addition to Form 1 and the supplementary Form 1A, a copy of the conceptual plan.
All projects and activities listed as Category ‘B’ in Item 8 of the Schedule (Construction / Township / Commercial Complexes /Housing) shall not require scoping and will be appraised on the basis of Form 1/Form 1A and the conceptual plan.
With respect to the construction industry, any project that exceeds 20,000 sq. mt. built-up area needs clearance from the SEIAA along with all the other permissions from the local authorities and service providers.
Projects with a built-up area between 20,000 sq .mt. and 1,50,000 sq. mt. come under Category ‘B2’ and require an Environmental Management Plan (EMP), whereas projects with built-up area greater than 1,50,000 sq.mt. are considered at Category ‘B1’ and require an Environmental Impact Assessment (EIA) Report.
The Manual on norms and standards for environment clearance of large construction projects lists the procedures to be followed.
| Category ‘B2’ | 20,000sqmt (2,15,278.21 sq.ft.) < Builtup area < 1,50,000sq.mt. (1614586.56 sq.ft.) | Require EMP(Do not require EIA Report) |
|---|---|---|
| Category ‘B1’ | Builtup area > 1,50,000 sq. mt. (1614586.56 sq.ft.) | Require EIA Report |
The projects are to be located within 10km of the National Parks, Sanctuaries, Biosphere and Reserves, and Migratory corridors of wild animals, the project proponent shall submit the map duly authenticated by Chief Wildlife Warden showing these features vis-à-vis the project location and the recommendations or comments of the Chief Wildlife Warden thereon (at the stage of EC).
Post Environmental Clearance Monitoring
To make the Environmental Clearance process and compliance more effective, the Ministry of Environment and Forests in India is undertaking the submission of Post Environment Clearance Monitoring Reports every six months from the grant of EC to check the Compliance status of Industrial and Development Projects.
Half-yearly environmental compliance report on the status of Compliance with Stipulated Environmental Conditions including results of monitored data to be submitted to the Regional Office of the MoEF and the Zonal Office of CPCB/SPCB.
Did you know that starting Construction of a project without obtaining an EC is a violation and can result in significant penalties, depending on the portion of construction commenced?
In one case, a private builder in Chennai was prevented from moving further with the construction of a 27-floor apartment building in Tondiarpet, and the NGT requested that authorities take action against the builder for flouting EC regulations. In the second case, the NGT fined a builder in Coimbatore ₹8 crores.
Conclusion
Obtaining an Environmental clearance is a technical exercise, to predict environmental impacts, assess their significance, and provide recommendations for their mitigation.
The EIA/ EMP report covers a wide range of technical disciplines and covers areas such as noise and vibration, air quality, ecology, contamination, water quality & hydrology, archaeology & cultural heritage, landscape & visual character, sustainability and socio-economics.
We have successfully obtained 150 + Environmental clearances for residential projects and commercial projects in Telangana and Andhra Pradesh. For services related to Environmental Clearance for your residential project, consult our experts at Pioneer Enviro. Contact us at +91-93464 03568 or visit us today.
