Draft EIA 2020 Notification PDF

(To be published in the Gazette of India, Extraordinary, Part-II, Section 3, Subsection (ii)) MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE New Delhi, the -----March, 2020 NOTIFICATION S.O. _____- Whereas, the...

(To be published in the Gazette of India, Extraordinary, Part-II, Section 3, Subsection (ii)) MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE New Delhi, the -----March, 2020 NOTIFICATION S.O. _____- Whereas, the Central Government proposes to issue following notification in exercise of the powers conferred by sub-section (1), and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) for imposing certain restrictions and prohibition on the undertaking some projects or expansion or modernization of such existing projects entailing capacity addition, in any part of India, in supersession of the Environment Impact Assessment notification vide S.O. 1533 dated the 14th September, 2006 and its subsequent amendments, is hereby published, as required under sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, for the information of the public likely to be affected thereby; and notice is hereby given that the said draft notification shall be taken into consideration on or after the expiry of a period of sixty days from the date on which copies of the Gazette containing this notification are made available to the Public; Any person interested in making any objections or suggestions on the proposal contained in the draft notification may forward the same in writing for consideration of the Central Government within the period so specified to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi- 110 003, or send it to the e-mail address at [email protected]. Draft Notification WHEREAS by notification of the Government of India in the erstwhile Ministry of Environment and Forests vide number S.O. 1533 (E) dated the 14th September, 2006 (hereinafter referred to as ‘EIA Notification, 2006’), the Central Government imposed certain conditions and thresholds on the undertaking of some projects or expansion or modernization of such existing projects entailing capacity addition, in any part of India listed in Schedule to the EIA Notification, 2006 unless Prior Environment Clearance has been accorded by the Ministry or the State Level Environment Impact Assessment Authority or District Level Environment Impact Assessment Authority, as the case may be, in accordance with the procedure specified in the EIA Notification, 2006 and subsequent amendments; AND WHEREAS, there have been several amendments issued to the EIA Notification, 2006, from time to time, for streamlining the process, decentralization and implementation of the directions of Courts and National Green Tribunal. Though the EIA Notification, 2006 has helped in realizing necessary environmental safeguards by assessing environment impacts due to the proposed projects, that require Prior Environment Clearance at the planning stage itself, the Central Government seeks to make the process more transparent and expedient through implementation of online system, further delegations, rationalization, standardization of the process, etc.; AND WHEREAS, the Ministry had issued the notification number S.O. 804 (E), dated the 14th March, 2017 laying down procedure for appraisal of the violation cases with a time Page 1 of 83 window of six months. The said notification defined violation of projects which have started the construction work, or have undertaken expansion or modernization or change in product- mix without Prior Environment Clearance. However, such violations being recurring in nature may come to the notice in future during the process of appraisal or monitoring or inspection by Regulatory Authorities. Therefore, the Ministry deems it necessary to lay down the procedure to bring such violation projects under the regulations in the interest of environment at the earliest point of time rather than leaving them unregulated and unchecked, which will be more damaging to the environment; AND WHEREAS, the Hon’ble High Court of Jharkhand’s order dated the 28th November, 2014 in W.P. (C ) No. 2364 of 2014 in the matter of Hindustan Copper Limited Versus Union of India, inter alia, held that the consideration for the proposal for Environment Clearance must be examined on its merits, independent of any proposed action for alleged violation of the environmental laws; AND WHEREAS, the Hon’ble National Green Tribunal in Original Application Number 837/2018 in the matter of Original Application Number 837/2018 Sandeep Mittal Vs Ministry of Environment, Forest and Climate Change & Ors., has held that Ministry shall strengthen the monitoring mechanism for compliance of conditions of Prior Environment Clearance; AND WHEREAS, the Central Government hereby publishes this draft notification in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 and section 23 of the Environment (Protection) Act, 1986, read with clause (d) of sub-rule (3) or rule 5 of the Environment (Protection) Rules, 1986 and in supersession of the notification number S.O. 1533 (E) dated the 14th September, 2006 read with subsequent amendments, notification numbers S.O. 190 (E) dated the 20th January, 2016, S.O. 4307(E) dated the 29th November, 2019, S.O. 750(E) dated the 17th February, 2020, except in respect of things done or omitted to be done before such supersession. 1. Short title and commencement: - i. This notification may be called the Environment Impact Assessment Notification, 2020 (hereinafter referred to as ‘EIA Notification, 2020’). ii. This notification shall come into force on the date of publication of final notification in the Official Gazette. 2. Application of the notification: - This notification is applicable to whole of India including territorial waters. 3. Definitions: – In this notification, unless the context otherwise requires, the terms are defined as follows: (1) “Accredited Environment Impact Assessment Consultant Organization (hereinafter referred to as ‘ACO’)” is an organization that is accredited with the National Accreditation Board for Education and Training (NABET) of Quality Council of India (QCI) or any other agency, as may be notified by the Ministry from time to time; Page 2 of 83 (2) “Act” means the Environment (Protection) Act, 1986 (Act number 29 of 1986); (3) “Appraisal” means detailed scrutiny of the application in prescribed form(s) and all documents including final EIA report, outcome of the public consultations by the Appraisal Committee for grant of Prior Environment Clearance; (4) “Appraisal Committee” means Central Level Expert Appraisal Committee or State Level Expert Appraisal Committee or Union Territory Level Expert Appraisal Committee or District Level Expert Appraisal Committee, as the case may be. (5) “Baseline data (hereinafter referred to as ‘BLD’)” means data depicting the pre- project or pre-expansion environmental scenario including data related to air, water, land, flora, fauna, socio-economic, etc., of the proposed project at the site(s) and study area; (6) “Border Area” means area falling within 100 kilometers aerial distance from the Line of Actual Control with bordering countries of India; (7) “Built-up area” means the built up or covered area on all the floors put together including its basement and other service areas, that is proposed in the buildings or construction projects; (8) “Capital dredging” means one time process involving removal of virgin material from the sea bed to create, or deepen a shipping channel in order to serve larger ships. This includes dredging activity inside and outside the ports or harbors and channels; (9) Category ‘A’ means projects or activities as listed in the column (3) of the Schedule to this notification; (10) Category ‘B1’ means projects or activities as listed in the column (4) of the Schedule to this notification; (11) Category ‘B2’ means projects or activities as listed in the column (5) of the Schedule to this notification; (12) “Central Pollution Control Board (hereinafter referred to as ‘CPCB’)” is a Board constituted under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (13) “Certificate of Green Building” means certificate issued under the rating programmes of Green Rating for Integrated Habitat Assessment (GRIHA); Indian Green Building Council (IGBC); Leadership in Energy and Environmental Design (LEED) India, Excellence in Design for Greater Efficiencies (EDGE) or any other third-party green building rating system as issued by the Ministry, from time to time; (14) “Cluster” means an area formed by group of mines or leases as per the criteria given in sub-paragraph (3) of paragraph 24 of this notification; Page 3 of 83 (15) “Cluster certificate” is the certificate for cluster of mines or leases issued by the Director of Mines and Geology or any other Competent Authority; (16) “Corporate Environment Responsibility (hereinafter referred to as ‘CER’)” is the part of EMP wherein the project proponent is mandated to carry out certain activities for environment safeguard in the immediate surroundings of the project based on the issues raised during the public consultation and / or social need based assessment carried during the EIA studies; (17) “Coastal Regulatory Zone (hereinafter referred to as ‘CRZ’)” is the zone as notified under the Coastal Regulatory Zone Notification, 2019 and subsequent amendments, from time to time. (18) “Critically Polluted Area” means industrial cluster or area as identified by the Central Pollution Control Board, from time to time; (19) “District or Divisional Level Expert Appraisal Committee (hereinafter referred to as ‘DEAC’)” is a committee of experts constituted for the purpose of this notification, at district level or at divisional level, by the SEIAA or UTIAA in exercise of powers conferred under the section 23 of the Act, on the recommendation of the State Government or Union Territory administration, for environment appraisal of projects referred to it, and for making appropriate recommendations; (20) “District Survey Report” means a report prepared by the Geology Department or Irrigation Department or Forest Department or Public Works Department or Ground Water Boards or Remote Sensing Department or Mining Department, etc. in the district for identification of areas of aggradations or deposition where mining can be allowed; and identification of areas of erosion and proximity to infrastructural structures and installations where mining should be prohibited and calculation of annual rate of replenishment and allowing time for replenishment after mining in that area; (21) “Eco-sensitive areas (hereinafter referred to as ‘ESA’)” are the areas as notified under sub-section (2) of section 3 of the Environment (Protection) Act, 1986 and subsequent amendments, from time to time; (22) “Eco-sensitive zones (hereinafter referred to as ‘ESZ’)” are the zones as notified under sub-section (2) of section 3 of the Environment (Protection) Act, 1986 and subsequent amendments, from time to time; (23) “Environment Impact Assessment (hereinafter referred to as ‘EIA’) Report” is the document prepared by the Project Proponent through an ACO for the proposed project based on the Terms of Reference prescribed by the Regulatory Authority and as per the generic structure given in the Appendix-X of this notification; a. “Draft EIA Report” is the EIA Report prepared for the purpose of Public Consultation or in accordance with the directions of the Regulatory Authority; b. “Final EIA Report” is the EIA Report prepared, after public consultation, including mitigation measures duly addressing the concerns raised by the Page 4 of 83  public, time bound action plan, budgetary provision for the commitments made therein by the project proponent, for the purpose of appraisal; (24) “EIA Coordinator” is a sectoral expert and coordinator of Functional Area Experts and is accredited by the ACO; (25) “Environment Management Plan (hereinafter referred to as ‘EMP’) Report” is the document prepared by the project proponent through ACO for the proposed project as per the generic structure given in the Appendix-XI of this notification; (26) “Expansion” means any increase in mine lease area or project area or Culturable Command Area or built-up area or length or number or generation capacity or production capacity or throughput or handling capacity, etc., as applicable to the project, entailing the capacity addition beyond the limits specified for the concerned project, in the schedule or prior-EC or prior-EP, as the case may be, obtained. In case of mining projects or activity any increase in mine lease area and or production capacity shall be considered as expansion; (27) “Expert Appraisal Committee (hereinafter referred to as ‘EAC’)” is a committee of experts constituted at central level by the Ministry for appraisal of projects referred to it and for making appropriate recommendations; (28) “Form” means form(s) appended to this notification; (29) “Functional Area Expert (hereinafter referred to as ‘FAE’)” is an expert accredited by ACO, and working or empaneled with the ACO; (30) “General Condition (hereinafter referred to as ‘GC’) means that any project or activity specified in Category ‘B1’ shall be appraised at the Central Level without change in the Category, if located in whole or in part, in areas mentioned in (a) or (b) below:- a. within 10 km in respect of items numbers 3, 5, 32, 33 of the schedule and within 5 km in respect of other items, from the boundary of- (i) Protected Areas; or (ii) Critically Polluted Area; or (iii) Eco-sensitive area; or (iv) Inter State or Union Territory. b. within the boundary of- (i) Severely Polluted Area; or (ii) Eco-sensitive Zone. (31) “Island Coastal Regulatory Zone (hereinafter referred to as ‘ICRZ’)” is the zone as notified under the Island Coastal Regulatory Zone Notification, 2019 and subsequent amendments, from time to time. Page 5 of 83 (32) “Maintenance dredging” means the periodic removal of shoals or sediments from existing navigational channels, berths, swinging moorings etc. in order to maintain an appropriate safe depth of water for navigation, construction or operational purposes; (33) “Micro, Small and Medium Enterprises” means the project as defined under Micro, Small and Medium Enterprises Development Act, 2006 (Act number 27 of 2006) and its subsequent amendments; (34) “Mineral Beneficiation” means a process by which valuable constituents of ore are concentrated by means of physical or Physico-chemical separation process; (35) “Ministry” means Ministry of Environment, Forest and Climate Change in the Government of India; (36) “Modernization” is any change in the process or technology or change in the raw material mix or product mix or de-bottlenecking or increase in the number of working days or increase in the capacity utilization of plant and machinery in the project including increase in the rate of excavation in the existing mine lease area, etc., for which prior-EC or prior-EP, as the case may be, granted by the Regulatory Authority; (37) “Non-compliance” means non-compliance of terms and conditions prescribed by the Regulatory Authority in the Prior Environment Clearance or Prior Environment Permission to the project. (38) “Notified Industrial Estate” means the Industrial Estate including parks; complexes; areas; Export Processing Zones (EPZs); Special Economic Zones (SEZs); Biotech Parks; Leather Complexes; Coastal Economic Zones (CEZs); Special Investment Region (SIR); National Investment and Manufacturing Zones (NIMZs); Industrial Cluster; Petroleum, Chemicals and Petrochemicals Investment Regions (PCPIRs), that are notified by the Central Government or State Government or Union Territory administration prior to the 14th September, 2006 or that have obtained the Prior Environment Clearance as mandated under the EIA Notification, 2006 or under this notification; (39) “Protected Areas” means areas as notified under the Wild Life (Protection) Act, 1972 (53 of 1972) and its subsequent amendments, from time to time; (40) “Prior Environment Clearance (hereinafter referred to as ‘prior-EC’)” means the clearance or consent of Regulatory Authority, on the recommendation of the Appraisal Committee for the Category ‘A’; Category ‘B1’ and Category ‘B2’ projects that are required to be placed before Appraisal Committee as specified in the Schedule; (41) “Prior Environment Permission (hereinafter referred to as ‘prior-EP’)” means the permission or consent of Regulatory Authority for carrying out the proposed project listed in the Schedule in respect of Category ‘B2’ that are not required to be placed before Appraisal Committee as specified in the Schedule; Page 6 of 83 (42) “Prior Environment Clearance Conditions” means conditions prescribed by the Regulatory Authority, for the project, for which Prior Environment Clearance or Prior Environment Permission has been sought; a. “Specific Conditions” means project specific or location specific conditions, on case to case basis, if any, prescribed by the Appraisal Committee; and b. “Standard Conditions” means conditions prescribed by the Ministry from time to time, for stipulating while granting prior-EC or prior-EP, as the case may be. However, such conditions may be modified, on due diligence, during the appraisal, on case to case basis, by the Appraisal Committee (in case of Prior-EC); and by the Regulatory Authority (in case of prior-EP). (43) “Project” means project or an activity; (44) “Project Life” means life of the project including phases of, (i) construction or installation or establishment or commissioning; (ii) operation; and (iii) redundancy or closure or dismantling; (45) “Project Proponent” means an individual or public or private entity or private entity, that has ultimate control over the affairs of the project and is duly authorized or appointed by the Board of Directors of the company or a competent authority f such entity or firm or trust or Limited Liability Partnership or Joint Venture or Special Purpose Vehicle or Central or State or Local Government to manage the affairs of the project and to correspond and execute documents before the Regulatory Authority for the purpose of this notification; (46) “Public Consultation” means the process by which the concerns of local affected persons and others, who have plausible stake in the environmental impact of the project, are ascertained with a view to appropriately take into account all such material concerns while designing the project; (47) “Regulatory Authority” means the Ministry or State Level Environment Impact Assessment Authority or Union Territory Level Environment Impact Assessment Authority; (48) “Schedule” means Schedule appended to this notification; (49) “Scoping” means the process of determining the Terms of Reference by the Regulatory Authority for the preparation of EIA Report, for the project, seeking prior-EC; (50) “Secondary metallurgical processes” means the production processes that starts with the output of the ore reduction process, scrap, salvage and ingots as input to the industry and its products are semi-finished products or finished products; (51) “Severely Polluted Area” means the industrial cluster or area as identified by the Central Pollution Control Board as Severely Polluted Area, from time to time; (52) “State Level Expert Appraisal Committee (hereinafter referred to as ‘SEAC’)” means a committee of experts constituted for the purpose of this notification, at Page 7 of 83  state level, by the Ministry for environment appraisal of projects referred to it and for making appropriate recommendations; (53) “State Pollution Control Board (hereinafter referred to as ‘SPCB’)” is a board constituted under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (54) “State Level Environment Impact Assessment Authority (hereinafter referred to as ‘SEIAA’)” means an authority constituted by the Central Government under sub-section (3) of section 3 of the Environment (Protection) Act, 1986; (55) “Study area” means the immediate surrounding area within an aerial distance of, 10 km around the boundary of the project falling under Category ‘A’ or 5 km around the boundary of the project falling under Category ‘B’, as the case may be; (56) “Terms of Reference (hereinafter referred to as ‘ToR’)” means detailed scope prescribed by the Regulatory Authority, for the project, for the purpose of preparation of EIA Report; a. “Specific Terms of Reference” means project specific or location specific Terms of Reference, prescribed by the Appraisal Committee, deemed necessary for the preparation of an EIA Report; and b. “Standard Terms of Reference” means standard Terms of Reference issued by the Ministry from time to time, for the preparation of EIA Report, in respect of the projects listed in the schedule. (57) “Union Territory Level Expert Appraisal Committee (hereinafter referred to as ‘UTEAC’)” means a committee of experts constituted for the purpose of this notification at Union Territory Level by the Ministry for environmental appraisal of projects referred to it and for making appropriate recommendation; (58) “Union Territory Level Environment Impact Assessment Authority (hereinafter referred to as ‘UTEIAA’)” means an authority constituted by the Ministry under sub-section (3) of section 3 of the Environment (Protection) Act, 1986; (59) “Union Territory Pollution Control Committee (hereinafter referred to as ‘UTPCC’)” is a Committee constituted under the Water (Prevention and Control of Pollution) Act, 1974 (Act number 6 of 1974); and (60) “Violation” means cases where projects have either started the construction work or installation or excavation, whichever is earlier, on site or expanded the production and / or project area beyond the limit specified in the prior-EC without obtaining prior-EC or prior-EP, as the case may be. 4. Requirement of Prior Environment Clearance or Prior Environment Permission:- (1) New projects or activities including expansion or modernization of project or activities listed in the schedule under Category ‘A’; Category ‘B1’; and Category ‘B2’ that are required to be placed before Appraisal Committee as specified in the Schedule, shall require Prior Environment Clearance from the concerned Regulatory Authority before Page 8 of 83  start of any construction work or installation or establishment or excavation or modernization, whichever is earlier, on site or before expanding the production and / or project area beyond the limit specified in the prior-EC or prior-EP, as the case may be, granted earlier. (2) New projects or activities including expansion or modernization of project or activities listed in the schedule under Category ‘B2’ that are not required to be placed before Appraisal Committee as specified in the Schedule, shall require Prior Environment Permission from the concerned Regulatory Authority before start of any construction work or installation or establishment or excavation or modernization, whichever is earlier, on site or before expanding the production and / or project area beyond the limit specified in the prior-EC or prior-EP, as the case may be, granted earlier. (3) It is, however, clarified that ‘construction work’ for the purpose of this notification shall not include securing the land by fencing or compound wall; temporary shed for security guard(s); leveling of the land without any tree felling; geo-technical investigations if any required for the project. 5. Categorization of projects and activities: - (1) All the projects, listed in the schedule, are divided into three categories namely, Category ‘A’, Category ‘B1’, and Category ‘B2’ based on the potential social and environmental impacts and spatial extent of these impacts. (2) All projects under Category ‘A’ in the Schedule including expansion and modernization of existing projects shall require prior-EC from the Ministry. (3) All projects under Category ‘B1’ in the Schedule, including expansion and modernization of existing projects, but excluding those which fulfill the General Conditions defined under sub-clause (30) of clause 3 of this notification, shall require prior-EC from the SEIAA or UTEIAA, as the case may be. (4) All projects under Category ‘B1’ in the Schedule including expansion and modernization of existing projects, and those which fulfill the General Conditions defined under sub-clause (30) of clause 3 of this notification, shall require prior-EC from the Ministry without any change in the category of the project. (5) All projects under Category ‘B2’ that are required to be placed before Appraisal Committee as specified in the Schedule, shall require prior-EC from the SEIAA or UTEIAA, as the case may be. (6) All other projects under Category ‘B2’ (other than those projects specified under sub- clause (5) above), shall require prior-EP from the SEIAA or UTEIAA, as the case may be. These projects shall not be placed before Appraisal Committee. (7) All projects concerning national defence and security or involving other strategic considerations, as determined by the Central Government, shall require prior-EC or prior-EP, as the case may be, from the Ministry without any change in the category of the project. Further, no information relating to such projects shall be placed in public domain. Page 9 of 83 6. Expert Appraisal Committee (EAC):- (1) The EAC shall consist of only experts fulfilling the following eligibility criteria:- (a) Qualification: The person should have at least Post Graduate Degree in Science or Commerce or Arts or Law or Business Administration or Agriculture or Horticulture or Economics; or Graduate Degree in Technology or Engineering or Architecture from any recognized University or professional certification (C.A, C.S., and CMA). (b) Age: Below 70 years as on date of nomination for the Appraisal Committee. (c) Experience:15 years of experience in the relevant fields given below: (i) Environment Quality: Experts in measurement, monitoring, analysis and interpretation of data with relation to environment quality; (ii) Sectoral Project Management: Experts in project management or management of process or operations or facilities in the sectors namely mining, extraction of natural resources, irrigation, power generation, nuclear energy, primary processing, materials production, materials processing, manufacturing, fabrication, physical infrastructure including environment services; (iii) Environment Impact Assessment Process: Experts in conducting and carrying out EIA and preparation of EMP and other management plans and who have wide expertise and knowledge of predictive techniques and tools used in the EIA process; (iv) Risk Assessment or Occupational health; (v) Life Science (Floral and Faunal Management) or Forestry or Wildlife or Marine Science; (vi) Environment Economics with experience in project appraisal; (vii) Pollution prevention and mitigation or environmental sciences; (viii) Public administration or management covering various developmental sectors and environment issues; (ix) Environment laws; and (x) Social impact assessment or Rehabilitation and Resettlement. (2) The tenure of the EAC shall not be more than three years. (3) The strength of the EAC shall not exceed fifteen regular members including Chairman or Chairperson and Secretary. However, the Chairman or Chairperson may co-opt expert(s) as the member(s) in a relevant field for a particular meeting of the Committee. Page 10 of 83 (4) The Chairman or Chairperson shall be an eminent person having experience in environment policy related issues, in management or in public administration dealing with various developmental sectors. (5) The Chairman or Chairperson shall nominate one of the members as the Vice- Chairman or Chairperson who shall preside over the EAC, in the absence of the Chairman or Chairperson. (6) The maximum tenure of a member, including Chairman or Chairperson, shall be for two terms of three years each or part thereof either in any of the Appraisal Committee or Authority. Chairman or Chairperson and member shall not serve simultaneously in more than one Authority or Committee constituted under this notification. (7) The tenure of Chairman or Chairperson and members may not be curtailed arbitrarily prior to expiry of the tenure, without cause and proper enquiry conducted by the Ministry. (8) More than one Expert Appraisal Committees can be constituted, as deemed necessary, by the Ministry. (9) The authorised members of the EAC concerned may inspect any site connected with the project in respect of which the Prior Environment Clearance is sought for the purpose of scoping or appraisal with prior notice of at least seven days to the project proponent who shall provide necessary cooperation for the inspection. (10) The EAC shall function on the principle of collective responsibility. The Chairman or Chairperson shall endeavor to reach a consensus in each case and if consensus cannot be reached, the view of the majority shall prevail. Provided that in case a decision is taken by majority the details of views, for and against, shall be recorded in the minutes. (11) A representative of the Ministry not below the rank of Director or Scientist ‘E’ or equivalent shall function as Member-Secretary of the Committee. (12) EAC shall meet at least once every month. (13) Ministry shall issue the procedure to be followed for constitution of the EAC, from time to time. 7. State Level Environment Impact Assessment Authority or Union Territory Level Environment Impact Assessment Authority: - (1) The SEIAA or UTEIAA shall comprise of three Members including a Chairman or Chairperson and a Member-Secretary. The Member-Secretary shall be a serving officer of the concerned State Government or Union Territory administration, not below the rank of Director or equivalent in the State Government or Union Territory. The Member-Secretary is expected to be, familiar with environment laws. (2) The tenure of the SEIAA or UTEIAA shall be three years. However and wherever considered necessary and expedient, Ministry may extend the tenure of existing authority for a period of not more than three months. Page 11 of 83 (3) The Chairman or Chairperson shall be an eminent person having experience in environment policy related issues or in management or in public administration dealing with various developmental sectors. The qualification, age and experience shall be as per the criteria given in sub-clause (1) of clause 6 of this notification. (4) The maximum tenure of the non-official member including Chairman or Chairperson, shall be for two terms of three years each or part thereof either in any of Appraisal Committee or Authority. Chairman or Chairperson and member shall not serve simultaneously in more than one authority or committee constituted under this notification. (5) The tenure of Chairman or Chairperson and members may not be curtailed arbitrarily prior to expiry of the tenure, without cause and proper enquiry conducted by the concerned State or Union Territory. (6) The State Government or Union Territory administration shall forward the names of the Members and the Chairman to the Ministry, at least, forty-five days before expiry of the tenure of existing authority, and the Ministry shall constitute the SEIAA or UTEIAA, as an authority for the purposes of this notification, before expiry of the tenure of existing authority. (7) In case the State Government or Union Territory administration fails to forward the names of the Members and the Chairman to the Ministry forty-five days before expiry of the tenure of the existing authority, the Ministry shall constitute the SEIAA or UTEIAA, as an authority, for the purposes of this notification, without referring to State Government or Union Territory administration. (8) All decisions of the SEIAA or UTEIAA shall be taken in a meeting and shall ordinarily be unanimous. Provided that, in case a decision is taken by majority, the details of views, for and against shall be clearly recorded in the minutes and a copy thereof sent to Ministry. (9) SEIAA or UTEIAA shall meet at least once in every month. 8. State or Union Territory or District Level Expert Appraisal Committee:- (1) The qualification, age and experience of chairman or chairperson or members of the SEAC or UTEAC or DEAC shall as per the criteria given in sub-clause (1) of clause 6 of this notification. (2) The other criteria and functions of the SEAC or UTEAC or DEAC shall as per the criteria given in sub-clause (2) to sub-clause (10) of clause 6 of this notification. (3) A representative of the State Government or Union Territory administration, not below the rank of Director or equivalent in the State Government or Union Territory shall function as Secretary of the Committee, in case of the SEAC or UTEAC. (4) An officer of the State Pollution Control Board or Union Territory Pollution Control Committee shall function as Secretary of the DEAC. Page 12 of 83 (5) The DEAC shall be reconstituted after every three years by the SEIAA or UTEIAA based on the names forwarded by the District Administration or State Government or Union Territory Administration. (6) The SEAC or UTEAC shall be reconstituted after every three years through a gazette notification by the Central Government. Wherever considered necessary and expedient, Ministry may extend the tenure of existing committee for a period, not more than 3 months. (7) The State Government or Union Territory Administration shall forward the names of the Members and the Chairman to the Ministry, at least, 45 days before expiry of the tenure of existing SEAC or UTEAC and the Ministry shall constitute the SEAC or UTEAC for the purposes of this notification before expiry of the tenure of existing committee. (8) In case the State Government or Union Territory Administration fails to forward the names of the Members and the Chairman to the Ministry, before 45 days of expiry of the tenure of the existing SEAC or UTEAC, the Ministry shall constitute the SEAC or UTEAC as an Appraisal Committee for the purposes of this notification, without referring to State Government or Union Territory administration. (9) In case the District Administration or State Government or Union Territory Administration fails to forward the names of the Members and the Chairman of DEAC to the SEIAA or UTEIAA, as the case may be, before 45 days of expiry of the tenure of the existing DEAC, the SEIAA or UTEIAA, as the case may be, shall constitute the DEAC as an Appraisal Committee for the purposes of this notification, without referring to District Administration or State Government or Union Territory Administration. (10) Further, in case the respective SEIAA or UTEIAA, as the case may be, fails to constitute DEAC within the time period notified by the ministry from time to time, the Ministry shall constitute the relevant DEAC, comprising of members as deemed appropriate, for such period (not less than 6 months) till the time the respective SEIAA or UTEIAA, as the case may be, does not constitute the respective SEAC. (11) The Ministry may constitute more than one SEAC or UTEAC for the State or Union Territory for reasons of administrative convenience and expeditious disposal of the proposals. (12) SEAC or UTEAC or DEAC shall meet at least once in every month. 9. Technical Expert Committee: - (1) A Technical Expert Committee shall be constituted by the Central Government under sub-section (3) of section 3 of the Environment (Protection) Act, 1986 comprising maximum of 10 members including chairman/chairperson and member-secretary. (2) The Technical Expert Committee shall undertake categorization or re-categorization of projects on scientific principles including any streamlining of procedures, other tasks assigned to the committee for the purpose this notification, by the Ministry from time to time. Page 13 of 83 (3) The tenure of the committee shall be five years. (4) The authorized members of Technical Expert Committee may visit any site connected with any project or activity for the purpose of assessing the environment impact involved in the project, with prior notice of at least seven days to the project proponent by the Ministry. 10. Stages in the Prior Environment Clearance or Prior Environment Permission Process:- (1) The Prior Environment Clearance process for Category ‘A’ or Category ‘B1’ will comprise of a maximum of six stages. However, the applicability of such stages for particular case or class of cases is set forth in this notification. The six stages, in sequential order, are: Stage (1): Scoping; Stage (2): Preparation of Draft EIA Report; Stage (3): Public Consultation; Stage (4): Preparation of Final EIA; Stage (5): Appraisal; and Stage (6): Grant or Rejection of Prior Environment Clearance. (2) The Prior Environment Clearance process for Category ‘B2’ that are required to be placed before Appraisal Committee as specified in the Schedule, will comprise of a maximum of three stages. The three stages, in sequential order, are: Stage (1): Preparation of EMP Report; Stage (2): Appraisal; Stage (3): Grant or Rejection of Prior Environment Clearance. (3) The Prior Environment Permission process for Category ‘B2’ that are not required to be placed before Appraisal Committee as specified in the Schedule, will comprise of a maximum of two stages. The two stages, in sequential order, are: Stage (1): Preparation of EMP Report; Stage (2): Verification of completeness of the application by the Regulatory Authority; and Stage (2): Grant or Rejection of Prior Environment Permission. Provided that the ACO preparing the EMP and the Project Proponent, shall be responsible for the adequacy of the EMP. Provided further that the EMP Report is kept on record and the Regulatory Authority reserves the right to prescribe additional measures for the project. Page 14 of 83 11. Process of application for Prior Environment Clearance or Prior Environment Permission, as the case may be: - (1) The project proponent seeking prior-EC or prior-EP, as the case may be, for the project listed in the schedule, shall make an application, through notified online portal, in the respective form(s), mentioned against each stage. No off-line application shall be entertained. Stage / Forms Supplemented with Applicability Regulatory Authority Purpose Scoping Form-1 Prefeasibility report All projects under Category Ministry: For the projects under ‘A’ and Category ‘B1’. Category ‘A’ and Category ‘B1’ (those which attracts the General Conditions); and SEIAA or UTEIAA, as the case may be: For the projects under Category ‘B1’ (those which do not attract the General Conditions) and Category ‘B2’. Public Simple (i) At least 10 hard All projects as given in sub- Member Secretary of SPCB / consultat letter copies and a soft clause (1) of clause 14 of this UTPCC concerned. ion addresse (electronic) copy of notification d the Draft EIA Report prepared in English; and (ii) At least 10 hard copies of summary of EIA Report in English and in the official language of the State or Union Territory or Regional language. Appraisa Form-1 (i) Form-1A; and All projects mentioned at SEIAA or UTEIAA, as the case l (ii) Conceptual plan column (5) under item 42 and may be 43 of the schedule. Form-1 (i) Form-1B2; All projects falling under SEIAA or UTEIAA, as the case (ii) EMP; Category ‘B2’. may be. (iii) Final Layout plan; (iv) Feasibility Report or Mining plan in case of mining projects; (v) District Survey Report in case of mining of minor minerals; and (vi) Cluster certificate in case of cluster situation. Page 15 of 83  Form-2 (i) Final EIA Report; All projects falling under Ministry: For the projects under (ii) Copy of Category ‘A’ or Category Category ‘A’ and Category ‘B1’ Feasibility Report or ‘B1’. (those which attracts the General Approved Mining Conditions); Plan in case of mining projects; SEIAA or UTEIAA, as the case (iii) Copy of final may be: For the projects under layout plan; Category ‘B1’ (those which do (iv) Public not attract the General consultation Conditions) and Category ‘B2’ proceedings; (v) District Survey Report in case of mining of minor minerals; and (vi) Cluster certificate in case of cluster situation; and (vii) Certificate of compliance of conditions earlier prior-EC or prior-EP, as the case may be, issued by the Component Authority in case of expansion or modernization proposals; and (vii) Other pre- requisites as specified at sub-paragraph (5) of paragraph 17 of this notification. (2) The schematic representation of process in respect of prior-EC or Prior-EP, as the case may be, is given at Appendix-XIV 12. Scoping:- (1) All projects listed under Category “B2” of the Schedule shall not require Scoping. (2) To facilitate due diligence by the Project Proponent including collection of primary or secondary data, as the case may be, even before filing of application for grant of ToR or prior-EC or prior-EP, sector wise Standard ToR developed by the Ministry, from time to time, shall be displayed on the website of the Ministry. (3) The Standard ToR shall be issued to the following projects through online mode, on acceptance of application within 7 working days, without referring to Appraisal Committee by the Regulatory Authority: (a) All Highway projects in Border Areas covered under entry (i) and (ii) of columns (3) and (4) against item 38 of the Schedule; (b) All projects, proposed to be located in notified industrial estates and which are not disallowed in such notification; Page 16 of 83  (c) All expansion proposals of existing projects having earlier Prior Environment Clearance; (d) All Building construction and Area development projects covered under entries of column (4) against item 42 and 43 of the Schedule. Provided that Appraisal Committee shall be informed regarding issuance of standard ToR for a project. The Appraisal Committee may recommend specific ToR in addition to the Standard ToR, if found necessary for that project, within 30 days from the issue of Standard ToR. (4) All new projects other than specified in sub-paragraph (3) above, shall be referred to the Appraisal Committee by the Regulatory Authority within 30 days from the date of application, for recommending the specific ToR in addition to the Standard ToR, if deemed necessary. In case, the Regulatory Authority does not refer the matter to the Appraisal Committee within 30 days of date of application in Form-I, sector specific Standard ToR shall be issued, online, on 30th day, by the Regulatory Authority. (5) Applications for ToR may be rejected by the Regulatory Authority concerned on the recommendation of the Appraisal Committee. In case of such rejection, the decision together with reasons for such rejection, shall be communicated to the Project Proponent in writing after due personal hearing within sixty days of the receipt of the application. (6) The project proponent shall prepare the EIA report based on the sector specific Standard ToR as well as specific ToR, if any, stipulated by the Appraisal Committee. (7) The Terms of Reference for the projects except for River valley projects, issued by the regulatory authority concerned, shall have the validity of four years from the date of issue. In case of the River valley projects, the validity will be for five years. (8) In case of any change in the scope of the project, for which the ToR was prescribed by the Regulatory Authority, an application shall be made by the project proponent, online, in Form-3, for amendment in ToR within the validity of the ToR and before public consultation. All such proposals may be referred to the Appraisal Committee, if required, within 30 days from the date of application. However, the validity of the amended ToR will be counted from the date of issue of earlier ToR. (9) In case, more than one proposal is received for the same land or having land overlapping with the other project(s), in part or full for which, ToR or prior-EC or prior-EP, have already been granted to some other project, all such cases will be kept on hold. The Regulatory Authority will make written communication to the Chief Secretary of the Concerned State or Union Territory and the decision will be taken based on the advice of the State Government or Union Territory administration. 13. Preparation of Environment Impact Assessment Report:- (1) Baseline data shall be collected as per the protocols specified in the sector specific EIA Guidance manuals issued by the Ministry or prescribed by CPCB from time to time. (2) Baseline data shall be collected for one season other than monsoon for EIA Report in respect of all projects other than River Valley projects. However, the baseline data of Page 17 of 83  monsoon season shall also be required to be collected, in case of such requirement being prescribed by the Appraisal Committee while granting the ToR. (3) Baseline data shall be collected for one year including monsoon for EIA Report in respect of River Valley projects. (4) The collection and analysis of baseline data shall be carried through an environment laboratory duly notified under Environment (Protection) Act, 1986. (5) The secondary data available shall also be considered as baseline for the projects proposed beyond 12 Nautical Miles. (6) Baseline data, referred in sub-clause (1) to (5) above, can be collected at any stage, irrespective of the application for the scoping. However, such baseline data shall not be older than three years at the time of submission of draft EIA Report to the SPCB or UTPCC for Public Consultation. (7) The post-project monitoring data collected through an environment laboratory duly notified under Environment (Protection) Act, 1986 shall also considered for expansion or modernization of the projects. (8) The EIA Report shall be prepared as per the generic structure given at Appendix-X, by the project proponent through an ACO, which are accredited for a particular sector and the category of project for that sector. (9) Draft EIA report shall be prepared for the purpose of public consultation and Final EIA Report for the purpose of appraisal. (10) Disclosure of the accredited EIA Consultant Organization along with the EIA Coordinator and Functional Area Expert(s) involved in the environment impact assessment shall be included in the EIA Report in the format specified at Appendix- XIII and they are accountable for the contents or data provided therein in addition to the project proponent. (11) No EIA Report shall be required for the projects listed under Category ‘B2’. However, EMP Report as per the generic structure given at Appendix-XI shall be prepared through ACO and submitted along with the application. 14. Public Consultation: (1) The public consultation shall ordinarily have two components comprising of: a. A public hearing at the site or in its close proximity, district wise in case of the project area located in more than one district, to be carried out in the manner prescribed in the notification, for ascertaining concerns of local affected persons; b. Inviting responses in writing from other concerned persons having a plausible stake in the environmental aspects of the project; c. In addition, if required, based on the nature of project, public consultation through any other appropriate mode may be recommended by the Appraisal Committee, or the Regulatory Authority, on case to case basis; Page 18 of 83  However, the Regulatory Authority may decide on the feasibility and requirement of Public Hearing and/or consultation in the case of defence projects being considered under sub-clause (7) of clause 5 of this notification. (2) All Category ‘A’ and Category “B1” projects of new or expansion proposals or modernization with capacity increase more than 50 percent shall undertake Public Consultation. Provided, the public consultation is exempted for the following:- a. modernization of irrigation projects falling under the item 4 of the Schedule; b. all projects falling under items 10(f), 16, 17, 19, 20, 21, 23, 24, 25, 27, 36, 40 of the schedule located within Notified Industrial Estates; c. all projects falling under item 42 and 43 of the schedule; d. all Category ‘B2’ projects and activities; e. all projects concerning national defence and security or involving other strategic considerations as determined by the Central Government; f. all linear projects under item 31 and 38, in Border Areas. g. All the off-shore projects located beyond the 12 Nautical Miles Provided further, that in all the projects under item 31 of the schedule, the public consultation shall be limited to the district (s), where the National Park or Sanctuary or Coral Reef or Ecological Sensitive Area is located. (3) Where a public consultation through public hearing is required, the project proponent shall submit a request letter in the specified format as given at Appendix-I to the concerned Member Secretary of SPCB or UTPCC, as the case may be, in whose jurisdiction the project is located, along with at least 10 hard copies and a soft (electronic) copy of the Draft EIA Report prepared in English; and at least 10 hard copies of summary of EIA Report in English and in the official language of the State or Union Territory or Regional language. (4) In case the project site is covering more than one District or State or Union Territory, the project proponent shall make separate requests to each concerned SPCB or UTPCC for holding the public hearing as per the procedure. (5) The public consultation shall be undertake, specific to the project, as per the procedure given at Appendix-I. (6) The public hearing including submission of proceedings of public hearing to the concerned Regulatory Authority, shall be completed by the SPCB or UTPCC concerned within a period of forty working days from date of receipt of the request letter from the project proponent. (7) In case the SPCB or UTPCC concerned does not undertake and complete the public hearing within the specified period, as above, the Regulatory Authority shall engage Page 19 of 83  another public agency or authority which is not subordinate to the Regulatory Authority, to complete the process within a further period of forty working days, as per procedure laid down in this Notification. (8) If the public agency or authority nominated under the sub-clause (7) above reports to the Regulatory Authority concerned that owing to the local situation, it is not possible to conduct the public hearing in a manner which will enable the views of the concerned local persons to be freely expressed, it shall report the facts in detail to the concerned Regulatory Authority, which may, after due consideration of the report and other reliable information that it may have, decide that the public consultation in the case need not include the public hearing. (9) For obtaining responses in writing from other concerned persons having a plausible stake in the environment aspects of the project, the concerned SPCB or UTPCC shall invite responses from such concerned persons by placing the Summary EIA report prepared by the applicant along with a copy of the application in the prescribed form, on their website, within ten days of the receipt of a written request for arranging the public hearing. Confidential information including non-disclosable or legally privileged information involving Intellectual Property Right, source specified in the application shall not be placed on the web site. The Regulatory Authority concerned may also use other appropriate media for ensuring wide publicity about the project. The Regulatory Authority shall, however, make available on a written request from any concerned person the Draft EIA report for inspection at a notified place during normal office hours till the date of the public hearing. All the responses received as part of this public consultation process shall be forwarded to the project proponent through the quickest available means. (10) After completion of the public consultation, a copy of proceedings of public hearing will also be provided to the project proponent. The project proponent shall address all the material environment concerns expressed during this process, and make appropriate changes including mitigation plan in the draft EIA Report and the EMP. The final EIA report, so prepared, shall be submitted by the project proponent to the concerned Regulatory Authority for appraisal. 15. Appraisal: - (1) The application, submitted by the project proponent, shall be scrutinized within fifteen working days from the date of its receipt, strictly with reference to the ToR prescribed for the project by the concerned Regulatory Authority. The inadequacies in the application shall be communicated online, or completed application shall be accepted online. (2) Every application, except for the matters falling under Category ‘B2’ unless specifically mentioned against the item in the schedule, accepted by the Regulatory Authority, shall be placed before the Appraisal Committee and its appraisal shall be completed within forty-five working days of the acceptance of the application. The recommendations of the Appraisal Committee, through the minutes of meeting, shall be displayed on the website of the concerned Regulatory Authority. (3) Every application for the matters falling under Category ‘B2’ unless specifically mentioned against the item in the schedule, on acceptance of application by the Page 20 of 83  Regulatory Authority, shall be issued prior-EP through online system appending standard conditions applicable to those projects within fifteen working days from the date of application. In case of rejection of the application shall inform reasons for the same. (4) The appraisal in respect of cases, as per the sub-clause (2) of clause 15 of this notification, shall be made by Appraisal Committee in a transparent manner in a proceeding to which the project proponent shall be invited for furnishing necessary clarifications in person or through an authorized representative (not below the level of officer in Board of Directors) or through video conference. The project proponent may take assistance of the EIA Coordinator and Functional Area Expert(s) involved in the preparation of EIA report during appraisal, before the committee. On conclusion of this proceeding, the Appraisal Committee shall make categorical recommendations to the Regulatory Authority concerned either for grant of prior-EC on stipulated terms and conditions, or rejection of the application for prior-EC, together with reasons for the same. (5) In case the project is recommended for grant of prior-EC, then the minutes shall clearly list out the specific environment safeguards and conditions. In case the recommendations are for rejection, the reasons for the same shall also be explicitly stated. (6) The project proponent shall be informed at least ten days prior to the scheduled date of meeting of the Appraisal Committee, through online system regarding consideration of the proposal and agenda of the meeting. (7) No fresh studies shall be sought by the Appraisal Committee at the time of appraisal, unless new facts come to the notice of the Appraisal Committee and it becomes inevitable to seek additional studies from the project proponent and same shall be clearly reflected in the minutes of the meeting. (8) In case of the projects under column (4) of Item 42 of the Schedule having provisional certificate of Green Building, the proposals shall be considered on priority. (9) Ministry shall issue guidelines for the Corporate Environment Responsibility from time to time, envisaging slabs for new projects; expansion projects; modernization projects, proposed to be located in Critically Polluted Areas, Severely Polluted Areas, Other Areas, etc. (10) The proposal shall be placed before the Competent Authority within fifteen working days from the date of display of minute of the meeting of the Appraisal Committee for final decision. (11) The Competent Authority within another fifteen working days shall take final decision. 16. Procedure for grant of Prior Environment Clearance for modernization: - (1) All applications seeking prior-EC for modernization within the existing premises or mine lease area, as the case may be, in respect of projects listed in the schedule, shall be subjected to the requirements as per matrix given hereunder:- Page 21 of 83  Slab Intended increase Applicatio Requirem Requirement Requirement Whether refer Requirement s in production n in form ent of of revised of revised to Appraisal of Public capacity through through Scoping EIA report EMP Committee Consultation modernization online portal (1) (2) (3) (4) (5) (6) (7) (8) I Modernization Form-2 No No No No No without increase in the production capacity II Up to 10 percent Form-2 No No Yes No No III More than 10 and Form-2 No No Yes Yes No up to 25 percent IV More than 25 and Form-2 No Yes Yes Yes No up to 50 percent V More than 50 Form-I Yes Yes Yes Yes Yes (as per percent clause 14) (2) The requirement, as per the matrix, shall apply to cumulative increase in production capacity taking reference to the latest prior-EC (including prior-EC under ‘expansion’ category) issued to the project without involving relaxation under this clause E.g. if prior-EC has been issued for a production capacity of ‘X’ units, an application for grant of prior-EC for modernization can be considered under different slabs as per the following:- Prior-EC (say, granted on 1/1/2016) Production capacity :X Sl Cumulative Date Applicable Stage Reason production Slab 1 X I -- Modernization without increase in the production capacity 2 Up to 1.1 X 1/12/2020 II 1st New production is 1.1X (X: modernization Production level for which Prior-EC has been granted) 3 Up to 1.2X 1/06/2021 III 2nd New production is 1.2 times the modernization production for which Prior-EC was granted (X). This is notwithstanding the fact that the proposed production is less than 10% of 1.1X (which was approved previously at 1st modernization stage) rd 4 Up to 1.4X 1/06/2022 IV 3 New production is 1.4 times the Modernization production for which Prior-EC was granted (X). This is notwithstanding the fact that the proposed production is less than 25% of 1.2X (which was approved previously at 2nd modernization stage) (3) However, the prior-EC issued in terms of Slab (V), shall be deemed to be granted under the ‘expansion’ category Page 22 of 83 (4) Provisions of sub-clause (2) above, shall not be applicable for the projects - (a) falling under Category ‘B2’ and converting to Category ‘B1’ or Category ‘A’ by virtue of modernization; and (b) public hearing was not conducted during life time of the project for which public hearing was applicable as per the EIA Notification(s); (5) All applications for prior-EC, for the proposals intended for modernization without increase in the production capacity or increase in production capacity up to 10 percent with respect to prior-EC granted earlier shall be issued online, on acceptance of application by the Regulatory Authority. (6) All applications for prior-EC, for the proposals intended for increase in production capacity from 10 percent to 50 percent with respect to prior-EC granted earlier shall be considered by the Appraisal Committee within forty-five working days from the date of application and appraised accordingly for grant of prior-EC. (7) ‘No increase in pollution load’ certificate issued by the SPCB or UTPCC on recommendation of Technical Committee constituted under Air (Prevention and Control of Pollution) Act, 1981 or Water (Prevention and Control of Pollution) Act, 1974, shall also be considered in place of EIA and EMP required under column (5) and column (6) of the table given at sub-clause (1) above. 17. Grant or Rejection of Prior Environment Clearance: - (1) The Regulatory Authority shall consider the recommendations of the Appraisal Committee and convey its decision to the project proponent within thirty working days of the minutes of meeting of the Appraisal Committee or within ninety working days of the receipt of the complete application with requisite documents, except as provided below. (2) The Regulatory Authority shall normally accept the recommendations of the Appraisal Committee. In cases where it disagrees with the recommendations of the Appraisal Committee, the Regulatory Authority shall request reconsideration by the Appraisal Committee within forty-five working days of the minutes of meeting of Appraisal Committee while stating the reasons for the disagreement. An intimation of this decision shall be simultaneously conveyed to the applicant through online mode. The Appraisal Committee in turn, shall consider the observations of the Regulatory Authority and furnish its views on the same within a further period of forty-five working days. The decision of the Regulatory Authority after considering the views of the Appraisal Committee shall be final. The decision shall be conveyed to the project proponent by the Regulatory Authority concerned within the next thirty working days. (3) In the event that the decision of the Regulatory Authority is not communicated to the applicant within the period specified in sub-clause (2) above, the applicant may proceed as if the prior-EC sought for has been granted or denied by the Regulatory Authority in terms of the final recommendations of the Appraisal Committee. Page 23 of 83 (4) On expiry of the period specified for decision by the Regulatory Authority under sub- clause (2) above, the decision of the Regulatory Authority, and the final recommendations of the Appraisal Committee shall be public documents. (5) Clearances from other regulatory bodies or authorities shall not be required prior to receipt of applications for prior-EC or prior-EP, as the case may be, or scoping, or appraisal, or decision by the Regulatory Authority Concerned, except:- (a) Approval of mining plan from the Competent Authority, in case of mining projects; (b) In-principle approval for diversion of Forestland under Forest (Conservation) Act, 1980 (Act number 6 of 1980) involved in the project; (c) Recommendations of State or Union Territory Coastal Management Authority, in case of the project located in the CRZ or ICRZ area; and (d) While full acquisition of land may not be pre-requisite for the consideration of proposal for prior-EC, in case of land with respect to project site(s) proposed to be acquired through Government intervention, a copy of preliminary notification issued by the concerned state government or union territory administration regarding acquisition of the land as per the provisions of Land Acquisition, Rehabilitation and Resettlement, Act, 2013 (Act number 30 of 2013) as amended from time to time shall be required. In case of land is being acquired through private negotiations with the land owners, credible document showing the intent of the land owner to sell the land for the proposed project shall be required. In case of mining projects, ‘Letter of Intent’ shall be considered as a credible document. (6) Concealment and/or submission of false or incorrect or misleading information or data by the project proponent or ACO or EIA Coordinator or Functional Area Expert involved in the preparation of EIA Report, which is material to scoping or appraisal or decision on the application including EIA or EMP Report, shall make the application liable for rejection, and cancellation of prior-EC or prior-EP, as the case may be, granted on that basis. Rejection of an application or cancellation of a prior-EC or prior-EP, as the case may be, already granted, on such ground, shall be decided by the Regulatory Authority, after giving a personal hearing to the project proponent, and following the principles of natural justice. (7) Cognizance of the false or incorrect or misleading information or data by the project proponent or ACO or EIA Coordinator or Functional Area Expert involved in the preparation of EIA Report, Ministry shall take appropriate action including black listing of organization or individual responsible. (8) Where any lease or license or right or permission or authorization granted by the Government in respect of a project or activity is cancelled either in any legal proceedings or by Government in accordance with law and the said lease or license or right or permission or authorization in respect of that project is granted to any other person or successful bidder then, in case of:- Page 24 of 83  (a) Specific enactment on the aforesaid subject under any law for the time being in force: The provisions of such law shall be applicable; and (b) No specific enactment on the aforesaid subject under any law for the time being in force: Legal person entitled to undertake the project or successful bidder selected by the Government in accordance with law shall make an application in Form - 6 as given in Appendix-VI of this notification, for grant of prior-EC. All such applications shall be considered by the Appraisal Committee considering the existing EIA Report and the prior-EC granted earlier. The Appraisal Committee may recommend for grant of prior-EC subject to the same validity period, terms and conditions, as was initially granted. However, the Appraisal Committee may stipulate case specific additional conditions to such projects as deemed necessary. 18. Amendment in prior-EC or prior-EP: - (1) The project proponent shall make an online application in Form-4 to the Regulatory Authority concerned on the designated portal regarding any change in the terms and conditions of prior-EC or prior-EP, as the case may be. (2) All the applications for amendment in prior-EC shall be considered by the Appraisal Committee within forty-five working days from the date of application and appraised for recommendation of amendment in prior-EC. (3) All the applications for amendment in prior-EP shall be considered by the Regulatory Authority within twenty working days from the date of application and approved amendment in prior-EP shall be issued accordingly. (4) Any shift in the project site location after conduct of public consultation or grant of prior-EC will be deemed to be a new proposal and will be appraised de-novo, as per the procedure prescribed, unless the Appraisal Committee is satisfied that the shift is so minor as to have no change in the EIA Report. On recommendation of the Appraisal Committee, the Regulatory Authority shall issue an amendment in prior-EC. (5) As long as the peak production capacity, mining lease area, mine closure conditions remain unchanged and have been put in place by the project proponent, nature and extent of mitigation measures, as committed in the prior-EC granted, are in place corresponding to the quantum of excavation being made at that point in time the project proponent can produce up to a maximum of peak production capacity permitted in the prior-EC and change in the sequence of operations of mining is also allowed. However, the project proponent shall report such change in the scheduled production and or/ sequence of operations along with corresponding mitigation measures in the periodic compliance report. Further, failures on part of mitigation measure corresponding to the quantum of production or as required in view of change in sequence of operation, shall be considered as 'non-compliance' on part of the project proponent, who shall be liable for requisite action. (6) In case of other projects, no amendment in the prior-EC or prior-EP, as the case may be, is required for change in configuration of the units or equipment or machinery, without change in overall sanctioned capacity for which prior-EC or prior-EP, as the case may be, has been granted. Page 25 of 83 (7) Change in irrigation technology that result in environmental benefits (e.g. flood irrigation to drip irrigation etc.), leading to increase in Culturable Command Area, but without increase in dam height and submergence, shall not require amendment in the prior-EC or prior-EP, as the case may be. 19. Validity of Prior Environment Clearance or Prior Environment Permission: - (1) The validity of period of the prior-EC or prior-EP, as the case may be, involves three phases of the project: (a) Construction or Installation Phase; (b) Operational Phase; and (c) Redundancy or Closure or Dismantling Phase I. Construction or Installation Phase: The construction or installation phase means period from the date of grant of prior-EC or prior-EP, as the case may be, by the Regulatory Authority to:- (a) Completion of all construction activities, in case of construction projects (item 42 and 43 of the Schedule), to which the application for prior-EC or prior-EP, as the case may be, refers; and / or (b) Completion of installation of plant and machinery including commencement of production operations in all other cases (other than item 1, 42 and 43 of the schedule), to which the application for prior-EC or prior-EP, as the case may be, refers; (c) Project life as estimated by the Appraisal Committee subject to a maximum of fifty years or up to the period of validity of mining lease; whichever is earlier. The period of validity of the prior-EC for construction and / or installation phase shall be: (d) Mining projects: Project life as estimated by the Appraisal Committee subject to a maximum of fifty years; or up to the period of validity of mining lease; whichever is earlier, subject to commencement of mining activities within ten years from the date of grant of prior-EC or prior-EP, as the case may be; (e) River valley projects (item 3 of the Schedule) or Irrigation projects (item 4 of the Schedule) or Nuclear Power Projects and processing of nuclear fuel (item 6 of the Schedule): Fifteen years; (f) All other projects: Ten years. Provided that the period of insolvency resolution process of companies before the National Company Law Tribunal or period of prohibition or restriction on the construction and/or installation of the project, by any other tribunal or court or moratorium imposed under any authority shall be excluded for calculating the period of validity of the prior-EC or prior-EP, as the case may be, specified above, subject to maximum of three years Page 26 of 83  II. Operational Phase:- The validity of the operational phase shall lapse if the construction and / or installation, as the case may be, is not completed within the corresponding validity period as per the sub-clause (2) and (3) of clause (19) of this notification. Subject to the provisions of sub-clause (2) of clause (19) of this notification, validity of the prior-EC or prior-EP, as the case may be, for the operational phase of projects, except mining, shall be: (a) Perpetual for the remaining life of the project; (b) Confined to the completed project, it is clarified that and only completed part of the project shall be considered as perpetual for the remaining life of the project where the project is implemented partially, within the period specified above. (2) Validity of the prior-EC, or prior-EP, as the case may be, in the case of Area Development projects, shall be limited only to such activities as may be the responsibility of the project proponent as a developer. (3) In case of the mining projects that have operated below the capacity granted in the prior-EC or prior-EP, as the case may be, and reserves are not exhausted within the project life as estimated by the Appraisal Committee, the validity period of the prior- EC may be extended, on recommendation of the Appraisal Committee for the same production capacity and mining lease area for which prior-EC or prior-EP, as the case may be, was granted. However, the validity of the prior-EC or prior-EP, as the case may be, shall not be more than the period of mining lease. 20. Monitoring of post project prior-EC or prior-EP: - (1) The project proponent shall prominently advertise, at his own cost in at least two local newspapers, the fact that the project has been accorded prior-EC or prior-EP, as the case may be, along with the details of website of Regulatory Authority, where the copy of prior-EC or prior-EP, as the case may be, shall be displayed. Copy of the prior-EC or prior-EP, as the case may be, shall also be displayed permanently on the website of the company and relevant project. (2) The Regulatory Authority shall place the prior-EC or prior-EP, as the case may be, in the public domain on its designated portal. (3) The copies of the prior-EC shall be submitted by the project proponents to the following authorities within thirty days of grant of clearance, who in turn have to display the same for thirty days from the date of receipt: (a) District Magistrate / District Collector / Deputy Commissioner/s; (b) Zila Parishad or Municipal Corporation or Panchayats Union; (c) District Industries Office; (d) Urban Local Bodies (ULBs) / Panchayati Raj Institutions concerned / Development authorities; (e) Concerned Regional Office of the Ministry; and (f) Concerned Regional office of SPCB or UTPCC. Page 27 of 83 (4) It shall be mandatory for the project proponent to submit compliance reports in respect of conditions stipulated in prior-EC or prior-EP, as the case may be, pertaining to previous financial year by 30th June, online through the designated portal. The yearly compliance report shall be submitted, each year, from the date of grant of prior-EC, till the project life, to the Regulatory Authority concerned. However, Regulatory Authority can seek such compliance reports at more frequent intervals, if deemed necessary. (5) In case of failure to submit yearly compliance reports in respect of the conditions stipulated in prior-EC or prior-EP, as the case may be, pertaining to previous financial year by 30th June, of the relevant financial year, a late fee of Rs. 500/- per day in case of Category ‘B2’ projects; Rs. 1000/- per day in case of Category ‘B1’ projects; and Rs. 2,500/- per day in case of Category ‘A’ projects shall be levied. If such non- submission of the compliance reports in respect of the stipulated conditions in prior- EC or prior-EP, as the case may be, conditions continue for a period of consecutive three years, the prior-EC or prior-EP, as the case may be, shall be deemed to have been revoked without any notice in this regard. (6) All the compliance reports submitted by the project proponent shall be available on the website of the concerned Regulatory Authority. (7) The latest compliance report shall also be displayed on the web site of the project proponent. (8) The compliance monitoring of conditions prescribed in respect of prior-EC, for Category ‘A’ projects shall be carried out by the Regional office of the Ministry or Regional Directorate of CPCB. The monitoring report shall be uploaded on the designated web portal within fifteen days from the date of inspection. (9) The compliance monitoring of conditions prescribed in respect of prior-EC, for Category ‘B1’ and prior-EP for Category ‘B2’ projects, shall be carried out by the SPCB or UTPCC. The monitoring report shall be uploaded on the designated web portal within fifteen days from the date of inspection. (10) Notwithstanding above provisions, to supplement the efforts of the Ministry for monitoring through Regional office of the Ministry, Regional Directorate of CPCB, SPCB or UTPCC, the Ministry may empanel government institutions of national repute for carrying out compliance monitoring of conditions of prior-EC or prior-EP, as the case may be, of projects in a random manner. (11) The compliance monitoring shall be done inter-alia against the baseline information available in the EIA Report as appraised by Appraisal Committee, terms and conditions of the prior-EC or prior-EP, as well as other provisions, as may be specified by the Ministry, from time to time. 21. Transferability of Prior-EC or Prior-EP: - (1) A prior-EC or prior-EP, as the case may be, granted for a specific project to a project proponent may be transferred during its validity to another legal person entitled to undertake the project on application by the transferor or by the transferee in Form-5 within one year of the date of transfer, with a written “no objection” by the transferor, Page 28 of 83  to be filed before the Regulatory Authority. The Regulatory Authority shall transfer the prior-EC, or prior-EP, as the case may be, on the same terms and conditions, under which the prior-EC or prior-EP, as the case may be, was initially granted and for the same validity period. No reference to the Appraisal Committee shall be made in such cases. (2) A prior-EC granted for a specific project may be split among two or more legal persons, entitled to undertake the project and transferred during its validity to another legal person(s) on application by the transferor in Form-5 to be filed before the Regulatory Authority within one year of the date of transfer. The regulatory authority shall transfer the prior-EC, on recommendation of the Appraisal Committee, who shall prescribe the conditions for all the projects split among the two or more legal person(s). (3) The prior-EC, granted to two or more legal persons entitled to undertake the projects, and these projects being located in the contiguous land, may be amalgamated and transferred during their validity to another legal person entitled to undertake the projects. The application shall be filed by the transferee in Form-5 with a written “no objection” by the transferor, to be filed before the Regulatory Authority applicable for the amalgamated activity, within one year of the date of transfer. The Concerned Regulatory Authority shall transfer the prior-EC, on recommendation of the Appraisal Committee, who shall prescribe the conditions for the amalgamated prior-EC. 22. Dealing of Violation cases: (1) The cognizance of the violation shall be made on the:- (a) suo moto application of the project proponent; or (b) reporting by any Government Authority; or (c) found during the appraisal by Appraisal Committee; or (d) found during the processing of application, if any, by the Regulatory Authority. (2) The cases of violation will be appraised by Appraisal Committee with a view to assess that the project has been constructed or carried at a site, which under prevailing laws is permissible or expansion has been done which can be run sustainably under compliance of environmental norms with adequate environmental safeguards; In case, finding of the Appraisal Committee is negative, closure of the project shall be recommended along with other actions under the law including directions for remediation. Also refer Appendix-XV of this notification (3) In case, where the findings of the Appraisal Committee are positive, the project under this category will be prescribed with appropriate specific Terms of Reference on assessment of ecological damage, remediation plan and natural and community resource augmentation plan in addition to the standard ToR applicable to the project. (4) The CPCB shall issue guidelines for assessment of ecological damage from time to time. Page 29 of 83 (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. Page 30 of 83 (11) The project proponent shall prepare the EIA Report as per the provisions given in clause 13 of this notification and public consultation shall be carried as per the provisions given in clause 14 of this notification. (12) The appraisal of the proposals shall be carried as per the provisions given in clause 15 of this notification. (13) The bank guarantee shall be deposited prior to the grant of Environment Clearance and will be released after successful implementation of the remediation plan and Natural and Community Resource Augmentation Plan, and after the recommendation by Regional Office of the Ministry in case of category “A” project or activities or SPCB or UTPCC, as the case may be, and approval of the Regulatory Authority. (14) Further, the action will be taken against the project proponent by the respective State Government or Union Territory Administration or SPCB or UTPCC, as the case may be, under the provisions of section 19 of the Environment (Protection) Act, 1986. (15) Further, no consent to operate or occupancy certificate for the violation component of the project will be issued till the project is granted the Environmental Clearance. If the project has been issued Consent to Operate or Occupancy Certificate without prior-EC or prior-EP, as the case may be, the same shall be considered as provisional and shall expire within six months of reporting the violation for the projects do not required to undergo public consultation as per the sub-clause (2) of the clause 14 of this notification; and one year for the projects required to undergo public consultation, unless application for prior-EC has been filed along with the EIA Report or EMP, as the case may be, within such period. 23. Dealing of Non-compliances:- (1) The cognizance of the non-compliance of conditions of prior-EC or prior-EP, as the case may be, shall be made based on the suo moto reporting by the project proponent or reporting by any Government Authority or found during the appraisal of Appraisal Committee or during the processing of application if any by the regulatory authority. (2) The non-compliances of conditions of prior-EC in respect of Category “A” projects shall be referred to the Expert Committee constituted for the purpose by the Ministry, at central level. (3) The reported non-compliances of conditions of prior-EC in respect of Category “B” projects shall be referred to the Expert Committee constituted for the purpose by the Ministry, at state level. (4) In the absence of duly constituted Expert Committee, the respective Appraisal Committee shall function as Expert Committee. (5) The expert committee shall deliberate on the non-compliances reported in a transparent manner in a proceeding to which the project proponent shall be invited for furnishing necessary clarifications in person or through an authorized representative or through video conference, to be decided by the Regulatory Authority. (6) On conclusion of the proceeding, the Expert Committee shall make categorical recommendations to the project proponent for time bound action plan for compliance Page 31 of 83  of the conditions of prior-EC conditions and the amount of the bank guarantee deposited as an assurance for the purpose of compliance with the SPCB or UTPC