Green nods eased in five years...
The decision was challenged in the National Green Tribunal (NGT) because experts said district authorities lacked expertise in assessing the environmental impact of mining.
On March 20, 2015, the environment ministry issued an office memorandum saying a project proponent will not require a fresh environmental clearance at the time of renewal of its mining lease if it already has a clearance.
The ministry, in April 2016, also extended the validity of green clearances granted to projects depending on when they were granted the approvals.
In March 2017, norms for thermal power plants were relaxed. Environmental clearances for thermal power plants,
including the so-called ultra mega power plants capable of generating 4,000 megawatts or more of electricity, can be considered and granted without linking it to prior environmental clearance and Stage 1 forest clearance for the linked coal blocks, an official memorandum said. The same year, the ministry also issued a notification under the Environment Protection Act, allowing the appraisal of projects “ex-post facto” — projects on which construction had begun without necessary environmental clearances.
Another intervention which drew criticism from environmentalists was an amendment of the EIA notification 2006 to provide for integration of environmental clearances for real estate projects in the building by-laws, virtually exempting them from environmental appraisal.
The NGT ordered a stay on the amendment, but the ministry has moved SC against the order.
“There are three set patterns which emerge in these office memoranda that significantly compromise the scope of the notification: First are exemptions from requirement of environment clearance or public hearings or both. Second is allowing all defaulters to seek post facto approvals with no threat of their operations being stopped. Third is the standardisation of environmental conditions giving less opportunity for site-specificity to define safeguards,” added Kohli. Industry executives accept that in the past five years the government has tried to standardise and simplify the process of granting environmental clearances.
“But some configurational changes are still pending. For example, the transfer of environmental clearance from one project proponent to another is not integrated yet,” said Jai Shankar Balan, assistant general manager, JSW Steel Limited, and a member of the Associated Chambers of Commerce and Industry of India.