{"id":54411,"date":"2023-04-04T16:45:59","date_gmt":"2023-04-04T11:15:59","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=54411"},"modified":"2023-04-04T16:46:01","modified_gmt":"2023-04-04T11:16:01","slug":"process-of-environment-clearance-for-ports-and-harbors","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/process-of-environment-clearance-for-ports-and-harbors\/","title":{"rendered":"Process of Environment Clearance for Ports and Harbors"},"content":{"rendered":"\n<p>To ensure\nenvironmental protection, the Ministry of Environment &amp; Forest (MoEF) has\nmandated prior environmental clearance for certain developmental projects. The <strong>MoEF<\/strong><sup><a class=\"text-primary\" href=\"https:\/\/moef.gov.in\/en\/\"><strong>[1]<\/strong><\/a><\/sup>\nissued an Office Memorandum on November 3, 2009, to outline the policy for\nexpanding existing ports and initiating new projects along the coastline. The\nvarious developmental projects and activities are categorised according to the\nEIA Notification 2006 and its amendment that includes EIA. Major sources of the\nadverse effects on account of Environment Clearance for ports can be\ncategorised into the following types:<\/p>\n\n\n\n<ul><li>Location of port<\/li><li>Construction, dredging and reclamation<\/li><li>Port operation, including ship traffic and\ndischarges<\/li><li>Cargo handling, storage, and transport<\/li><\/ul>\n\n\n\n<h2 class=\"wp-block-heading\">Process of Environment Clearance for Ports and Harbour Projects<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Screening Stage<\/h3>\n\n\n\n<p>In the\ncase of ports and harbour projects (Category B projects), screening involves\nreviewing an application submitted in Form 1 by the SEAC to determine if the\nproject needs additional environmental studies and an (EIA) report. This\ndepends on the nature and location of the project. If an EIA report is\nrequired, the project is classified as Category B1, while those that do not\nrequire an EIA report are classified as Category B2. Following are the\ndocuments and the necessary details required during the Environment Clearance\nfor ports and harbors<\/p>\n\n\n\n<ul><li>Complete postal address as mentioned in the\napplication<\/li><li>Brief description of the proposal<\/li><li>Nature of project (New\/Expansion\/Amendment\/Extension\netc.)<\/li><li>Whether the proposal was considered in earlier\nmeetings of EAC<\/li><li>Whether the proposal is part of an interlinked\nproject<\/li><li>Address of project site (Plot No.\/Village\/ Tehsil\/\nDistrict\/State)<\/li><li>Geo-coordinates of the project site<\/li><li>Area (ha)\/Length (km) of the proposed project<\/li><li>Connectivity to the site<\/li><li>Investment\/Cost of the project (Rs. in Lakh)<\/li><li>Item of Schedule to the EIA Notification, 2006<\/li><li>Landuse\/Landcover of the project site in tabular\nform<\/li><li>List to industries to be housed with the proposed\nproject site, only for projects covered under the 7(c) category of EIA\nNotification, 2006<\/li><li>Details of water bodies, impact on drainage, if\nany<\/li><li>Water requirements, sources (during construction\nand operation phases) and NOC<\/li><li>Groundwater extraction\/usage and NOC\/Clearance\nfrom CGWA\/State Ground Water Department<\/li><li>Whether the project is in Critically Polluted area\n(Yes or No. If yes, provide brief details)<\/li><li>Terms of Reference (TOR) in Environment Clearance\nfor ports<\/li><\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Scoping Stage<\/h3>\n\n\n\n<p>For\nCategory A projects, the EAC and for Category B1 projects, the SEAC are\nresponsible for determining the Terms of Reference (TOR) that address all\nrelevant environmental concerns and CRZ (Coastal Regulation Zone) issues. This\nis based on the information provided by the applicant in Form 1, site visits,\nand other relevant information available with the EAC or SEAC. The CRZ maps\nshowing the High Tide Line (HTL), Low Tide Line (LTL), and the project layout\non a 1:5000 scale map must also be submitted. The TOR is determined to prepare\na comprehensive EIA report.<\/p>\n\n\n\n<p><strong>ToR<\/strong><\/p>\n\n\n\n<p>The\nenvironmental concerns that are expected from the construction of a port or\nharbour are taken into consideration, and the TOR are created. The proponent\nmust also identify any specific issues related to the project and include them\nin the TOR to prepare the EIA report. The ToR details required are as follow<\/p>\n\n\n\n<ul><li>Public Hearing Details and Summary of issues\nraised and response\/commitments by the proponent<\/li><li>Whether the project is in the CRZ area: If yes,\nprovide details of components in CRZ area, layout on CRZ map of 1:4000 scale\nprepared by an authorised agency and appraisal by State Coastal Zone Management\nAuthority (SCZMA).<\/li><li>If the project involves foreshore facilities,\nprovide details of shoreline study, details, disposal of dredge material, cargo\nhandling with dust control measures, reclamation and oil Spill Contingent\nManagement Plan.<\/li><li>If the project involves Marine disposal, provide a\ncopy of NOC from SPCB\/PCC and details of the modelling study<\/li><li>Brief description of the Socio-economic condition\nof local people: <\/li><li>Land acquisition and R&amp;R issues involved<\/li><li>Employment potential<\/li><li>Benefits of the project<\/li><li>A brief summary of specialised Studies carried out\nfor the project as per the ToR.<\/li><li>Details of Court cases<\/li><\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Public Consultation Stage<\/h3>\n\n\n\n<p>The term\n&#8220;public consultation&#8221; refers to identifying the concerns of locally\naffected persons and others interested in the environmental impact of a project\nor activity. The purpose is to consider all relevant issues in the project\ndesign as appropriate. Public consultation is required for Environment\nClearance for ports or activities, except those related to national defence and\nsecurity or other strategic considerations determined by the central\ngovernment. Once the public consultation is complete, the applicant must\naddress all material environmental concerns expressed during this process and\nmake appropriate changes to the draft EIA and EMP. The final EIA report, which\nincludes these changes, must be submitted by the applicant to the regulatory\nauthority for appraisal. Alternatively, the applicant may submit a\nsupplementary report that addresses all concerns expressed during the public\nconsultation. For ports and harbours, public consultation is mandatory for all\nCategory A and B1 projects, except for those related to national defence and\nsecurity or other strategic considerations determined by the Central\nGovernment.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Appraisal Stage<\/h3>\n\n\n\n<p>The EAC\nor SEAC will thoroughly review the application and supporting documents,\nincluding the final EIA report and the results of any public consultations,\nsubmitted by the applicant to the authority for approval of Environment\nClearance for ports and harbors.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Post Environmental Clearance Monitoring<\/h3>\n\n\n\n<p>For\nCategory A projects, the project proponent must make the environmental\nclearance granted for their project public by advertising it in at least two\nlocal newspapers in the district or state where the project is located.\nAdditionally, it must be permanently displayed on the project proponent&#8217;s\nwebsite at their expense. For Category B projects, the project proponent must\nadvertise that the project has received environmental clearance and provide details\nof the MoEF website where it is displayed. The project management must submit\nhalf-yearly compliance reports to the regulatory authority on June 1st and\nDecember 1st of each calendar year, and these reports must be made public\ndocuments. The most recent compliance report must also be displayed on the\nregulatory authority&#8217;s website.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Transferability of Environment Clearance<\/h2>\n\n\n\n<p>During the validity period of a prior <strong><a href=\"https:\/\/corpbiz.io\/environmental-clearance\">environmental clearance<\/a><\/strong> granted to an applicant for a project or activity, the clearance can be transferred to another legal person entitled to undertake the same project or activity. This transfer is subject to the transferor or transferee applying for it and obtaining a written &#8220;no objection&#8221; from the transferor. The regulatory authority concerned may grant this transfer on the terms and conditions under which prior environmental clearance was granted initially and for the same validity period.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Conclusion<\/h2>\n\n\n\n<p>The project proponent must make public the Environment Clearance for ports or harbors and submit half-yearly compliance reports regarding the terms and conditions. The prior environmental clearance may be transferred to another legal entity entitled to undertake the project during its validity period, subject to certain conditions.<\/p>\n\n\n\n<p><strong>Also Read<\/strong>:<br><a href=\"https:\/\/corpbiz.io\/learning\/evaluation-of-environment-clearance-process-in-india\/\">Evaluation Of Environment Clearance Process In India<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>To ensure environmental protection, the Ministry of Environment &amp; Forest (MoEF) has mandated prior environmental clearance for certain developmental projects. The MoEF[1] issued an Office Memorandum on November 3, 2009, to outline the policy for expanding existing ports and initiating new projects along the coastline. The various developmental projects and activities are categorised according to [&hellip;]<\/p>\n","protected":false},"author":52,"featured_media":54412,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[3185],"tags":[3383],"acf":{"service_id":"571"},"authorName":"Suchandra Mukherjee","authorImageUrl":"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2023\/01\/MicrosoftTeams-image-52-1.jpg","authorDescription":"Suchandra is a 5th Year Law Student, pursuing Law from University of Mumbai. She has published 100+ Articles and Blogs on Legal Portals and International Multidisciplinary peer-reviewed journals. She is adept at legal research and can write fast SEO-friendly creative articles and blog posts on legal topics. She loves to paint and watch thriller movies in her free time.","postViews":3434,"readingTime":4,"_links":{"self":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/54411"}],"collection":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/users\/52"}],"replies":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/comments?post=54411"}],"version-history":[{"count":2,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/54411\/revisions"}],"predecessor-version":[{"id":54414,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/54411\/revisions\/54414"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media\/54412"}],"wp:attachment":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media?parent=54411"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/categories?post=54411"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/tags?post=54411"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}