ENVIRONMENT & CLIMATE LAWS

Environmental Clearance norm eased for construction & development projects

Ministry of Environment, Forest and Climate Change ("MOEFCC") has issued a notification for ensuring Ease of Doing Responsible Business; and streamlining the permissions for buildings and construction sector by integration of environmental condition in building bye-laws.

Now, the local authorities like Development Authorities, Municipal Corporations, may certify the compliance of the environmental conditions prior to issuance of completion certificate for a building, as applicable as per the requirements stipulated for such buildings, based on the recommendation of the environmental cell constituted in the local authority. The local authorities while integrating the environmental concerns in the building bye-laws, shall be guided by parameter such as size of the project as stipulated in the said notification. The States adopting the objectives and monitorable environmental conditions in the building bye-laws and relevant State laws and incorporating these conditions in the approvals given for building construction making it legally enforceable shall not require a separate environmental clearance from the MOEFCC for individual buildings.

The States may forward the proposed changes in their bye-laws and rules to the MOEFCC, who in turn will examine the said draft bye-laws and rules and convey the concurrence to the State Governments. When the State Governments notifies the bye-laws and rules concurred by the MOEFCC, the Central Government may issue an order stating that no separate environment clearance is required for buildings to be constructed in the States or local authority areas. The State Governments where bye-laws or rules are not framed may continue to follow the existing procedure of appraisal for individual projects and grant of environmental clearance for buildings and constructions.

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