Environmental Clearance ("EC") Requirement for Mining Lease Renewal

The Ministry of Environment & Forests ("MoEF") has issued office memorandum clarifying that the project proponent which has a valid and subsisting EC for their mining project either under the Environmental Impact Assessment ("EIA") Notification, 1994 or under the EIA Notification, 2006, would not be required to obtain fresh EC at the time of renewal of their mining lease. However, such relaxation from obtaining fresh EC at the time of renewal of the mining lease is subject to the maximum period of the maximum validity of an EC for mining lease, which is 30 years.

EC Requirement for Captive Diesel Generating Sets

MoEF vide a circular issued by it has clarified that diesel generating sets which are used for captive purpose and not supplying power to grid do not fall under Thermal Power Plant Category of EIA Notification, 2006. Thus the activity of operating diesel generating sets for captive purpose does not attract the provisions of the EIA Notification, 2006 and therefore, does require EC. However, the said activity would be governed by the emission standards notified under the Environment (Protection) rules, 1986 and guidelines issued by Central Pollution Control Board in this regard.

EC Validity for Cancelled Coal Blocks

MoEF vide a circular issued by it has amended the EIA Notification, 2006. In terms of the said amendment, now where an allocation of coal block is cancelled in any legal proceeding, or by the Government in accordance with law, the environmental clearance granted in respect of such coal block may be transferred, subject to the same validity period as was initially granted, to any legal person to whom such coal block is subsequently allocated. In such a case, obtaining of "no objection" from either the holder of environment clearance or from the regulatory authority concerned shall not be necessary and no reference shall be made to the Expert Appraisal Committee or the State Level Expert Appraisal Committee concerned for fresh appraisal of the coal mining project for EC.

EC Requirement for Captive Diesel Generating Sets

MoEF vide an office memorandum issued by it has clarified the meaning of word "Industrial Shed" used in its Notification No. S.O. 3252 (E) dated 22.12.2014whereby exemption of "Industrial Shed" from requirement of EC under the provisions of the EIA Notification, 2006 was granted.

As per the said office memorandum the word 'Industrial Shed' implies building (whether RCC or otherwise) which is being used for housing plant and machinery of industrial units and shall include godowns and building connected with production related and other associated activities of the unit in the same premise.

The said office memorandum has further clarified that the construction of the industrial building shall follow the guidelines as prescribed by MoEF.

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