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Presentation on Monitoring, Mechanism for implementation of the EIA Notification, 2006 and CRZ Notification,1991. by- Shri. D.T. Devale

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Monitoring, Mechanism for implementation of the EIA Notification, 2006 and CRZ Notification,1991.

Monitoring, Mechanism for implementation of the EIA Notification, 2006 and CRZ Notification,1991.

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Presentation on Monitoring, Mechanism for implementation of the EIA Notification, 2006 and CRZ Notification,1991. by- Shri. D.T. Devale Presentation on Monitoring, Mechanism for implementation of the EIA Notification, 2006 and CRZ Notification,1991. by- Shri. D.T. Devale Presentation Transcript

  • D T Devale Senior Law Officer Maharashtra Pollution Control Board Kalpataru Point, 2nd , 3rd and 4th Floor, Sion(East), Mumbai-400 022
  • Existing Monitoring Mechanism Existing Monitoring Mechanism under CRZ Notification, 1991 Since, the Central Govt. has constituted the State Coastal Zone Management Authority and empowered it to take various measures for protecting and improving the quality of coastal environment and preventing, abating and controlling environmental pollution in the coastal areas, it has been given certain powers as under:- (i)Examination of proposals for changes for modifications in classification of Coastal Regulation Zone areas and in the Coastal Zone Management Plan.
  • Contd. (ii) Inquire into cases of alleged violations of the provisions of the said Rules or under any law. (iii) Authority to examine various projects proposed in the CRZ area and give their recommendations to the Central Govt. or the agencies, who have been entrusted to clear such projects under the Notification. (iv) Authority to identify economically important stretches in Coastal Regulation Zone and prepare integrated Coastal Zone Management Plan etc.
  • However, no such specific monitoring committee has been constituted to examine above proposals by visit and inspection. But taking into consideration various Govt. Departments / Regulatory Authorities involved in regulation of various projects, the present practice is that the following Authorities have been asked to investigate the above proposals / complaints and submit their report to the Authority constituted by the Central Govt. (i)Setting up and expansion of industries, operations or processes, manufacture or handling or storage or disposal of hazardous substances and setting up / expansion of fish processing units, mechanisam for disposal of waste and effluents, dumping of city or town waste – to be examined by the Maharashtra Pollution Control Board and Fisheries Deptt. of Govt.of Maharashtra
  • Contd.. (ii) Land Reclamation, bunding or disturbing the natural course of sea water, mining of sand, rocks and other sub-strata materials, harvesting or drawl of ground water and construction of mechanisms, construction activities, dressing or altering of sand dunes, hills, natural features including landscape changes etc. – Dist.Collector, Mining Authority, Environment Deptt., Govt.of Maharahstra and other concerned Development Authorities to examine such proposals.
  • Contd. (iii)Manufacture or handling or storage or disposal of hazardous substances except transfer from ships to port etc. and facilities for receipt & storage of petroleum products and liquefied natural gases specified in Annexure-III – State Pollution Control Board and DISH. (iv)Fish processing units for modernisation purposes may utilise 25% additional plinth area and hatchery as well as natural fish drying in permitted areas allowed – Fisheries Deptt. and SPCB. (v)Mechanisms for disposal of waste and effluents except facilities for discharging treated effluents into water course with the approval under Water (P&CP) Act,1974, storm water drains, treatment of wastes & effluents arising from hotels & beach resorts in CRZ area [excluding CRZ (i)] – SPCB and Environment Deptt.
  • Contd.. (vi) Mining of sand etc. except rare minerals not available outside CRZ area and exploration and extraction of oil and natural gas – Environment Deptt. & Mining Deptt. (vi) Harvesting for drawal of ground water permitted where no other source of water is available and done manually through ordinary wells or hand pumps for drinking & domestic purposes – Marine Deptt./ Irrigation Deptt. (vi) Construction activities – Municipal Corporation / Council / District Collector
  • Contd.. (ix) Construction related to projects of Deptt. of Atomic Energy or defense requirement for which foreshore facilities are essential (such as slip ways, jetties, wharves, quays etc.) – Defence Deptt. (ix) Operational constructions for Ports & Harbours and lighthouses as well as other constructions related thereto – MoEF, GoI / Environment Deptt. / SPCB (ix) Exploration and extraction of oil and natural gas and all associated activities thereto – Petroleum Deptt. and Oil & Natural Gas Deptt. (ix) Thermal Power Plants (only for foreshore facilities) for transport of raw materials for intake of cooling water and outfall for discharge of treated waste water – MoEF, GoI / SPCB (ix) Housing schemes as specified in CRZ area – Local Authority / District Collector.
  • Procedure decided to be followed to inquire various cases of violations as decided in 137th Meeting of MCZMA held on 12/2/2007 It was decided to first of all call a report on investigation of the proposal from respective Authorities such as Dist.Collector in case of illegal constructions and violation of CRZ provisions, Konkan Commissioner in case of destruction of mangroves and reclamation of land, Fisheries Deptt. in case of the fishery activities, Pollution Control Board in case of unauthorised discharges and violations of industries and Urban Development Deptt. / District Magistrate in case of violation of MSW Rules, 2000.
  • Procedure for monitoring of EIA Notification, 2006 Existing procedure is that Zonal Office- Bhopal (CPCB), will monitor the compliance of EIA Notification and conditions. However, the conditions, which are imposed in the consent and authorisation granted by SPCB are monitored by the SPCB
  • Proposed Monitoring Mechanism for CRZ Notification, 1991 and EIA Notification,2006 On the lines of the various Authorities, which have been notified under the provisions of the Environment (Protection) Act, 1986 vide S.O.No.84(E) for collection of sample under various Acts (62) Authorities can be considered for the purpose of involving in the Monitoring Mechanizm depending upon the exact violation. It is proposed that SPCB are being considered for declaring as Environmental Protection Authority, can be Monitoring Authority for the purpose of the conditions prescribed under the Environment Clearance. Alternatively, a small committee of various State Government officials can be constituted from the Environment Deptt., SPCB, Industries Deptt., State Indl.Development Corpn., Dist.Collector, Maritime Board, Local Bodies etc. for monitoring the compliance of Environmental Conditions imposed in the EIA Notification/ CRZ Notification.
  • Conclusions At present, there is no direct monitoring mechanism both under the EIA Notification and CRZ Notification at the State Level. As stated above, the proposals are investigated either by forming small committee of the Members of State Coastal Zone Management Authority on the State Leval Environment Appraisal Committee. However, the committee Members as such are not having adequate time to cause visit and inspection of various projects. Therefore, most of times, in case of State Coastal Zone Management Authority, the reports are being called from the SPCB, Fishery Deptt., Environment Deptt. and other concerned Departments including Dist.Collector and the officers of the Local Bodies.
  • Contd.. It is proposed as under : 1.SPCB is having adequate experience in performing multi- disciplianary role in implementing various Environmental Laws and also being proposed to be converted into Environment Protection Authority, can be entrusted with the monitoring of the compliance of EIA and CRZ Notifications. 2.Alternatively, the Committee consisting of senior officers of MPCB and other Govt.Deptts. like Environment Deptt., Urban Development Deptt., one of the officers from 7 authorized agencies, Fishery Deptt. Dist.Collectorate office, Local Body and Port/Maritime Board can be constituted for monitoring compliance of both the Notifications. If possible, Police Authority can also be included in that committee.
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  • MAHARASHTRA POLLUTION CONTROL BOARD MUMBAI – 22. 15