Laws Regulations Applicable to TL Projects final.ppt

1. 3/1/2024 1
LAWS/REGULATIONS
APPLICABLE TO
TRANSMISSION PROJECTS
Dr. R. K. Srivastava

2. Social Factor
Population, Poverty, Urbanization
Economic Factor
Industry, Natural Resources, Technology
DEGRADATION
Man’s Activity changes/damages equilibrium of
existing Ecological balance. 50% of geo-graphical
area suffers varying degree of degradation
Environmental Degradation

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• Global Warming (Due to Green house Effect);
• Climate Change;
• Ozone Depletion;
• Acid Rain;
• Deforestation, Agriculture mismanagement;
• Desertification;,
continued
Global Environmental Concerns

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 Water Pollution & Shortage:
 60% of sewage in urban areas go untreated
 According to NITI Aayog, 600 million Indians face high to
extreme water stress, and around 200000 people die every
year due to inadequate access to safe water.
 With nearly 70 % of water being contaminated, India is placed
at 120th of the 122 countries in the water quality index.
 Air Pollution:
 According to WHO, 11 out of 12 most polluted cities of the
world are located in India.
 According to AIRVISUAL, 22 of 30 most polluted cities of the
world are in India.
Environmental Degradation in India

5. Environmental Degradation in India
 Waste Management:
 75% of the municipal waste generated in India is dumped
in landfills without any treatment.
 Forest Cover:
 India’s Forest cover stands at 24.56% of geographical area
against a desired 33%.
 Land Degradation:
 Out of the total 329 milion ha. (mha) of land, only 266 mha
possess any potential for production.
 Out of 266 mha, 143 mha is agricultural land and 85 suffer
from varying degrees of soil degradation.
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 Since 70’s Environment progressively emerged as a Global
Concern.
 In India the period marked by a series of enactments on
environmental issues.
 Triggering Events : Stockholm Conference, 1972 &
Bhopal Gas Tragedy, 1984 , Rio Earth Summit, 1992.
 An evolution of a whole set of Environmental Laws - A
common thread running through all such Laws is in their
reason and purpose, stressing harmony between
Conservation and Development.
 Now considered that Sustainable Development is possible
only If development efforts are environmentally consistent.
Background

7. Need of the Hour Balance
between
Development &
Conservation

8.  Forest (Conservation ) Act,1980;
Wildlife (Protection) Act, 1972 ;
Environmental (Protection ) Act, 1986
 Environment Impact Assessment (EIA) Notification
1994/2006
 Batteries (Management and Handling) Rules, 2001
 Hazardous Wastes (Management, Handling & Trans-
boundary Movement) Rules, 2016
 E-waste (Management) Rules, 2016
 Plastic Waste Management Rules, 2022
 Coastal Regulation Zone (CRZ), Notification, 2019
 CGWA guidelines on ground water extraction
Major Environmental Legislations
applicable to TL Projects

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Power & Telecommunication Coordination
Committee (PTCC) Clearance
 Govt. of India constituted a Central Standing Committee namely Power
and Telecommunication Co-ordination Committee (PTCC) to address
the inter sector Telecommunication interference related issues
amongst Power, Telecommunication, Railway and Defense
Communication.
 Objective is to ensure the safety to telecommunication equipment and
precious human lives of personnel working in the vicinity of power
transmission lines.
 Section -160 of Electricity Act.
Quote (Protection of telegraphic, telephonic and electric signalling lines): (1) Every
person generating, transmitting, distributing, supplying or using electricity (hereinafter in
this section referred to as the "operator") shall take all reasonable precautions in
constructing, laying down and placing his electric lines, electrical plant and other works
and in working his system, so as not injuriously to affect, whether by induction or
otherwise, the working of any wire or line used for the purpose of telegraphic, telephone
or electric signalling communication, or the currents in such wire or line.
Unquote
Hence PTCC clearance is extremely important in safeguarding the personnel of the
concerned departments and also the common man.

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 Application/ Questionnaire is duly filled with the following relevant details
 Single line diagram of the terminating SS details
 Data of the equipments.. viz generators, transformers, reactors, synchronous
condensers, earthing transformers etc. installed at the SS.
 Statements showing the soil resistivity in the area covered by the line measured by four
electrode method with an inter electrode spacing of 50m, measurements being made at
every 2 or 3 kms along the length of the line.
 Route Alignment map on 1:50000 scale showing all details/ features (8km on either side
of centre line).
 The no. of crossings, angle of crossings with power lines with location details.
 The duly filled questionnaire is submitted to DET(PTCC) and uploaded online on
ptcc.bsnl.co.in.
 Copies are also submitted to the local BSNL exchanges for asset marking and onward
submission to DET (PTCC) inspection circle.
 Copies submitted to GM(S&T) concerned Railways to mark their telecom lines and forward
a copy thereof to the Director(PTCC), CEA, New Delhi and one copy to the concerned
DET(PTCC).
 Copy is also submitted to Army signals for their NOC
 Accordingly CEA (for 220kV and above) and State EB for (below 220kV) issue Induced
Voltage (IV) calculations. IV is within safe limits, Railways issues NOC.
 BSNL issues the Route Approval Certificate and subsequently energization approval.
PTCC Clearance Procedure

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Railway Clearance Procedure
 Application for railway crossing is submitted to concerned railway authorities
(divisional railway) in standard format (8 copies) with following details;
 Details of crossing span;
 Angle of Crossing the Railway line (generally crossed at 900);
 Type of structures used on either side of the crossing span along with structural
drawing;
 Type of foundation and earthing used on either side of the crossing span along
with necessary drawing;
 Details of railway boundary;
 Nearest KM stone / telephone numbers;
 Adjacent railway stations on either side.
 Application is processed at the concerned Engineering Electrical / T&D Division
of railways;
 Necessary way leave demand with block charges is raised to the user agency;
 After payment, work approval issued for executing the work.

12. The envisaged benefits from development projects cannot be fully realized
unless they are environmentally and socially sound and sustainable.
THANKYOU
rkspowergridi99@gmail.com

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Forest (Conservation) Act, 1980

14. “FORESTS” – Actual Value ????
 An invaluable Natural Resource.
 About 2.30% contribution to GDP.
 Rich bio-diversity.
 Support agriculture of the country.
 Maintain the nutrient cycle of the soil.
 Major cause of local rains.
 Prevent floods, drought, desertification.
 Economically important species for global market.
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15. NEED OF THE REGULATORY ACT
• Between 1950 to 1980- About 45 lakh ha. of natural forest land
was diverted for Non-forestry purposes by various States/UTs (@
1.50 lakh hectare per annum);
• About half of this was under encroachments;
• Forest lands have easy access- prone to encroachments;
• Prevalent land hunger made the problem of forest land
management complex in the country;
• Then Prime Minister Intervened and brought forest under
concurrent list in 1976;
• The FC Act was brought on 25-10-1980.
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16. SUPREME COURT’S INTERVENTION
• Supreme Court is constantly monitoring the
implementation of the Forest (Conservation) Act, 1980
since 12.12.1996.
• Essence of various orders of the Supreme Court is to
implement the Act in its real spirit and not to dilute the
Forest (Conservation) Act, 1980.
• Feb’2000 diversion of area falling in National parks and
Sanctuaries, prior approval of NBWL and permission of
the Supreme Court is required.
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17. IMPORTANT SUPREME COURT ORDERS
• Oct’02 Net Present Value of diverted forest land @ Rs.5.80
to 9.20 lakh per hectare to be collected from User Agency.
• 30.10.2002 – Union of India shall constitute a body for
management and utilization of compensatory afforestation
fund.
• Oct’06 Stay on FAC reconstitution.
• April’07 Stay vacated with additional condition.
• May’08 Restored normal conditions after nominating 3
members to FAC
• 05.10.2015- SC Permission not required in all cases involving
protected areas except for specific cases which are referred
to SC by CEC after review of NBWL Minutes/proceedings.
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18. RIGHT OF WAY
3/1/2024 18
Transmission
Voltage
(In kV)
Max. RoW
(In Meters)
Minimum Clearance
between Conductors &
Trees (In Meters)
Width Clearance
below each
conductor
(In Meters)
132 27 4.0 3
220 35 4.6 3
400 D/C / S/C 46 5.5 3-7 (quad)
± 500 HVDC 52 7.4 7
765 S/C (Delta
Configuration)
64 9.0 7
765 D/C 67 9.0 7-10 (hexa)
+800 HVDC 69 10.6 10
1200 89 13.0
As per MoEFCC guidelines dated 05.05.2014

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20. Processing by NO & Recommendation
by PCCF to State Govt.
Online Submission of proposal to NO
Recommendation by DFO
Recommendation by CF/ CCF to NO
Recommendation of State Govt. to RMoEF
Discussion on proposal in Regional Empowered Committee (REC)
Recommendation by REC
Issuance of Stage-I clearance by RMoEF
User Agency
Processing for
FRA by DC
Scrutiny by RMoEF
Site Inspection, (>100 ha) RMoEF
Deposition of Cost by
POWERGRID
Issuance of Working Permission by State
Govt and Start of tree felling/ work
Complete Compliance
submission to DFO/NO
Forwarding of compliance by
State Govt to RMoEF
Issuance of Stage –II by RMoEF
Stage-II approval to be issued
within 5 years of Stage-I Approval.
If Area<5 ha
Proposal Formulation:
Compensatory Afforestation on double
degraded land extended to all types of
transmission lines including private sector
w.e.f. 11.7.14 (Earlier up to 220 kV only)
Linear projects exempted from
obtaining NOC from Gram Sabha under
FRA, 2006 w.e.f. 5.2.13
Since approval power delegated to
Regional Offices vide gazette
notification dtd. 10.10.14, proposal to
be forwarded to RMoEF instead of
MoEF
Provision of Working
Permission after Stage-I in
forest area incorporated
pending Stage-II vide circular
dtd. 15.1.15
Regional Offices of MoEF empowered
to process & issue clearance for
Linear Projects irrespective of forest
area vide gazette notification dtd.
10.10.14
Scrutiny by NO, issue of receipt and
forwarding to DFO & DC
Forest Clearance Flowchart

21. LIST OF IROs VIS-À-VIS JURISDICTION

22. Forest (Conservation) Rules, June 2022
Major changes in new Rules- to facilitate expeditious forest clearance
 Introduction of Project Screening Committee (PSC) in every States/ UTs for initial
review of proposal shall save time by reducing cross-referencing during processing
stage at different hierarchy of State Forest Deptt. [Sub-rule (2) of Rule 8]
 Meeting of PSC at least twice a month to advice State/UT on projects/proposals.
 Site visit by Nodal Officer instead of RMoEFCC, if the proposal involves forest area
more than 100 ha. [Clause g in Sub-rule 4 of Rule 9]
 User Agency may directly furnish the requisite information to the Central Govt.
(RMoEFCC) with a copy to the State Govt. or UT for granting In-principle approval
by RMoEFCC. [Clause f (ii) in Sub-rule 5 of Rule 9]
 Delink of requirements FRA compliance from Stage-II approval. Now linked to GO
to be issued by State Govt. [Clause b (II) in Sub-rule 6 of Rule 9].
 Validity of In-principle approval is reduced to 2 years from 5 years. [Clause d (i) in
Sub-rule 6 of Rule 9]
 Entire process shall be carried out through online portal and hard copy of proposal
is discontinued [Clause c (ii) in Sub-rule 6 of Rule 9].
 Applicable to forest diversion proposal > 5 ha. However , no change in procedure
for proposal < 5 ha under the new rules.

23. Constitution of Project Screening Committee (PSC)
1. Nodal Officer Chairperson
2. Concerned Chief Conservator of Forests/
Conservator of Forests
Member
3. Concerned Divisional Forest Officer Member
4. Concerned District Collector or his
representative (Not below the rank of
Deputy Collector)
Member
5. Divisional Forest Officer in the office of
Nodal Officer
Member
Secretary

24. Sl
No.
Size of Forest land proposed
for de-reservation/diversion for
non-forest purpose (in
hectares)
Nature of non-forest
use
Time Period
(Maximum
Working
Days
prescribed)
(1) (2) (3) (4)
1. More than 5 and up to 40 All usage (except
mining)
60
2. More than 5 and up to 40 Mining 75
3. More than 40 and up to 100 All usage (except
mining)
75
4. More than 40 and up to 100 Mining 90
5. More than 100 All usage (except
mining)
120
6. More than 100 Mining 150
Time period for examination of proposals by the PSC

25. An Act to provide for the protection of wild animals, birds and plants
and for matters connected therewith or ancillary or incidental thereto
with a view to ensuring the ecological and environmental security of
the country.
Section 29 : provides for consultation with the State Board for Wildlife
before any decision is taken by the State Govt. for permitting any
activity within a Wildlife Sanctuary.
Section 35(6): provides for consultation with the National Board for
any activity within a National Park
Section 38-O(g) and 38 W: provide for approval of Standing
Committee of NBWL for activities within and areas linking protected
areas or Tiger reserves.
Apart from regulatory provisions under Wildlife (Protection) Act,
1972, any activities in protected areas also governed by various
orders of Hon’ble Supreme Court.
Wildlife (Protection) Act, 1972

26. Important Supreme Court Orders
 Order dated 14.02.2000 and 21.02.2000 in WP 202/1995 : diversion
of area falling in National parks and Sanctuaries, prior approval of
NBWL and permission of the Supreme Court is required.
 Order dated 13.11.2000 in WP 337/1995 : Pending further orders, no
dereservation of forests/sanctuaries/national parks shall be effected.
 Order dated 9.5.2002 in WP 337/1995 : In the meantime, no
permission under Sec. 29 of Wild Life Protection Act, 1972 should be
granted without getting approval of the Standing Committee of Indian
Board for Wildlife.
 Order dated 05.10.2015 : “All matters for grant of permissions for
implementation of projects in areas falling in National
parks/sanctuaries, including rationalization of boundaries etc. will
be considered by the Standing Committee of the National Board
for Wildlife (“NBWL”) on its own merits. The CEC is at liberty, if,
for any reason, they are aggrieved by the decision of the Standing
Committee of NBWL to approach this Court by filing an appropriate
petition/application.”

27. 27
Online
Proposal
Submission
after Survey
to Wildlife
Warden
DFO/CF (WL) to
scrutinize proposal
after site inspection
for formulation
Certification/
Recommendation of
Chief Wildlife Warden
(CWW) & forwarding
the same to St. Govt.
St. Govt. to put up the
case to State Wildlife
Advisory Board (SBWL)-
Chairperson Hon’ble CM)
for recommendation to
Standing Committee of
NBWL at MoEF
Standing Committee of
NBWL Meeting to
consider the proposal
(Held Quarterly)
Site inspection by Members,
if required
Or Recommendation by
Committee for further
approval of Hon’ble Minister,
E & F.
No Objection Certificate (NOC) issue by
Wildlife Wing of MoEF/GoI to concerned
State with stipulated conditions
MoEF submitting
Minutes of NBWL to
Central Empowered
Committee (CEC) for
review.
SC Permission required in projects which
are referred to SC by CEC after review of
NBWL Minutes/proceedings.
SC Permission/Rejection
SC Permission not required in all
cases as per relaxation granted by
SC vide its order dt. 05.10.2015
Procedures for Protected Areas Clearance

28.  It came into force on 23rd May, 1986.
 This umbrella Act contains the provisions for the protection
and improvement of the environment.
Major Rules/regulations under EP, Act
 EIA Notification, 1994 & 2006 - Not Applicable to
Transmission Projects, No prior EC is required.
 MoEFCC Notification dated 7th May 1992- Prior EC from
designated State authority/committee only if project located in
specified areas of Aravalli range i.e. viz., Alwar in Rajasthan,
Gurgaon & Nuh-Mewat in Haryana.
 Ozone Depleting Substances (Regulation and Control)
Rules, 2000
 Regulation/ control on Ozone Depleting Substances under
Montreal Protocol.
 Phasing out of all equipments, which use these
substances.
ENVIRONMENT (PROTECTION) ACT, 1986

29.  Batteries (Management and Handling) Rules, 2001:
 Restriction on Disposal of Used Batteries;
 Disposal of used batteries with the dealer/ manufacturer /registered
recycler.
 A half-yearly return is filed as per Form- VIII and submitted to the
concerned State Pollution Control Board.
 Hazardous Wastes (Management, Handling & Trans-boundary
Movement) Rules, 2016:
 Rules classify used transformer oil as hazardous waste that requires
proper handling and disposal
 Authorisation required for disposal of hazardous waste from concerned
SPCB.
 The oil is auctioned to authorised/registered re-refiners and information
is submitted to the SPCB vide Form -4.
E-waste (Management and Handling) Rules, 2016:
 Dispose e-waste generated in environmentally sound manner by
channelizing to authorized collection centers/ registered dismantler/
recyclers/return to producers.
 Shall maintain record as per Form-2 and file annual return in Form -3 to
State Pollution Control Board.

30.  Plastic Waste Management Rules, 2022:
 The amended rules focuses on Extended Producer Responsibility (EPR).
Accordingly, following four category of entities are obligated for the
environmentally sound management of the plastic product until the end of its life;
• Producer of Plastic Packaging
• Importer of all imported plastic packaging and / or plastic packaging of imported products
• Brand Owners (BO) including online platforms/marketplaces & supermarkets/retail chains.
• Plastic waste Processor: Recyclers and entities engaged in using plastic waste for
energy (waste to energy), and converting it to oil (waste to oil), industrial composting.
• The EPR guidelines suggest for Reuse, Recycling, Use of recycled plastic
content, End of life disposal with respect to different plastic packaging
 Producer, Importer and Brand owner are given target to recycle, reuse, end of life
disposal and Use of recycled plastic content for different categories of plastic
packaging in percentage by certain year.
 Single use plastic (plastic sticks of ice cream, balloon, flags, ear buds, decorative
items, spoon, forks, cup, glass, cutlery) will be phased out by July 22.
 Any plastic packaging which can not be recycled or used as alternate source of
energy will be phased out.
 Producer, Brand Owner and Importers need to work out collection back
mechanism for the equivalent quantity of plastic waste introduced by them in
Indian market to meet their EPR obligation.

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 Coastal Regulation Zone (CRZ), Notification, 2019:
Prior CRZ clearance mandatory if project falling/
passing through different Coastal Zones/Areas i.e.
CRZ-I II, III, IV.
Approval issued by MoEFCC if project involve CRZ-I
& IV while State Coastal Zone Management
Authority in case of CRZ-II & III.
 Biological Diversity Act, 2002
Certain areas, rich in biodiversity & encompasses
unique ecosystems are identified & designated as
Biosphere Reserve.
Abiding the provision through avoiding these
biosphere reserves while finalising the route
alignment.

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Central Ground Water Authority (CGWA) issued a detailed & revised
guidelines on 24.09.20 regarding grant of mandatory NOC for all existing &
new users extracting ground water (except individual domestic consumers,
agricultural activities, armed force establishments, rural drinking water
facilitates, micro & small enterprises using <10 m3/day ).
Other major provisions/compliances;
 Entire process of grant of NOC is online through CGWA website http://www.cgwa-
noc.gov.in/LandingPage/index.htm;
 Mandatory installation of Sewage Treatment Plant (STP) for new projects/facilities
where ground water requirement is more than 20 m3/day.
 Installation of Digital Water Flow Meter having telemetry system in the abstraction
structure within 30 days of grant of NoC (section 9.0 (i)).
 Installation of Piezometers where withdrawal more than 10m3/day (section-14.0).
 Payment of Water Abstraction Charges based on actual quantity of ground water
(Table -5.3 A).
 Payment of Ground Water Restoration Charges in case drawing of ground water in
over exploited assessment units (refer Table 5.3 B)
 Installation of Roof Top Rain Water Harvesting & Recharge System (section 9.0
(iii)).
 Specific penalty provisions in respect of non-compliance of NOC Conditions (Table-
16.1)
NOC FOR GROUND WATER WITHDRAWL

33. 1 Arunachal Pradesh
2 Assam
3 Bihar
4 Chhattisgarh
5 Gujarat
6 Haryana
7 Jharkhand
8 Madhya Pradesh
9 Maharashtra
10 Manipur
11 Meghalaya
12 Mizoram
13 Nagaland
14 Odisha
15 Punjab
16 Rajasthan
17 Sikkim
18 Tripura
19 Uttar Pradesh
20 Uttarakhand
21 Andaman & Nicobar Islands
22 Dadra & Nagar Haveli
23 Daman & Diu
List of States/ UTs regulated by CGWA
List of States/UTs not regulated by CGWA
1. Andhra Pradesh (CGWA issues NOC for Mining
Projects only)
2. Karnataka
3. Kerala
4. Tamil Nadu
5. Telangana (CGWA issues NOC for Mining Projects
only)
6. West Bengal
7. Himachal Pradesh
8. NCT Delhi
9. Goa
10. Chandigarh
11.Puducherry
12.Lakshadweep
13.Jammu & Kashmir