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And whereas, based on the past experiences, it is noted that Nuclear Power Projects and Hydro Power Projects have high gestation period due to various issues such as geological surprises, delay in Forest Clearance, land acquisition, local issues, rehabilitation and resettlement, etc., which are often beyond the control of project proponent and in this context, the Central Government deems it necessary to extend the validity of Environmental Clearance (EC) for such projects;
And whereas, for other projects also, considering the time taken for addressing local concerns including environmental issues related to the implementation of such projects, the Central Government deems it necessary to extend the validity of such ECs;
And whereas, as per the provisions of Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), on and from the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, all mining leases are being granted for a period of fifty years, and accordingly, the Central Government deems it necessary to align the validity of mining ECs which is currently permissible up to a maximum duration of thirty years, subject to review and appropriate environmental safeguards;
Now therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986), read with sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government, after having dispensed with the requirement of notice under clause
(a) of sub-rule (3) of rule 5 of the said rules in public interest, hereby makes the following further amendments in the notification of the Government of India, in the erstwhile Ministry of Environment and Forests, number S.O. 1533 (E).
dated the 14 September, 2006, namely:- In the said notification,-
(i) in paragraph9.-
(a) for sub paragraphs (i) and (ii), the following sub-paragraphs shall be substituted, namely:-
(i) The “Validity of Environmental Clearance” is meant the period from which a prior Environmental Clearance is granted by the regulatory authority, or may be presumed by the applicant to have been granted under sub-paragraph
(iii) of paragraph 8, to the start of production operations by the project or activity; or completion of all construction 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] operations in case of construction projects relating to item 8 of the Schedule, to which the application for prior environmental clearance refers:
Provided that in the case of mining projects or activities, the validity shall be counted from the date of execution of the mining lease.
(ii) The prior environmental clearance granted for an existing or new project or activity shall be valid for a period of-
(a) thirteen years in the case of River Valley projects or activities [item 1(c) of the Schedule];
(b) fifteen years in the case of Nuclear power projects or activities and processing of nuclear fiiel [item 1(e) of the Schedule];
(c) ten years in the case of all other projects and activities other than the Mining projects and River Valley Projects and Nuclear power projects referred to in clauses (a) and (b).
(iii) In the case of Area Development projects and Townships [item 8(b)], the validity period of ten years shall be limited only to such activities as may be the responsibility of the applicant as a developer:
Provided that the period of validity of Environmental Clearance with respect to the Projects and Activities listed in this sub- paragraph and sub-paragraphs (i) may be extended in respect of valid Environmental Clearance, by the regulatory authority concerned by a maximum period of two years in the case of River Valley projects, five vears in the case of Nuclear power projects and processing of nuclear fiiel and one year in the case of all other projects, if an application is made in the laid down proforma to the regulatory authority by the applicant within the validity period of the existing Environment Clearance:
Provided further that the regulatory authority may also consult the concerned Expert Appraisal Committee before grant of such extension.
(iv) The prior Environmental Clearance granted for mining projects shall be valid for the project life as laid down in the mining plan approved and renewed by competent authority, from time to time, subject to a maximum of thirty vears, whichever is earlier:
Provided that the period of validity of Environmental Clearance with respect to projects or activities included in this sub-paragraph may be extended by another twenty years, bevond thirty years, subject to the condition that the adequacy of the existing environmental safeguards laid down in the existing Environmental Clearance shall be examined by concerned Expert Appraisal Committee every five years bevond thirty years, on receipt of such application in the laid down proforma from the Project Proponent within the maximum validity period of Environmental Clearance of thirty years, and subsequently on receipt of such application in the laid down proforma from the Project Proponent within the validity period of the extended Environment Clearance, every five years Jor incorporating such additional environment safeguards in the Environmental Management Plan , as may be deemed necessary, till the validity of the mining lease or end of life of mine or fifty years, whichever is earlier.”;
(b) for the brackets, figures and words “(iii) Where the application for extension under sub-paragraphs (i) and (ii) has been filed”, the following shall be substituted, namely:- “(v) Where the application for extension under sub-paragraphs (ii), (iii) and (iv) has been filed in the laid down proforma”.
[F. No. IA3-22/10/2022-TA.TIT] TANMAY KUMAR, Add. Secy.
Note:- The principal notification was published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii), vide, number S.0O. 1533(E), dated the 14% September, 2006 and was last amended, vide the notification number S.0. 2859(E), dated the 16® July, 2021.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 sty o and Published by the Controller of Publications, Delhi-110054. ALOKKUMAR S ioens