Today every country is initiating steps to protect environment and minimizing use of natural resources for future environment issues, Govt. framed many Acts, Guidelines, Rules and Regulation to Protect environment . some of these are illustrated as under-
THE ELECTRICITY ACT, 2003
This Act seeks to create a framework for the power sector development by measures conducive to the industry. Electricity Act does not explicitly deal with environmental implications of activities related to power transmission. The applicable legal provisions under this Act are as follows: Section 68(1) - sanction from the Ministry of Power (MOP) is a mandatory requirement for taking up any new project. The sanction authorizes SJVN to plan and coordinate activities to commission new projects.
THE FOREST (CONSERVATION) ACT, 1980
This Act provides for the conservation of forests and regulating diversion of forestlands for non-forestry purposes. When projects falls within forestlands, prior clearance is required from relevant authorities under the Forest (Conservation) Act, 1980. State governments cannot de-reserve any forestland or authorise its use for any non-forest purposes without approval from the Central government. The flow chart for forest clearance as per this law is provided in Appendix -I.
The steps for forest clearance are briefly described below:
i) IDENTIFICATION OF FOREST AREA INVOLVED (LOCATION OF PROJECT)
Preliminary location of project is done by using tools such as the forest atlas and Survey of India maps. During route alignment, all possible efforts are made to avoid the forest area (like national park and sanctuaries) or to keep it to the barest minimum. Whenever it becomes unavoidable due to the geography of terrain or heavy cost involved in avoiding it, different alternative options are considered to minimize the requirement of forest area.
For selection of optimum proposal, the following criteria are taken into consideration:
a) any monument of cultural or historical importance is not affected by the project;
b) the proposed alignment of the project line does not create any threat to the survival of any community with special reference to Tribal Community;
c) the proposed alignment of the project does not affect any public utility services such as playgrounds, schools and other establishments;
d) the alignment of the project does not pass through any sanctuaries, National Park, Biosphere reserves or eco-sensitive zones; and
e) the alignment of the project does not infringe with area of natural resources.
To achieve this, selection of forest area involved is undertaken in close consultation with representatives from the State forest departments and the Department of Revenue. Minor alterations are made to avoid environmentally sensitive areas and settlements at execution stage.
Trees on such locations are felled but after stringing is complete and natural regeneration is allowed to specific heights and whenever required the tree plantation is taken.
ii) FORMULATION OF FOREST PROPOSAL
After finalization of forest area involved for project location SJVNL submits details in prescribed proforma to the respective DFO/ Nodal Officer (Forest) of concerned State Government. DFO/ Nodal Officer forwards the details to the concerned Divisional Forest Officer (DFO) / Conservator of Forest for formulation of forest proposal for processing of clearance under the Forest (Conservation) Act, 1980. The DFO then surveys the relevant forest area required for the construction of project under the possible alternatives. Forest authorities conduct a cost-benefit analysis to assess the loss of forest produce, loss to environment vis-à-vis benefits of project . Compensatory Afforestation (CA) scheme is prepared to compensate loss of vegetation and is the most important and integral part of the proposal. For CA, the forest authorities identify degraded forestland of twice the area of affected land. SJVNL provides undertaking/ certificate to meet the cost of compensatory afforestation and the Net Present Value of forestland diverted. The NPV rate varies from Rs. 5.8 to Rs. 9.2 lakh per hectare (as per MoEF Notification dt. 23.04.04) and is payable to the “Compensatory Afforestation Fund Management and Planning Authority” (CAMPA). If the forest is rich in wildlife, then the Chief Wildlife Warden also gets a detailed assessment report prepared
including measures to protect the wildlife, which is submitted with the proposal.
APPROVAL OF PROPOSAL
The proposal is submitted to the state forest department and then forwarded to the principal chief conservator of forests in the state and finally to the state secretariat. The State Government recommends the proposal for further processing and approval to a) Concerned Regional Office of the MoEF if the area involved is 40 hectare or less b) MoEF, New Delhi if the area is more than 40 hectare. The approval process is illustrated in Appendix –II.
To facilitate speedy approval of forest proposal involving lesser area, Ministry of Environment & Forests had established Regional Offices in each region for processing and approving these proposals . The MoEF approves the proposal in two stages. In principle or first stage approval is accorded with certain conditions depending upon the case. Second stage, or final approval is provided after the compliance report of the conditions stipulated in first Forest Proposal (FP) is received by MOEF,GOI from State Forest Department .
SJVNL follows all relevant guidelines including the directions of the Supreme Court in this regard from time to time.
ENVIRONMENTAL (PROTECTION) ACT, 1986
The Environment (Protection) Act, 1986 was introduced as an umbrella legislation that provides a holistic framework for the protection and improvement to the environment.
In terms of responsibilities, the Act and the associated Rules requires for obtaining environmental clearances for specific types of new / expansion projects (addressed under Environmental Impact Assessment Notification, 1994) and for submission of an environmental statement to the State Pollution Control Board annually. Environmental clearance is not applicable to hydro projects also.
SJVNL undertakes Environmental Impact Assessment for all projects as a standard management procedure as laid down in The Environment (Protection) Act, 1986 and also functions within permissible standards of ambient air quality and noise levels as prescribed by national laws and
international regulations. The Environmental Clearance procedure is at Appendix- III.
Other rules and regulations under the Environmental (Protection) Act, 1986 applicable to the operation of SJVNL are described below:
AIR (PREVENTION AND CONTROL OF POLLUTION) ACT 1981
The objective of this Act is to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.
Decisions were taken at the United Nations Conference on the Human Environment held in Stockholm in June 1972, in which India participated, to take appropriate steps for the preservation of the natural resources of the earth which, among other things, includes the preservation of the quality of air and control of air pollution.
Therefore it is considered necessary to implement the decisions foresaid in so far as they relate to the preservation of the quality of air and control of air pollution.
WATER (PREVENTION & CONTROL ) ACT 1974
The objectives of the Water (Prevention and Control of Pollution) Act are to provide for the Prevention and Control of Water Pollution and the maintenance or restoration of the wholesomeness of water for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.
WILDLIFE PROTECTION ACT, 1972
According to the Wildlife Protection Act, 1972 "wildlife" includes any animal, bees, butterflies, crustacea, fish and moths; and aquatic or land vegetation which forms part of any habitat. In accordance with Wildlife (Protection) Amendment Act, 2002 “no alternation of boundaries / National Park / Sanctuary shall be made by the State Govt. except on recommendation of the National Board for Wildlife (NBWL)”.
Further, in terms of Supreme Court Order dated 13.11.2000 the State Govts have to seek prior permission of Supreme Court before submitting the proposal for diversion of forest land in National Park sanctuaries.
Whenever, any part of Wildlife Sanctuary / National Park is getting affected by a hydro project the forest proposal in respect of such project is entertained by MoEF, GOI only after permission of de-reservation / de-notification of Wildlife Sanctuary /National Park has been accorded. After recommendation of Standing Committee of NBWL proposal for de-reservation/ de-notification is ratified by Hon’ble Supreme Court.
THE BIOLOGICAL DIVERSITY ACT, 2002
The Ministry of Environment and Forests has enacted the Biological Diversity Act, 2002 under the United Nations Convention on Biological Diversity signed at Rio de Janeiro on the 5th day of June, 1992 of which India is also a party. This Act is to “provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the sued of biological resources, knowledge and for matters connected therewith or incidental thereto.” As per the provision of act certain areas, which are rich in biodiversity and encompasses unique and representative ecosystems are identified and designated as biosphere reserve to facilitate its conservation. All restrictions applicable to protected areas like National Park & Sanctuaries are also applicable to these reserves. SJVNL abides by the provision of act wherever applicable and try avoiding these biosphere reserves while finalising the project infrastructure locations.
HAZARDOUS WASTES (MANAGEMENT AND HANDLING) AMENDMENT RULES, 2003
These Rules classify used mineral oil as hazardous waste under the Hazardous Waste (Management & Handling) Rules, 2003 that requires proper handling and disposal. Organisation will seek authorisation for disposal of hazardous waste from concerned State Pollution Control Boards (SPCB) as and when required.
OZONE DEPLETING SUBSTANCES (REGULATION AND CONTROL) RULES, 2000
MoEF vide its notification dt. 17th July, 2000 under the section of 6, 8 and 25 of the Environment (Protection) Act, 1986 has notified rules for regulation/ control of Ozone Depleting Substances ( ODS) under Montreal Protocol. As per the notification certain control and regulation has been imposed on manufacturing, import, export, and use of these compounds.
Organisations as per provisions of notification shall is phase out all equipment, which uses these substances, and is aiming at CFC free organisation in near future.
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