LEGAL AND REGULATORY FRAMEWORK FOR HYDRO PROJECTS.

The principal Environmental Regulatory Agency in India is the Ministry of Environment and Forests (MOEF). MOEF formulates environmental policies and accords environmental clearance for the projects. The State Pollution Control Board (SPCB) accords ‘No Objection Certificate’ (NOC) and ‘Consent for Establishment and Operation’ for the projects.

 The project features entail a Environmental Impact Assessment Study to be conducted which is a pre-requisite for obtaining environmental clearance from Ministry of Environment & Forests, Government of India..

 Environmental Impact Assessment (EIA) is an important management tool for ensuring optimal use of natural resources for sustainable development, and was introduced in India initially for River Valley Projects in 1978-79. The scope of the EIA has been enhanced to cover other developmental sectors such as industries, mining schemes, energy, etc. To facilitate project proponents in collection of environmental data and formulation of environmental management plans, it is now mandatory under the Environment (Protection) Act, 1986, for different categories of developmental activities involving investment beyond certain thresholds .

The notification was issued on 27th January 1994 and was amended on 4th May 1994. This, it is hoped would provide an opportunity both for the project proponents and Government to assess the impact of the concerned project on the environment before it actually comes into play
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The EIA study document fulfills the requirements for environmental clearance from various agencies at the state level. These include State Pollution Control Board and Committee of Experts working under the aegis of Department of Science & Technology, State Governments.


SJVN’S INITIATIVE:

The regulatory framework and policy both at the central and state level for environmental and social issues applicable to the HYDRO Power Projects is also application to SJVN. In addition, SJVNL has also taken into consideration the requirements of multilateral funding agencies while finalising the Environment Policy . SJVNL sees its responsibilities under the present legal framework as two fold as under: mandatory requirements under the law and the guidelines of funding agencies; and
prescriptive requirements that influence management procedures addressing environmental and social issues
SJVNL undertakes all its activities within mandatory requirements under the National law and the guidelines of funding agencies, and prescriptive requirements that determine the management procedures for addressing environmental and social issues. Mandatory environmental requirements for SJVNL at a national level include: Land Acquisition Procedures under Land Acquisition Act, 1894. Forest clearances under the Forest (Conservation) Act, 1980; specifically Environmental clearances under Environment (Protection) Act, 1986.During the operations of the projects regulations like Hazardous Wastes (Management and Handling) Amendment Rules, 2003 regarding disposal of used transformer oil and Ozone Depleting Substances (Regulation and Control) rules, 2000 putting restriction on use of ozone depleting substances come into force and require voluntary enforcement and funding agencies requirements some time.