The West Bengal State Level Environment Impact Assessment Authority, through a notification dated 17^th December, 2019, has stated that environment clearances (“EC”) will now be issued based on sanction plan only. This is applicable on applications received from 1^st January, 2020 onwards. The notification also contains a set of conditions to ensure that essential environmental parameters are incorporated in building plan.

Background:

• Normally, building projects having built up area of 220,000 sqm. or more require prior EC from State Environment Impact Assessment Authority (“SEIAA”) before starting construction activities.
• They handle applications of building projects in two stages:

1. Issue of stipulated conditions based on which the project proponents are required to get their building plan sanctioned.
2. Issue of EC based on sanctioned plan.

• PARIVESH Portal has been introduced by the Ministry of Environment, Forest and Climate Change and it has no scope of issuing stipulated conditions.

Now, SEIAA will issue EC based on sanction plan only (without first issuing stipulated conditions) for applications to be received from 1^st January, 2020.

In case of project proposals requiring Environment Impact Assessment (“EIA”) (built up area of 1,50,000 sqm. or more) the project proponent would have to initially apply to SEIAA with Concept Plan only and will have to submit sanctioned building plan later along with prepared EIA report.

The project proponent must incorporate certain conditions while preparing building plan (mentioned below) and the concerned authorities should ensure the incorporation of the said conditions before sanctioning the building plan.

SALIENT ENVIRONMENTAL CONDITIONS FOR SANCTION OF BUILDING PLAN

1. Use of fly ash and fly ash based materials:- Fly Ash and fly ash based materials are to be used for construction.
2. Water Body Conservation: –

• Existing water body (if any) should not be lined and their embankments should not be cemented. The water body is to be kept in natural conditions without disturbing the ecological habitat.
• No construction is allowed on wetland and water bodies. No conversion of water body shall be allowed without approval of Competent Authority.
• The location and area of the water body (if any) should be clearly earmarked in the sanctioned plan.

3. Renewable energy: –

• Solar, wind or other renewable energy shall be installed to meet electricity generation equivalent to at least 1% of the connected load or as per the state/local building bye-laws requirement, whichever is higher.

4. Water supply:-

• A concurrence letter from the local body shall be submitted regarding supply of fresh water to the proposed project.
• Ground water should not be abstracted without prior permission of the Competent Authority as per the West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005.

[Caveat : While the notification is from December 17, 2019, we have identified it in the public domain recently)]

Source: West Bengal Environment Impact Assessment Authority

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