The Ministry of Environment, Forest and Climate Change (“MOEFCC”) has issued a notification to amend the Environmental Impact Assessment (“EIA”) Notification, 2006. The amendment has been notified to further amend Appendix-IX to the EIA Notification pertaining to exemption of certain cases from the requirement of environmental clearance.

Background:

The MOEFCC had issued a notification vide number S.O.1533 (E), dated the 14th September, 2006 (hereinafter referred to as the EIA Notification) for mandating prior environmental clearance for certain categories of projects. Pursuant to this the Central Government, amended Appendix-IX to the EIA Notification vide notification number S.O. 1224(E), dated the 28th March, 2020, to exempt certain activities from the requirement of prior environmental clearance in respect of certain projects. Further, a case was filed before the Supreme Court titled Noble M Paikada vs. Union of India & Ors. and based on the hearings in the matter, the Central Government vide notification number S.O. 3840(E), dated the 30th August 2023 amended items 6 and 7 of Appendix-IX to the said notification, to the effect that the exemption provided therein will be subject to the compliance of standard operating procedures and environmental safeguards issued in this regard from time to time.

Subsequently, the Supreme court vide its judgment dated the 21st March, 2024 in the matter of Noble M Paikada vs. Union of India & Ors. struck down item 6 of the Appendix-IX to the said notification, as amended from time to time, on the grounds that the term “linear projects” is not defined and is very vague and the process to be adopted for excavation has not been set out, thus, item 6 is a case of completely unguided and blanket exemption which is, per se, arbitrary and violative of article 14 of the Constitution of India.

Key Highlights:

1. The amendment substitutes serial number 6 of Appendix-IX (Extraction or sourcing or borrowing of ordinary earth for the linear projects such as roads, pipelines, etc.) with, the following serial number and entries as “6. Extraction or sourcing or borrowing of ordinary earth for the linear projects subject to the compliance of the conditions set out in Appendix XIV.”
2. The amendment inserts Appendix XIV in the EIA Notification, 2006, which provides the definition and applicability of environmental safeguards for extraction or sourcing or borrowing of ordinary earth in lieu of prior Environmental Clearance (“EC”). Further, the amendment provides the following conditions under Appendix-XIV:
   1. Linear project is defined as “the projects of slurry pipelines, oil and gas transportation pipeline, highways or laying of railway lines, which require extraction or sourcing or borrowing of ordinary earth above the threshold of 20,000 cubic metre and does not require prior environment clearance under this notification.”
   2. Linear Projects not required to obtain Environmental Clearance (“EC”) but to follow the Standard Operating Procedure for extraction or sourcing or borrowing of ordinary earth, in lieu of prior EC.
   3. New format for application for linear project to be submitted by the project proponent of the linear project for extraction, sourcing, borrowing of ordinary earth has been introduced.
   4. The project proponent to submit information or report as may be required by the Central Government or the Committee.
   5. Follow the prescribed Criteria for environmental safeguards as given below:
      1. General safeguards;
      2. Specifications of fixed areas in highway sector;
      3. Extraction or sourcing or borrowing of ordinary earth is to be avoided in prescribed areas;
      4. Specification of area fixed for extraction;
      5. Site Specific Measures and environmental safeguards.

Source: Ministry of Environment, Forest and Climate Change

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