The Ministry of Environment, Forest, and Climate Change (“Ministry”) in a Notification dated 18th January, 2021 has issued the following amendments to the Environment Impact Assessment Notification dated 14th September, 2006 (“Principal Notification”) which mandated the requirement of prior environmental clearance from the concerned regulatory authority mandatory for all new projects or activities listed in the Schedule to the said notification, their expansion and modernisation and/or change in product mix, as the case may be, before any construction work or preparation of land by the project management except for securing the land
| Principal Notification | Amendment | Implication |
| Paragraph 7
(i) (…)
II. Stage (2) – Scoping
(…)
(ix). Not present |
Paragraph 7
(i) (…)
II. Stage (2) – Scoping
(…)
(ix). Notwithstanding anything contained above, the period from the 1st April, 2020 to the 31st March, 2021 shall not be considered for the purpose of calculation of the period of validity of Terms of Reference granted under the provisions of this notification in view of outbreak of Corona Virus (COVID-19) and subsequent lockdowns (total or partial) declared for its control, however, all activities undertaken during this period in respect of the said Terms of Reference shall be treated as valid |
Through the amendment, a new sub clause has been inserted basis which the period from the 1st April, 2020 to the 31st March, 2021 will not be considered for the purpose of calculation of the period of validity of Terms of Reference granted under the provisions of this notification.
The said relaxation has been granted in light of the outbreak of the pandemic COVID 19 and the lockdowns declared to control its spread.
Please note that all activities undertaken during this period in respect of the said Terms of Reference shall be treated as valid. |
| Paragraph 9A
Notwithstanding anything contained in this notification, the validity of prior environmental clearances granted under the provisions of this notification in respect of the projects or activities whose validity is expiring in the Financial Year 2020-2021 shall deemed to be extended till the 31st March, 2021 or six months from the date of expiry of validity, whichever is later. Such extension is subject to same terms and conditions of the prior environmental clearance in the respective clearance letters, to ensure uninterrupted operations of such projects or activities which have been stalled due to the outbreak of Corona Virus (COVID-19) and subsequent lockdowns (total or partial) declared for its control |
Paragraph 9A
Notwithstanding anything contained in this notification, the period from the 1st April, 2020 to the 31st March, 2021 shall not be considered for the purpose of calculation of the period of validity of Prior Environmental Clearances granted under the provisions of this notification in view of outbreak of Corona Virus (COVID-19) and subsequent lockdowns (total or partial) declared for its control, however, all activities undertaken during this period in respect of the Environmental Clearance granted shall be treated as valid. |
Owing to the pandemic, the period from the 1st April, 2020 to the 31st March, 2021 will not be considered for the purpose of calculating the period of validity of Prior Environmental Clearances.
Please note that all activities undertaken during this period in respect of Environmental Clearance will be treated as valid.
Earlier, through an amendment, the validity of prior environmental clearances granted under the provisions of the Notification in respect of the projects or activities whose validity is expiring in the Financial Year 2020-2021 is deemed to be extended till the 31st March, 2021 or six months from the date of expiry of validity, whichever is later.
Now, the said provision is being entirely substituted.
|
Background:
in view of the outbreak of Corona Virus (COVID-19) and subsequent lockdowns (total or partial) declared for its control, implementation of projects or activities in the field has been affected. The Ministry has received number of requests for extension of the validity of prior environmental clearances beyond the maximum period allowed in the said notification, as the COVID-19 pandemic has not yet come to an end.
In light of these, the present amendment has been issued.
Source: Ministry of Environment, Forest and Climate Change
