The Rajasthan Pollution Control Board (“RPCB”), through a notification dated 27th December, 2019, has clarified that Environmental Clearances (“ECs”) which were provided under para 12 of the Environment Impact Assessment (“EIA”) Notification, 2006, will be considered to have been obtained under EIA Notification, 2006.
Para 12 of EIA Notification, 2006 (“2006 Notification”) was introduced to cover all EC applications made under EIA Notification, 1994 and pending approval before the date of final publication of the 2006 notification. For such pending applications the Central Government was at liberty to relax any one or all provisions of the 2006 notification.
As the EIA Notification, 1994 was superseded by the EIA Notification, 2006 all pending applications made for prior environmental clearance was covered within the ambit of Para 12 of the EIA Notification, 2006.
Background:
The Ministry of Environment and Forests (“Ministry”), through a notification dated 20th December, 2019, had clarified that even ECs obtained under para 12 of the 2006 EIA Notification will be considered to have been obtained under the 2006 Notification and not under the 1994 Notification. Hence, through this notification, the RPCB is reiterating the clarification given by the Ministry.
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- Operation of EIA Notification, 1994, till disposal of pending cases:
From the date of final publication of this notification the Environment Impact Assessment (EIA) notification number S.O.60 (E) dated 27th January, 1994 is hereby superseded, except in suppression of the things done or omitted to be done before such suppression to the extent that in case of all or some types of applications made for prior environmental clearance and pending on the date of final publication of this notification, the Central Government may relax any one or all provisions of this notification except the list of the projects or activities requiring prior environmental clearance in Schedule I, or continue operation of some or all provisions of the said notification, for a period not exceeding one year from the date of issue of this notification.
Source: Rajasthan State Pollution Control Board
