Introduction: Delhi Pollution Control Committee
Before the start of any new/Greenfield project or expansion/brownfield project, Environment clearance from Delhi Pollution Control Committee is required which signifies that this project is not harmful or hazardous to the environment or society. Consequently, the Government has laid down certain restrictions and prohibitions on new projects/activities or on the expansion or modernization of existing projects or activities based on their potential environmental impacts, unless prior environmental clearance has been granted in accordance with the objectives set forth. Further, these projects are categorized in the following categories:
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Category A – Where Govt. of India processes the environmental clearance applications.
Category B – Where the State-level Environment Impact Assessment Authority (SEIAA, TS) processes the environmental clearance applications.
Preliminary guidance for Applicants
Industries are categorized in the following manner:
- Exemption of certain industries from obtaining Consent
In the process of prior Environmental Clearance, there are 4 stages. These are as under:
- Stage I: Screening
- Stage II: Scoping
- Stage III: Public Consultation
- Stage IV: Appraisal
Procedure to obtain Clearance from Delhi Pollution Control Committee (DPCC)
Below is the procedure to obtain environmental clearance from Delhi Pollution Control Committee:
- The applicant has to apply in the prescribed application format i.e. Form- 1 (or Form 1 & 1A in case of construction projects) along with relevant documents to the concerned Authority (MoE&F, GOI in case of Category-A projects or SEIAA, TS in case of Category-B projects).
- The applicant is invited to the meeting of the State-Level Expert Appraisal Committee (SEAC), an advisory committee to the State-level Environment Impact Assessment Authority (SEIAA). The applications are subjected to screening and scoping. The SEAC issues Terms of References (TORs) to the project applicants based on the climatic conditions of the region, surroundings of the site, manufacturing process, pollution generated from the proposed project, etc.
- The applicant has to prepare a draft Environment Impact Assessment (EIA) report based on the TORs issued by the SEAC. The applicant approaches Delhi Pollution Control Committee (DPCC) to undergo the process of public consultation. The public hearing is conducted under the Chairmanship of the District Magistrate or his /her representative not below the rank of an additional District Magistrate assisted by the representative of DPCC. A paper notification is issued in the local newspapers both in Hindi and English languages 30 days in advance, indicating the date, time and venue for the public hearing. The public hearing will be conducted on the date specified in the paper notification. The minutes of the public hearing are prepared and sent along with the representations received from the public to the concerned Authority i.e. MoE&F, GOI for Category-A projects, and SEIAA for Category-B projects.
- The applicant prepares the final EIA report incorporating the issues raised in the public hearing and submits it to the concerned Authority i.e. MoE&F, GOI for Category-A projects and SEIAA for Category-B projects.
- The Delhi Pollution Control Committee appraises the final EIA report, minutes of the public hearing and representations received from the public, and the reply /commitments of the applicant on the issues raised in the public hearing. A final decision is taken regarding the issue of environmental clearance, and conditions to be stipulated in the EC. Accordingly, environmental clearance is issued. If the Authority decides to reject the application of EC, the decision will be communicated to the applicant along with reasons for rejection.
- As per the provisions laid under the EIA-2006 notification, the maximum time required for the processing of an application for issue of Environmental Clearance is about 10 to 12 months. (i.e. for above mentioned 4 stages).
General condition (GC)
Any project/activity specified in Category B will be treated as Category A, if located in whole or in part within 10 km from the boundary of: (i) Protected Areas as notified under the Wild Life (Protection) Act, 1972, (ii) Critically Polluted areas as notified by the Central Pollution Control Board from time to time, (iii) Notified Eco-sensitive areas, (iv) inter-State boundaries and international boundaries.
Specific condition (SC)
If any Industrial Estate/Complex / Export processing Zones /Special Economic Zones/Biotech Parks / Leather Complex with a homogeneous type of industries, or those Industrial estates with a predetermined set of activities (not necessarily homogeneous), obtains prior environmental clearance, individual industries including proposed industrial housing within such estates /complexes will not be required to take prior environmental clearance, as long as the Terms and Conditions for the industrial estate/complex are complied with (Such estates/complexes must have a clearly identified management with the legal responsibility of ensuring compliance to the Terms and Conditions of prior environmental clearance, who may be held responsible for violation of the same throughout the life of the complex/estate).
This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not corpseed, and have not been evaluated by corpseed for accuracy, completeness, or changes in the law.
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