NEW DELHI: The Ministry of Environment, Forest and Climate Change has extended the validity period of prior Environmental Clearances (ECs) for ports, harbours, breakwaters and dredging projects from the existing 10 years to 20 years, with provisions for two further extensions of up to five years each.
However, the Expert Appraisal Committee (EAC) or State-level EAC may recommend additional environmental safeguards for incorporation into the project’s Environmental Management Plan if a validity extension for another five years is sought.
TNIE first reported the draft amendment notification related to the ports and harbours project issued in May for consultation this year. Stakeholder consultations subsequently included a request from the Ministry of Ports, Shipping and Waterways to consider longer validity period.
The final notification also formally inserts ports, harbours, breakwaters and dredging alongside mining projects in the relevant EIA validity provisions.
The change was notified on Monday through an amendment to the Environment Impact Assessment (EIA) Notification, 2006. Under the amended provision, an EC granted to ports, harbours, breakwaters and dredging projects will remain valid for 20 years.
Experts emphasise that the main goal of this amendment is to enhance the “ease of doing business” and to ensure that major infrastructure projects do not come to a halt. An extended timeframe for issuing ECs will give the government the ability to address stalled projects with greater regulatory certainty. An official noted, “This move protects critical, multi-phase maritime projects from being forced to cease construction and reapply for clearances from scratch.”
The validity may subsequently be extended by another five years, subject to an examination of the adequacy of environmental safeguards already prescribed in the EC. The
EAC or State-level EAC may recommend additional safeguards for incorporation into the project’s EMP.
A further extension of up to five years may also be considered in deserving cases where a project has not been operationalised even after the first extension. Such an extension will again require examination of the existing environmental safeguards and may be accompanied by additional measures in the EMP.
Previously, environmental clearance for ports and harbours was valid for an initial 10-year period and could be extended by one year.
The ministry said the revision was necessitated by the long gestation periods and phased development characteristics of port and harbour projects. The proposal followed recommendations from the Sectoral Expert Appraisal
Committee and EAC. Before finalisation, the expert committee also compared the EC validity period for these projects with other ventures, such as nuclear power plants and mining, which have undergone similar rationalisations for the same reasons.
According to the notification, the committee was of the opinion that, considering the long gestation and phased development characteristic of Port and Harbour projects, the validity period of Environmental Clearances granted to ports and harbours need to be rationalised as the existing validity appears to be insufficient.
20-year window
Port, harbour, breakwater and dredging ECs now valid for 20 years
Validity can be extended by 5 years, subject to safeguards review
Another 5-year extension possible in deserving cases
EACs can add environmental safeguards to project management plans
Change aims to prevent long-term, phased projects from stalling
Earlier, ECs were valid for 10 years, with a 1-year extension