NEW DELHI: Infrastructure projects being cleared without following the proper procedures has prompted the Centre to instruct the states to avoid issuing prior operation certificates before the stakeholders avail environment clearance.
Exercising powers conferred by Section 5 of the Environment (Prosecution) Act, the Ministry of Environment, Forest and Climate Change has directed all state pollution control boards to ascertain the applicability of Environment Impact Assessment (EIA) Notification at the time of grant/renewal of CTE and stipulate appropriate condition for obtaining Environment Clearance (EC), if applicable, before construction/commencement of project/activity.
In its directive, the environment ministry said that many a times, it was observed that while industrial units are in possession of valid Consent to Establish (CTE)/Consent to Operate (CTO) issued by Pollution Control Boards, they have not obtained the environment clearance even though it was required as per the EIA Notification, 2006.
The ministry said that it has been observed that this situation is arising because majority of the state pollution control boards are issuing CTE/CTO to projects without ascertaining the applicability of prior EC to projects/activities, resulting in an avoidable situation of closure of even those industries also who seek to carry out their activities following due procedure.
"Obtaining the consent under Water (Prevention & Control of Pollution) Act, 1974 & Air (Prevention & Control of Pollution) Act, 1981 is mandatory for all industrial units in Red, Orange and Green categories. The grant of EC and consents are requirements under different statutes and are not interdependent and can be carried out as a parallel process," said the order issued last week by the Impact Assessment Division in the ministry.