In the first first major policy decision under new minister Jayanthi Natarajan,the Environment Ministry has sought to simplify the process to be followed for obtaining environmental and forest clearances for industrial or mining projects that are located on forest land.
While reiterating the principle that no environmental clearance can be granted to a project till it obtains forest clearance,the ministry has allowed the two processes to go on simultaneously. This is a significant change from a March 31 order issued by the ministry,under the then minister Jairam Ramesh,that sought to put the process of appraising a project for environmental clearance in abeyance till the stage-I forest clearance was obtained.
The argument then had been that companies often make investments at the project site on the basis of the environmental clearance and this investment is then put forward as the rationale for obtaining forest approval. In a recent case,the Supreme Court had accepted the general principles laid down in that order and stressed that in cases where environmental clearance is required for a project on forest land,the forest clearance shall be obtained before the grant of environmental nod.
Forest clearance is required for the diversion of forest land for non-forest purposes. Environmental clearance is given after appraising the likely impact of the project on environment.
By allowing the two processes to proceed simultaneously,the Ministry has tried to cut down on the time required for a project to obtain green clearances,a prospect that would be welcomed by the industry. Natarajan has been assuring her cabinet colleagues as well that she would try her best to cut down on delays in obtaining green approvals.
The latest order from the Ministry clarifies that environmental clearance if it comes first would be held in abeyance till the forest clearance is obtained. The company would have up to 12 months extendable up to 18 months in exceptional circumstances to obtain the forest clearance. If it is not obtained in the prescribed time,the environmental clearance would stand rejected and the whole process would have to start afresh.