proposed integrated complex for delhi judicial academy

proposed integrated complex for delhi judicial academy proposed integrated complex for delhi judicial academy

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Rapid Environmental Impact Assessment (REIA) Study for Proposed Integrated Complex for Delhi Judicial Academy, National Law School, and National Institute for Mediation & Conciliation at Dwarka, New Delhi 2.2.4 The Water (Prevention and Control of Pollution) Act, 1974, amended in 1988 This Act has been enacted to implement measures devised for effective prevention and control of water pollution. It empowers the State Pollution Control Board to prepare manuals, codes or guides relating to treatment and disposal of sewage and trade effluents and information dissemination for maintaining or restoring wholesomeness of water. 2.2.5 The Water (Prevention and Control of Pollution) Cess Act, 1977 This Act provides for levy and collection of Cess on water consumed by persons carrying on certain activities and by the local authorities with a view to augment the resources of CPCB and SPCBs for the prevention and control of water pollution, constituted under the Water Act, 1974. It also covers specifications on affixing of meters, furnishing of returns, assessment of Cess, interest payable for delay in payment of Cess and penalties for non-payment of Cess within the specified time. 2.2.6 The Hazardous Wastes (Management and Handling) Rules, 1989 (as amended, May 2003) The Act requires owners to identify their wastes for applicability under the hazardous wastes amendment rules 2003 and manage them as per the prescribed guidelines. The assessment criteria under the amended rules are based on process and concentration. 2.2.7 THE PUBLIC LIABILITY INSURANCE ACT, 1991 The Public Liability Insurance Act (PLI), 1991, imposes on the owner the liability to provide immediate relief in respect of death or injury to any person or damage to any property resulting from an accident while handling any of the notified hazardous chemicals. This relief has to be provided on "no fault" basis. Owner handling hazardous chemicals has to take an insurance policy of an amount equal to its "paid up capital" or upto Rs 500 millions, which ever is less. The policy has to be renewed every year. New undertakings have to take this policy before the commencement of the activity. The owner also has to pay an amount equal to its annual premium to the Central Government's Environment Relief Fund (ERF). The payment under the Act is only for the immediate relief; owners shall have to provide the final compensation, if any, arising out of the legal proceedings. 2.2.8 Forest (Conservation) Act, 1980 Forest (Conservation) Act, 1980 pertains to the cases of diversion of forest area and felling of roadside plantation. Depending on the size of the tract to be cleared, clearances are applied for at the following levels of government: • If the area of forests to be cleared or diverted exceeds 20ha (or, 10ha in hilly area) then prior permission of Central Government is required; 24

Rapid Environmental Impact Assessment (REIA) Study for Proposed Integrated Complex for Delhi Judicial Academy, National Law School, and National Institute for Mediation & Conciliation at Dwarka, New Delhi • If the area of forest to be cleared or diverted is between 5 to 20ha, the Regional Office of Chief Conservator of Forests is empowered to approve; • If the area of forest to be cleared or diverted is below or equal to 5ha, the State Government can give permission; and, • If the area to be clear-felled has a forest density of more than 40%, permission to undertake any work is needed from the Central Government, irrespective of the area to be cleared. Restrictions and clearance procedure proposed in the Forest (Conservation) Act applies wholly to the natural forest areas, even in case the protected/designated forest area does not have any vegetation cover. If the activities are going to necessitate the diversion of forest area, then the respective line departments have to take the necessary clearances from the Forest Department / MoEF. 2.2.9 MUNICIPAL SOLID WASTES (MANAGEMENT AND HANDLING) RULES, 2000 The Municipal Solid Wastes (Management and Handling) Rules, 2000 provides for procedures for collection, segregation, storage, transportation, processing and disposal of municipal solid waste. 2.2.10 Ancient Monuments and Archaeological Sites and Remains Act, 1958 According to this Act, area within radii of 100m and 300m from the “protected property” are designated as “protected area” and “controlled area” respectively. No development activity (including building, mining, excavating, blasting) is permitted in the “protected area” and development activities likely to damage the protected property are not permitted in the “controlled area” without prior permission of the Archaeological Survey of India (ASI) if the site/remains/ monuments are protected by ASI or the State Department of Archaeology if these are protected by the State. Relevance to the Construction Projects (Housing and Office Complex): • Activities in protected areas should not be undertaken. • If activities are to be done in the controlled area of protected properties, then the necessary permissions should be taken from the ASI. 2.3 Applicable Environmental Standards The MoEF has the overall responsibility to set policy and standards for the protection of environment along with Central Pollution Control Board (CPCB). This includes air, noise, water, and hazardous waste standards. The relevant standards, which may be of significance to the proposed project, are as follows: 25

Rapid Environmental Impact Assessment (REIA) Study <strong>for</strong> Proposed Integrated Complex <strong>for</strong> Delhi Judicial Academy,<br />

National Law School, and National Institute <strong>for</strong> Mediation & Conciliation at Dwarka, New Delhi<br />

• If the area of <strong>for</strong>est to be cleared or diverted is between 5 to 20ha, the Regional Office of Chief<br />

Conservator of Forests is empowered to approve;<br />

• If the area of <strong>for</strong>est to be cleared or diverted is below or equal to 5ha, the State Government can<br />

give permission; and,<br />

• If the area to be clear-felled has a <strong>for</strong>est density of more than 40%, permission to undertake any<br />

work is needed from the Central Government, irrespective of the area to be cleared.<br />

Restrictions and clearance procedure <strong>proposed</strong> in the Forest (Conservation) Act applies wholly to<br />

the natural <strong>for</strong>est areas, even in case the protected/designated <strong>for</strong>est area does not have any<br />

vegetation cover. If the activities are going to necessitate the diversion of <strong>for</strong>est area, then the<br />

respective line departments have to take the necessary clearances from the Forest Department /<br />

MoEF.<br />

2.2.9 MUNICIPAL SOLID WASTES (MANAGEMENT AND HANDLING) RULES, 2000<br />

The Municipal Solid Wastes (Management and Handling) Rules, 2000 provides <strong>for</strong> procedures <strong>for</strong><br />

collection, segregation, storage, transportation, processing and disposal of municipal solid waste.<br />

2.2.10 Ancient Monuments and Archaeological Sites and Remains Act, 1958<br />

According to this Act, area within radii of 100m and 300m from the “protected property” are<br />

designated as “protected area” and “controlled area” respectively. No development activity<br />

(including building, mining, excavating, blasting) is permitted in the “protected area” and<br />

development activities likely to damage the protected property are not permitted in the “controlled<br />

area” without prior permission of the Archaeological Survey of India (ASI) if the site/remains/<br />

monuments are protected by ASI or the State Department of Archaeology if these are protected by<br />

the State.<br />

Relevance to the Construction Projects (Housing and Office Complex):<br />

• Activities in protected areas should not be undertaken.<br />

• If activities are to be done in the controlled area of protected properties, then the necessary<br />

permissions should be taken from the ASI.<br />

2.3 Applicable Environmental Standards<br />

The MoEF has the overall responsibility to set policy and standards <strong>for</strong> the protection of<br />

environment along with Central Pollution Control Board (CPCB). This includes air, noise, water,<br />

and hazardous waste standards. The relevant standards, which may be of significance to the<br />

<strong>proposed</strong> project, are as follows:<br />

25

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