Chapter 2 - Kerala Govt Logo

Chapter 2Policy, Legislation and RegulationThe Government of Kerala, in the Directorate of Panchayat issued a circular No. C3/21688/96on 17/07/1996, directing the LSGs to permit constructions or any activities within the coastalregulation zones in accordance with the restrictions imposed by the CRZ Notification, 1991.The State Government also directed the LSGs to inspect the coastal areas and report theviolations of the notifications to the State government for initiating legal proceedings againstthe violators. Within the provisions of the rule, regulation of certain activities like houseconstruction, livelihood linked development activities etc can be done by the LSGs, providedthey are equipped with database, especially cadastral maps enabling the delineation of theHTL.2.2.2.7. Environmental Impact Assessment Notification 1994In exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) ofsection 3 of the Environment (Protection) Act, 1986, read with clause (d) of sub-rule (3) of rule5 of the Environment (Protection) Rules, 1986 and in supersession of the notification numberS.O. 60 (E) dated the 27 th January, 1994, except in respect of things done or omitted to bedone before such supersession, the Central Government directed that construction of newprojects or activities or the expansion or modernization of existing projects or activitiesfalling under 39 types of projects under 8 categories entailing capacity addition with change inprocess and or technology shall be undertaken in any part of India only after the priorenvironmental clearance from the Central Government or as the case may be, by the StateLevel Environment Impact Assessment Authority (SEIAA), duly constituted by the CentralGovernment under sub-section (3) of section 3 of the said Act, in accordance with theprocedure specified in this notification. The Notification provides for:Categorization of projects and activities to Category „A‟ and Category „B‟ based on thespatial extent of potential impacts and potential impacts on human health and natural andmanmade resourcesConstitution of State Level Environment Impact Assessment Authority (SEIAA)Requirement of prior Environmental Clearance (EC) from the Central Government in theMinistry of Environment and Forests for projects and activities falling under Category „A‟and the SEIAA for projects and activities falling under Category „B‟, before anyconstruction work, or preparation of land by the project management except for securingthe land, is startedConstitution of Screening, Scoping and Appraisal Committees at the Central and State orthe Union territory level Government (EAC and SEACs) to screen, scope and appraiseprojects or activities in Category „A‟ and Category „B‟ respectively.Process of prior EC after four stages of evaluation namely, Screening (Only for Category „B‟projects and activities), Scoping, Public Consultation and AppraisalPeriod of validity of Environmental Clearance (EC) as 10 years in the case of River Valleyprojects, 30 years for mining projects and 5 yearsin the case of all other projects and activities witha provision for extension for a maximum period of5 years by the regulatory authorityPost EC Monitoring and submission of half-yearlycompliance reports in respect of the terms andThe notification covers only majorprojects and the local bodies have nodirect role in the enforcement of itsprovisions. However, therepresentatives of the LSGs play amajor role in public consultationprocess. The projects which areoutside the ambit of this notificationonly fall under the purview of theproposed ESMF.