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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.
Environmental Assessment ReportKerala Local Government Strengthening Projectconditions stipulated while providing prior environmental clearanceTreating any project or activity specified in Category „B‟ as Category A, if located in wholeor in part within 10 km from the boundary of: (i) Protected Areas notified under the WildLife (Protection) Act, 1972, (ii) Critically Polluted areas as notified by the Central PollutionControl Board from time to time, (iii) Notified Eco-sensitive areas, (iv) inter-Stateboundaries and international boundaries.Exemption from prior EC if any Industrial Estate/Complex/Export Processing Zones /SpecialEconomic Zones/Biotech Parks/Leather Complex with homogeneous type of industries orthose Industrial estates with pre –defined set of activities (not necessarily homogeneous,individual industries including proposed industrial housing within such estates/complexes), so long as the Terms and Conditions of prior environmental clearance for theindustrial estate/complex are complied with.2.2.2.8. Bio-Medical Wastes (Management and Handling) Rules, 1998The Bio Medical Wastes (Management and Handling) Rules was introduced by the Governmentof India on 20th July 1998 under section 5, 8 and 25 of the Environment (Protection) Act, 1986with an objective to regulate the management and handling of Bio- medical wastes. The rulesapply to all persons who generate, collect, receive, store, transport, treat, dispose or handlebiomedical waste (BMW) in any form. The salient aspects of the rules are:Responsibility for handling BMW, without any adverse impact to the human health andenvironment, has been vested with the occupier of the institution generating such wastesAll hospital, nursing home, clinic, dispensary, veterinary institution, animal house,pathological laboratory, blood bank by whatever name they are called have been coveredNecessitates treatment and disposal in compliance with the standards specified and settingup of own treatment facility or linking it with a common facilityClassify BMW into 10 categories and prescribe specificdisposal modeMixing of BMW with other wastes banned.Segregation of BMW to be ensured at the point of generation Ensuring storage as per colour coding and not beyond 48hours without permission.Restricting transportation of untreated BMW only in authorized vehiclesTime limit prescribed for adoption of various handling and disposal facilities.Responsibility to LSGs to set up common disposal sites for BMW.Projects for facilitating theimplementation of this rulein hospitals transferred tothe LSGs shall come underthe purview of the proposedESMF.The compliance to BMW (Management & Handling) can be assessed based on six componentsnamely segregation, packaging, transportation, storage, treatment and disposal. If all thesecomponents are considered in strict terms, the overall compliance of the BMW rules in thestate may not be more than 20%. The state has a total bed strength of about 1.10 lakh andonly about 25000 beds are covered under the Rule through a common facility established bythe Indian Medical Association (IMA) at Palakkad. It ensures transportation of segregated andlabeled waste, their treatment and disposal. There is significant improvement in segregationof biomedical wastes in major government hospitals like district and general hospitals andprivate hospitals with bed strength more than 50. About 70-80% of such hospitals now practices38
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