Environmental clearance not required for Big reality projects

Real estate projects including Group Housing and Townships need to get Environment Impact Assessment (EIA) done before starting the construction. The State Environment Impact Assessment Authorities (SEIAA) which comes under the Environment Ministry, give environment clearance to the project. Along with EIA, there are approvals required from authorities like National Wildlife Board for projects close to Eco-sensitive zones. Lack of coordination and understanding had earlier created issues like NGT stay on projects near Okhla Bird Sanctuary

In the latest move by the Central Government, the Ministry of Environment under the ease of doing business have done away with the mandatory environment clearances from environment ministry for real estate projects. Instead, the state governments have been asked to include these norms in the building by-laws.

Environment Impact Assessment

The purpose of Environmental Impact Assessment (EIA) is to identify and evaluate the potential impacts (beneficial and adverse) of development and projects on the environmental system. On a broader level, Environment Impact Assessment include the following:-

  • Those which can significantly alter the landscape, land use pattern and lead to concentration of working and service population;
  • Those which need upstream development activity like assured mineral and forest products supply or downstream industrial process development;
  • Those involving manufacture, handling and use of hazardous materials;
  • Those which are sited near ecologically sensitive areas,urban centers, hill resorts,places of scientific and religious importance.
  • Industrial Estates with constituent units of various types which could cumulatively cause significant environmental damage.

In simple terms, Group Housing projects are also included in this criteria.

Existing Law

Under the current Law, projects with more than 20000 sq meters of an area are required to do the Environment Impact Assessment (EIA). Based on EIA, SEIAA decides if the projects should be given a clearance or not.

New Proposal (Separate environmental clearance for individual buildings not needed)

The Government is proposing that if States (local authorities) adopts an environmental objective and monitorable environmental conditions in their building bye-laws, a separate environmental clearance for individual buildings will not be required from the environmental bodies.

States are required to send the proposed bylwas to the Ministry of Environment, Forest and Climate Change, who will examine the draft and convey the concurrence. The local authorities like development authorities, Municipal Corporations, State Pollution Control Boards (for buildings only above 20000 sq. mtrs) will certify the compliance of these environmental conditions prior to issuance of Completion Certificate and Consent to Operate, as applicable as per the requirements stipulated for such buildings.

Full text of the notification dated 29th April 2016:

The Government has decided to integrate the environmental conditions with the building permission (except for hospitals) being granted by the local authorities, the buildings and constructions as per the size shall follow the prescribed objective, monitorable environmental conditions as given at Appendix-XIII. The States adopting these objective and monitorable environmental conditions in their building bye-laws and relevant laws and incorporating these conditions in the approvals given for building construction making it legally enforceable shall not require a separate environmental clearance for individual buildings. The States shall send such proposed changes in their bye-laws and rules to the Ministry of Environment, Forest and Climate Change, who will examine the draft and convey the concurrence. After the State finally notifies the bye-laws and rules concurred by the Ministry, the Ministry shall issue an order under this notification through individual decision that no separate environmental clearance is required for buildings located in those States or local authority areas for which such rules have been notified or laws enacted. The local authorities like development authorities, Municipal Corporations, State Pollution Control Boards (for buildings only above 20000 sq. mtrs) will certify the compliance of these environmental conditions prior to issuance of Completion Certificate and Consent to Operate, as applicable as per the requirements stipulated for such buildings. The States where such legislation or rules are not made will continue to follow the arrangement of appraisal of individual projects and grant of Environmental Clearance for buildings and constructions as per the provisions laid down in this notification.”.

ENVIRONMENTAL CONDITIONS FOR BUILDINGS AND CONSTRUCTIONS

(CATEGORY ‘3’: 50000 to 150000 square meters) –

[Most group housing project fall under this category]

MEDIUMENVIRONMENTAL CONDITIONS
Natural DrainageThe inlet and outlet point of natural drain system should be maintained with adequate size of channel for ensuring unrestricted flow of water.
Water conservation – Rain Water Harvesting, and Ground Water RechargeA rain water harvesting plan needs to be designed where the recharge bores (minimum one per 5000 sq mt of built up area) shall be provided. The rain water harvested should be stored in a tank for reuse in household through a provision of separate water tank and pipeline to avoid mixing with potable municipal water supply. The excess rain water harvested be linked to the tube well bore in the premise through a pipeline after filtering arrangement of the rain water. The unpaved area shall be more than or equal to 20% of the recreational open spaces. The ground water shall not be withdrawn without approval from the competent authority. Use of potable water in construction should be minimized. Low flow fixtures and sensors be used to promote water conservation. Separation of grey and black water should be done by the use of duel plumbing system.
Solid Waste ManagementSeparate wet and dry bins must be provided at the ground level for facilitating segregation of waste. All non-biodegradable waste shall be handed over to authorized recyclers for which a written tie up must be done with the authorized recyclers. Organic waste composter/Vermiculture pit with a minimum capacity of 0.3 kg/tenement/day must be installed wherein the TP sludge may be used to be converted to manure which could be used at the site or handed over to authorized recyclers for which a written tie up must be done with the authorized recyclers.
EnergyAll common area lighting must be of LED/Solar lights. At least 1% of connected applied load generated from renewable energy source such as photovoltaic cells or wind mills or hybrid be provided. As per the provisions of the Ministry of New and Renewable Energy solar water heater of minimum capacity 100 lit/ 4 persons (25 litre per capita) to be installed. Use of flyash bricks. Fly ash should be used as building material in the construction as per the provisions of Fly Ash Notification of September, 1999 and as amended from time to time. Use of concept of passive solar design of buildings using architectural design approaches that minimize energy consumption in buildings by integrating conventional energy-efficient devices, such as mechanical and electric pumps, fans, lighting fixtures and other equipment, with the passive design elements, such as building orientation, landscaping, efficient building envelope, appropriate fenestration, increased day lighting design and thermal mass. Optimize use of energy systems in buildings that should maintain a specified indoor environment conducive to the functional requirements of the building by following mandatory compliance measures (for all applicable buildings) as recommended in the Energy Conservation Building Code (ECBC) 2007 of the Bureau of Energy Efficiency, Government of India.
Air Quality and NoiseDust, smoke & debris prevention measures such as wheel washing, screens, barricading & debris chute shall be installed at the site during construction including plastic/tarpaulin sheet covers for trucks bringing in sand & material at the site. The exhaust pipe of the DG set if installed must be minimum of 10 mtr. away from the building or incase it is less than 10m away, the exhaust i e shall be taken u to 3m above the building. The exhaust pipe of the DG set if installed must be minimum of 10mtr. Away from the building or incase it is less than 10m away, the exhaust pipe shall be taken up to 3m above the building.
Green CoverA minimum of 1 tree for every 80 sq.mt. of land shall be planted and maintained. The existing trees will be counted for this purpose. Preference should be given to planting native species. Where the trees need to be cut compensatory plantation in the ratio of 1:3 (i.e. planting of 3 trees for every 1 tree that is cut) and maintained.
Sewage Treatment PlantSewage treatment plant of capacity of treating 100% waste water to be installed. Treated water be recycled for gardening and flushing.
Environment Management PlantThe environment infrastructure like Sewage Treatment Plant, Management Landscaping, Rain Water Harvesting, Power backup for environment Plan infrastructure, Environment Monitoring, Solid Waste Management and Solar and Energy conservation, should be kept operational through Environment Monitoring Committee with defined functions and responsibility.

(CATEGORY ‘1’: 5000 to 20000 square meters)

MEDIUMENVIRONMENTAL CONDITIONS
Natural DrainageThe inlet and outlet point of natural drain system should be maintained with adequate size of channel for ensuring unrestricted flow of water.
Water conservation – Rain Water Harvesting, and Ground Water RechargeA rain water harvesting plan needs to be designed where the recharge bores (minimum one per 5000 sq mt of built up area) shall be provided. The rain water harvested should be stored in a tank for reuse in household through a provision of separate water tank and pipeline to avoid mixing with potable municipal water supply. The excess rain water harvested be linked to the tube well bore in the premise through a pipeline after filtering arrangement of the rain water The unpaved area shall be more than or equal to 20% of the recreational open spaces.
Solid Waste ManagementSeparate wet and dry bins must be provided at the ground level for facilitating segregation of waste.
EnergyIn common area lighting must be of LED/Solar lights be provided.
Air Quality and NoiseDust, smoke & debris prevention measures such as screens, barricading shall be installed at the site during construction. Plastic/tarpaulin sheet covers for trucks bringing in sand & material at the site. The exhaust pipe of the DG set if installed must be minimum of 10 mtr. away from the building or incase it is less than 10m away, the exhaust i e shall be taken u to 3m above the building.
Green CoverA minimum of 1 tree for every 80 sq.mt. of land shall be planted and maintained. The existing trees will be counted for this purpose. Preference should be given to planting native species. Where the trees need to be cut compensatory plantation in the ratio of 1:3 (i.e. planting of 3 trees for every 1 tree that is cut) and maintained.

(CATEGORY ‘2’: 20000 to 50000 square meters)

MEDIUMENVIRONMENTAL CONDITIONS
Natural DrainageThe inlet and outlet point of natural drain system should be maintained with adequate size of channel for ensuring unrestricted flow of water.
Water conservation – Rain Water Harvesting, and Ground Water RechargeA rain water harvesting plan needs to be designed where the recharge bores (minimum one per 5000 sq mt of built up area) shall be provided. The rain water harvested should be stored in a tank for reuse in household through a provision of separate water tank and pipeline to avoid mixing with potable municipal water supply. The excess rain water harvested be linked to the tube well bore in the premise through a pipeline after filtering arrangement of the rain water. The unpaved area shall be more than or equal to 20% of the recreational open spaces.
Solid Waste ManagementSeparate wet and dry bins must be provided at the ground level for facilitating segregation of waste. All non-biodegradable waste shall be handed over to authorized recyclers for which a written tie up must be done with the authorized recyclers. Organic waste composter/Vermiculture pit with a minimum capacity of 0.3 kg/tenement/day must be installed
EnergyAll common area lighting must be of LED/Solar lights. At least 1% of connected applied load generated from renewable energy source such as photovoltaic cells or wind mills or hybrid be provided. As per the provisions of the Ministry of New and Renewable Energy solar water heater of minimum capacity 100 lit/ 4 persons (25 litre per capita) to be installed. Use of flyash bricks. Fly ash should be used as building material in the construction as per the provisions of Fly Ash Notification of September, 1999 and as amended from time to time.
Air Quality and NoiseDust, smoke & debris prevention measures such as wheel washing, screens, barricading & debris chute shall be installed at the site during construction including plastic/tarpaulin sheet covers for trucks bringing in sand & material at the site. The exhaust pipe of the DG set if installed must be minimum of 10 mtr. away from the building or incase it is less than 10m away, the exhaust i e shall be taken u to 3m above the building. The exhaust pipe of the DG set if installed must be minimum of 10mtr. Away from the building or incase it is less than 10m away, the exhaust pipe shall be taken up to 3m above the building.
Green CoverA minimum of 1 tree for every 80 sq.mt. of land shall be planted and maintained. The existing trees will be counted for this purpose. Preference should be given to planting native species. Where the trees need to be cut compensatory plantation in the ratio of 1:3 (i.e. planting of 3 trees for every 1 tree that is cut) and maintained.

 

2 thoughts on “Environmental clearance not required for Big reality projects

  • July 17, 2016 at 1:59 pm
    Permalink

    SLOWLY ALL AMMENDMENTS WILL BE DONE TO FAVOUR BUILDERS, AND FINALLY THE RERA BILL WHICH HAVE BEEN REJOICED BY THE BUYERS AS OF NOW, WOULD BE A BILL WITH NO TEETH.
    IT WILL BE SIMILAR GIMMICK OF BRINGING THE STASHED MONEY BROAD BY MODI!!
    ITS JUST AN EYEWASH WHICH MODI GOVERMENT IS AT ITS BEST .
    WELCOME TO INDIA

  • July 18, 2016 at 6:16 am
    Permalink

    I don’t see any issue here, it’s just that they are reducing the number of approvals. Instead of SEIAA doing this job, local authorities will do it.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.