Kerala Gazette No. 3 dated 17th January 2012.

PART I

GOVERNMENT OF KERALA

Abstract

ENVIRONMENT (PROTECTION) ACT, 1986—PRIOR ENVIRONMENT CLEARANCE UNDER

EIA NOTIFICATION 2006—COMMENCEMENT OF WORK/ACTIVITIES WITHOUT

OBTAINING CLEARANCE—ACTION AGAINST PROPONENTS—ORDERS ISSUED

ENVIRONMENT (B) DEPARTMENT

G. O. (Ms.) No. 10/2011/Envt.

Dated, Thiruvananthapuram, 24th December 2011.

Read: —1.

Letter No. 21-292/2008/1A.III dated 25-8-2008 from the Director,

Ministry of Environment & Forests, GoI.

2.

Government Letter No. 14041/A2/08/Envt. dated 25-8-2011

addressed to the Chairman, Kerala State Pollution Control Board.

3. Letter No. J-11011/109/2010-IA-II (I) dated 1-11-2011 from the

Ministry of Environment & Forests, GoI.

ORDER

Consequent upon repeated directives of the Ministry of Environment,

Government of India that project proponents of applications received by the

Ministry for prior environmental clearance under the EIA Notification 2006,

use to start the construction activities without waiting for the decision of

the Government of India on their applications and getting clearance as

required by law, and hence to take action under the Environment (Protection)

Act 1986, Government have issued instructions to the Kerala State Pollution

Control Board vide the letter second cited that in all such cases of

violation of law, legal action shall be taken without fail.

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2.

In the letter last cited, the Ministry of Environment and Forests

has informed that a state public undertaking, application of which for prior

environmental clearance for a major project, was pending under instructions

of the Ministry for revision of the draft EIA report incorporating the issues

raised at the public hearing, informed the Expert, Appraisal Committee for the

project, at its next hearing that construction activities have already been

undertaken without the clearance. Ministry has directed to proceed against

the unit invoking provisions of the Environment (Protection) Act.

3.

The Environment (Protection) Act 1986 contains very stringent

penalties for contravention of the provision of the Act, the Rules, Orders and

Directions thereunder. The penalty is imprisonment extending up to 5 years

with fine which may extend one lakh rupees or with both. In the case of

companies, every person who at the time the offence was committed, was

directly in charge of, and was responsible for the conduct for the business

of the company, as well as the company shall be deemed to be guilty of the

offence and liable to be proceeded against and punished accordingly.

4.

In view of the increasing instances of violation of the

requirement of prior environmental clearance, Government hereby notify for

information and compliance of all P. S. Us and other proponents, of the

above consequences of violation, evasion, travesty or any kind of non-

observance of the provision of the notification, order or direction for the time

being in force governing the terms and conditions on prior environmental

clearance under the Environment (Protection) Act 1986 or the Rules

thereunder; for their proposed projects/activities impinging on environment in

any manner. In all such defaults the power under section 19 of the

Environment (Protection) Act could be invoked against the unit, for legal

actions. The Project proponents are therefore cautioned against violation of

the provisions of the notification and advised to ensure prior EIA clearance

in all required cases before construction works/activities are commenced, to

avoid post facto legal actions.

By order of the Governor,

JAMES VARGHESE,

Principal Secretary to Government.

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To,

1.

The Chief Executives of all Public Sector Undertakings.

2.

Secretary to Government of India, Ministry of Environment and

Forests, Paryavaran Bhavan, CGO Complex, Lodhi Road,

New Delhi-110 003.

3.

The Chairman, Kerala State Pollution Control Board.

4.

The Chairman, Kerala State Biodiversity Board.

5.

The Chairman, Kerala Coastal Zone Regulation Authority,

Sasthra Bhavan, Pattom, Thiruvananthapuram-4.

6.

The Executive Director, Kerala Bureau of Industrial Promotion,

Kurup’s Lane, Sasthamangalam, Thiruvananthapuram-695 010.

7.

Director, Kerala Forest Research Institutes, Peechi, Thrissur-680 653.

8.

Managing Director, KINFRA, Kinfra House, Thiruvananthapuram-10.

9.

Executive Vice President, Kerala State Council for Science, Technology

and Environment, Sasthra Bhavan, Pattom, Thiruvananthapuram-4.

10.

Project Director, Kerala Sustainable Urban Development Project, Trans

Towers, Vazhuthacaud, Thiruvananthapuram-14.

11.

Director, Bureau of Public Enterprises.

12.

Industries Department.

13.

Local Self Government Department.

14.

Science and Technology Department.

15.

Public Relations Department.

16.

SF/OC.