Showing posts with label Environment Protection Act. Show all posts
Showing posts with label Environment Protection Act. Show all posts

Wednesday, 20 February 2013

MoEF extends deadline for states to declare eco-sensitive zones around wildlife parks and sanctuaries

Kumar Sambhav S

It is the last opportunity for states, warns ministry official

The Union Ministry of Environment and Forests (MoEF) has extended the deadline for the states to declare eco-sensitive zones  around national parks and wildlife sanctuaries by three more months. The previous deadline expired on February 15.

Eco-sensitive zones are the ecologically important areas designated to be protected from industrial pollution and unregulated development under the Environment Protection Act of 1986. In 2002, MoEF had decided to declare an area of 10 km from the boundaries of protected areas as eco-sensitive zones to create a buffer around them. But many states opposed it, fearing it would hamper development. The decision was challenged in the Supreme Court. In 2005, MoEF, on the recommendation of the National Board of Wildlife (NBWL), decided that states will declare eco-sensitive zones on site-specific, case-to-case basis, and that industrial activity in such zones would be regulated instead of being prohibited. Till the time these zones are not notified, all projects that require environmental clearance and fall within 10 km of the boundary of a protected area were to be placed before NBWL’s standing committee for approval.

The ministry has sent several reminders to states to propose eco-sensitive zones. It formulated guidelines to declare area-specific eco-sensitive zones in February 2011, but not many states forwarded proposals. India has 102 national parks and 515 wildlife sanctuaries, but till January this year, only seven eco-sensitive zones were notified around protected areas. In the meanwhile, the Central Empowered Committee (CEC) that advises the Supreme Court on forest matters suggested that such zones should be limited to up to two kilometres from the boundary of the national parks. It said this would expedite the process of declaring the eco-sensitive zones. The ministry, however, did not buy this argument and advocated the existing mechanism of declaring site-specific safety zones around each protected area or restricting industrial activity within 10 km from its boundary in case such zones are not identified (see ‘Smaller eco zone irks ministry’).

Later, the ministry issued directions to the states on December 31, 2012, giving them the deadline of February 15 to send proposals for site-specific eco-sensitive zones around the protected areas. It said if the proposals were not sent for particular protected area by the deadline, the restrictions on industrial development will be imposed in an area of 10 km around that protected area. As the states panicked and started preparing the proposals, communities living around several protected areas in the country started protesting against the declaration of these zones. Reports from Maharashtra, Goa and Madhya Pradesh suggest people feared that notification of such zones would hamper their development.

While many states have formed committees of forest department and environmentalists to identify eco-sensitive zoones, it seems not many of them could comply with the deadline of February 15. “The states have requested for more time. Preparation of proposals has progressed well in several states but it is pending approval at the state governments' level. We have given them a last opportunity by extending the deadline for three more months,” said an official in the MoEF.

Source: http://www.downtoearth.org.in/content/moef-extends-deadline-states-declare-eco-sensitive-zones-around-wildlife-parks-and-sanctuari

Tuesday, 29 January 2013

National Highway To Doom

BAHAR DUTT

No, Mr PM. Our green laws are not impeding the country’s development

AT A recent Cabinet meeting, Prime Minister Manmohan Singh lamented that green laws are the new ‘Licence Raj’. This is not the first time the PM has expressed this view; in 2011, he emphasised at a public forum that “saving the environment could not be at the cost of development”.

In 2008, he laid the foundation stone for the 3,000 MW Dibang hydropower project in Arunachal Pradesh, even though it had yet to get the green clearance from the Ministry of Environment and Forests (MoEF). The clearance was in limbo because the public hearing had not been held as mandated under the Environment (Protection) Act (EPA).

The PM’s attitude towards green laws seems to propagate a myth that such laws are impeding development. For every three projects rejected by the MoEF’S statutory bodies, 97 are cleared. And those that are rejected can apply again. Also, more than 100 projects on 9,000 hectares of forestland have been cleared by the Forest Advisory Committee (FAC) in the past three months, which means we are losing forestland at the rate of 100 hectares per day.

Two coal mining projects were cleared in Odisha despite glaring violations found by the FAC. In the September meeting of the FAC, (Source: EIA Resource and Response Centre, New Delhi) more than 93 percent projects didn’t show any history of compensatory afforestation, yet they were considered. Worse, more than 90 percent projects were approved, even though the nodal forest officer, who has to give detailed comments on why the project should be given a go-ahead on prime forests, had either just signed or left the columns blank. Even areas rich in biodiversity are not spared, such as the Gola corridor, which is crucial for elephants and tigers in Uttarakhand.

The NHAI recently threatened to sue the MoEF over delays in green clearances. Here again, one needs to look at the ministry data. If you look at three highway projects that came up for discussion with the FAC, two were cleared and one sent back for additional information.

Take the example of Yamunotri-Saharanpur Highway. More than 1 lakh trees are facing the axe, and the application makes no mention of the damage to wildlife or biodiversity, yet it was cleared. Worse still, the project is based in UP, but a certificate from the collector of Mahasamand (a district in Chhattisgarh) was provided! Environment Minister Jayanthi Natarajan has made it amply clear that clearances are being held up because of incomplete application forms or false information. But these statistics seem to escape the prime minister’s eye.

In his 2011 Independence Day speech, the PM took credit for setting up the National Green Tribunal, but it faces many hurdles. Two years later, the regional benches are yet to be set up; there is no proper courtroom; many members have quit due to lack of accommodation; and a chairperson was appointed only after the SC forced the Centre’s hand.

Green laws are not ‘Licence Raj’, Mr PM. They were introduced by your government, the Constitution and Parliament. The development brigade may show you the example of China. China’s breakneck speed of development has overshadowed the environmental disasters facing the country. Sixteen of the 20 most polluted cities in the world are in China. More than 70 percent of China’s rivers, lakes and streams are heavily polluted. Every year, 6,000 square miles of grasslands and forests are lost to desertification and over 300 species are endangered or threatened. Is this the development model we want?

Of course, we want to develop. But not at the cost of our right to fresh air and clean water or our wildlife. That’s what the EPA and the Forest Conservation Act ensure. They protect our rights to have access to clean air; they ensure the industries you give the licence to operate do so with some system of checks and balances. You would do well by supporting your environment minister, who has a tough job of balancing the environment and development needs, while ensuring these checks are in place. And the industry could do well by respecting the law of the land instead of being a constant crybaby.

Bahar Dutt is Environment Editor, CNN-IBN
letters@tehelka.com

Source: http://tehelka.com/national-highway-to-doom/

Tuesday, 15 January 2013

NGT asks Centre to fix noise norms for public vehicles

Vehicles with multi-tone horns and sirens are found to be violating noise pollution rules
Premal Balan / Ahmedabad

The National Green Tribunal ( NGT) has directed the Union government to notify standards for sirens and multi-tone horns used by vehicles including those of Government, police or ambulance  within three months.

The directions were issued by principal bench of Justice A S Naidu and G K Pandey who felt an urgent need to have source specific noise standards, as there were no standards specified by the Union government with regard to use of horns and sirens in ambulances, government and police vehicles.
 
The bench was hearing an application filed by a senior citizen Dileep B Nevatia residing on the Worli Sea Face road in Mumbai. Nevatia had alleged there was gross violation of the Noise Pollution (Regulation & Control) Rules 2000 under the Environment (Protection) Act, 1986 by vehicles using multi-tone horns and sirens.

He had claimed that the vehicles fitted with multi-tone horns were emitting sounds in far excess of the levels prescribed and were causing noise pollution.

The applicant had demanded specifying standards for sirens and multi-tone horns wanted ban on vehicles that violate those stipulated standards.

"The controversy before us is pertaining to vehicular noise caused by unrestricted use of sirens and multi-tone horns having un-specified standards, being fitted in the ambulances, Government and police vehicles," the bench observed in its order of last week.

"Needless to say that there is urgent requirement to evolve source specific (noise) standards for sirens and multi-tone vehicles, constant use of sirens and multi-tone horns much above noise standard, causes immense hardship to common people and also poses serious affects on human health," it further observed.

So far no source specific standards have been evolved or specified for sirens and multi-tone horns by the Union Government.

"In order to control ambient noise pollution, it is essential to control emanating noise at the source itself for which source specific standards are required to be formulated. Source specific standards have already been evolved by the MoEF and CPCB for the D.G. Sets, Industries, etc. However, so far no source specific standards have been evolved or specified for sirens and multi-tone horns by the Union Government," the bench observed.

Hence it issued direction for Ministry of Road Transport & Highways, "to notify the standards for sirens and multi-tone horns used by different vehicles either under Government duty or otherwise within a period of 3 months."

Based on which, the Maharashtra government will have to issue specific notifications. The NGT also directed Maharashtra police to ensure that no private vehicle be allowed to use sirens or multi-tone horns in residential and silent zones and in the vicinity of educational institutions, hospitals and other sensitive areas and also during night except emergencies and under exceptional circumstances.

Source: http://www.business-standard.com/india/news/ngt-asks-centre-to-fix-noise-norms-for-public-vehicles/202774/on