The Union environment ministry has announced a significant change in the validity period of environmental clearances (ECs) for various maritime projects. Through a recent gazette notification, the validity for ports, harbours, breakwaters, and dredging projects has been extended from 10 years, with a possible one-year extension, to 20 years, which can now be extended by an additional five years on two separate occasions.
This update aligns the validity period of these projects with that of mining projects, reflecting a shift in regulatory policy regarding environmental approvals in India.
However, suitable environment safeguards would have to then be included in the Environmental Management Plan (EMP), as deemed necessary, it clarified. “While for mining projects, the length of the EC may be highly relevant, here, for ports or harbours, extending the EC validity may simply be done to allow a larger window within which the project can be completed, or can be commenced. The initial draft suggested increasing the initial validity of the EC from the current 10 years (with the possibility of a 1-year extension) to 15 years, with an option for an additional 5-year extension. However, the environment ministry noted it also received the minutes of a stakeholder consultation from June 16 by the ministry of shipping, requesting it to reconsider the validity period so as to align it to the project period, or thirty years (whichever is more) for port projects, in line with mining projects. ECs issued for mining projects are currently valid for 30 years or the life of the project.
It said the environment ministry received a request to rationalise the validity period of the EC granted to ports and harbours, and referred this to both the sectoral expert appraisal committee and the expert advisory committee. Both said the existing EC validity was “insufficient”, following which, on May 20, it issued a draft notification, seeking comments from stakeholders and the public. The environment ministry said the comments, including the one from the shipping ministry were referred to the expert advisory committee . The ministry said a second extension of five years may be granted too, in deserving cases. Environmental lawyer Ritwick Dutta, founder of the Legal Initiative for Forest and Environment, said the increased EC should not pose any additional environment threats, as the project, once complete, will have to submit yearly compliance reports. If environmental violations take place, action can still be taken, based on compliance reports,” he said.
