Enforcement of Environmental Laws – Prevention of violation

Admin | November 4, 2019 | Environmental | No Comments

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As per G.O.(MS)No.04/2014/Envt dated 19.03.2014 Government have ordered that the authorities empowered to give clearance, license, permits, consents or any kind of permission for projects/activities/processes etc requiring prior clearance under any environmental law, rule, notification or orders thereunder shall ensure that the projects/activities/processes etc have the clearance under the respective environmental statutes/orders, and no violation thereof is involved. It must also be ensured that no work other than that authorized in the clearance under the Environment Act, rules, notification or order is taken up and executed at the site. It shall also be ensured that where application for license, consent, permit or permission for extension, addition, modifications, change or process etc of a construction, structure, process, or activity for which prior EIA or any other environmental law related clearance was not necessary at the time of construction or original sanction, but fall within the ambit of the EIA or other environmental regulations at the time of the subsequent extension, modification, change of process,or on consideration of spatial or other requirements mandated by the Environment Act, rule, notification or order, the sanction; permit, consent as the case may be shall not be issued by the Local Authority unless the new construction, extension, modification etc. has prior Environmental/CRZ clearance granted by the competent authority. Also fragmentary execution of construction (ex: high rise buildings) or separating the activity to components that do not require prior EIA clearance due to spatial or area limit, and later adding or taking up further works fully sidestepping the EIA procedure shall be strictly disallowed. In all cases of violation stringent action including for demolition of the unauthorized construction if any, or stopping the activity, and legal action under the Environment (Protection) Act, 1986 shall be taken against the proponent. The relevant terms and conditions of clearance under the environmental statutes shall be incorporated in the permits, licenses, consents or permissions as the case may be, with due notice as to the consequences of violations or circumvention of legal provisions on environmental clearance. The licensing authority is also be charged with the responsibility of monitoring the observance of environmental conditions such as EIA clearance, CRZ clearance, consents given by PCB etc. which have been intimated to such authority for grant of the license, or is required to be produced by the applicant/proponent for getting the license.
Environmental Laws shall include the Environment (Protection) Act 1986, all the rules, notifications, office memorandum and orders thereunder, the Water (Prevention & Control of Pollution) Act 1974, The Air (Prevention & Control of Pollution) Act 1984. The Biological Diversity Act 2002, the Kerala River Bank (Protection and Regulation of removal of Sand) Act 2001, The Kerala Conservation of Paddy land and Wetland Act 2008 and all the rules and notifications issued under these Acts.
For more download the order from below link,