The Centre has notified a major relaxation in the country’s environmental clearance process, doubling the validity of clearance granted to ports and harbours to a minimum of 20 years, with room for two five-year extensions subject to conditions.

The notification, published on Monday, amended the Environment Impact Assessment (EIA) notification 2006, which governs the country’s environmental clearance process.

Environmental clearance for ports and harbour projects can now be extended by another five years, beyond the 20-year period, subject to the condition that the adequacy of existing environmental safeguards is examined by appraisal committees. Another five-year extension can be granted in “deserving cases” where the project has not been operationalised within the first extension.

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The sectoral expert appraisal committee or state-level expert appraisal committee can recommend the second extension after examination and subject to environmental safeguards, the amendment stated.

Under the EIA notification 2006, new projects of a specified case need prior environmental clearance across several sectors. In addition, project expansion, modernisation, capacity addition, and product mix changes, beyond specified thresholds, also need environmental clearance. This is based on environmental impact assessment studies, public hearings—depending on project size and impact—and final appraisal by expert committees.

The new amendment follows requests from the industry as well as the Ministry of Ports, Shipping, and Waterways, it is learnt, to rationalise the current framework, which held an environmental clearance for ports and harbours valid for 10 years with a provision to extend it by one year. After this period, project proponents have to seek fresh clearances.

“The ministry has received a request to rationalise the validity period of the environmental clearances granted to Ports and Harbours, which is currently valid for an initial period of ten years, which may be extended for a further period of one year,” the notification stated.

Capacity additions and environmental clearance

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A person aware of the consultations held within the ministry explained that port projects often add capacity to handle new kinds of cargo and resources, with most recent additions related to liquefied natural gas. Capacity additions need fresh environmental clearance or amendments to existing environmental clearances, depending on specified thresholds. The environment ministry is also learnt to have considered the phased development of port projects.

The matter was referred for examination to the sectoral expert appraisal committee, which recommended raising the validity of such projects to an initial 15 years, extendable by five. This recommendation then went to the expert advisory committee, comprising officials within the environment ministry, which said the existing validity duration appeared “insufficient” considering the “long gestation and phased development” characteristic of port and harbour projects. They endorsed the 15-year validity period with a provision to extend it by a maximum of five years.

The ministry published a draft, based on these deliberations, on May 20. However, the ports and shipping ministry requested the environment ministry to reconsider the validity period of environment and Coastal Regulation Zone clearances concomitant or aligned to the project period, or 30 years, whichever was higher, similar to the dispensation provided for mining projects.

Before amending the validity, the expert advisory committee deliberated on the public comments, along with the ports and shipping ministry’s request.