Validity of environment clearances for ports increased to 20 years

The Union environment ministry, through a gazette notification, has extended the validity period of environmental clearances (ECs) for ports, harbours, breakwaters and dredging projects from the existing 10 years (which can be increased by one year) to 20 years (which can be increased by five years each twice), making it the same as for mining projects.

This is valid for prior ECs as well, the gazette states. Officials familiar with the matter said this was being done to improve ease of business.

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Centre cites long gestation periods for change

The gazette notification, dated September 21, states the Centre has from time to time, rationalised the validity period of ECs – especially for projects and activities which have “high gestation period” due to “various issues which are often beyond the control of the project proponent”.

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.

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Shipping ministry seeks longer project window

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.

The environment ministry said the comments, including the one from the shipping ministry were referred to the expert advisory committee.

“After due deliberation, the committee recommended that the validity of ports and harbors may be increased to a period of twenty years. Provided that, the period of validity may be extended by five years, beyond twenty years…” the gazette stated.

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Second extension allowed with safeguards

The ministry said a second extension of five years may be granted too, in deserving cases. However, suitable environment safeguards would have to then be included in the Environmental Management Plan (EMP), as deemed necessary, it clarified.

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. “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. If environmental violations take place, action can still be taken, based on compliance reports,” he said.