The Ministry of Environment, Forests and Climate Change (MoEFCC) recently introduced a Standard Operating Procedure (SOP) designed to manage environmental offences. This procedural change was implemented under orders from the National Green Tribunal, who directed the ministry in 2021 to establish penalties and an SOP to respond to green violations.
Categories of Violations according to the SOP
The SOP delineates distinct categories of environmental violations. These classifications consist of two major groups: projects without clearance and non-compliant initiatives.
Projects without clearance involve cases where construction or expansion work begins before acquiring environmental approval. Furthermore, these unpermitted projects will be evaluated based on their eligibility for past environmental clearances. For instance, if a Red Industry operates in a Coastal Regulation Zone (CRZ)-I area, it signifies that the initiative was not permitted when it started, and hence, must be shut down.
Non-compliant initiatives include projects that have received environmental clearance but violate prescribed norms. In situations involving project expansions that haven’t secured the necessary clearance, the government agency can instruct the project proponent to return to the pre-expansion level of production or construction.
Punishments for Environmental Violations
If a project commences operations without mandatory environmental clearance, fines amounting to 1% of the total project cost and an additional 0.25 % of the total turnover during the violation period will be imposed. If the operation has yet to start, violations can result in a 1% fine of the total project cost incurred before the application was filed.
Criticism from Environmentalists
Environmental activists raise concerns that the SOP accommodates post facto regularisation of environmental offences. They argue that this system allows violators to evade consequences simply by paying a penalty, thereby institutionalising violations based on the polluter pays principle.
Other Initiatives by MOEFCC
In the past, the MoEFCC has undertaken several initiatives to tackle environmental offences. The Ministry published the draft Environment Impact Assessment (EIA) Notification 2020 intending to replace the existing EIA Notification, 2006 under the Environment (Protection) Act, 1986. Moreover, in 2017, it also introduced a six-month amnesty scheme for penalising green violations and later extended it.
Environmental Impact Assessment (EIA)
Defined by the United Nations Environment Programme (UNEP), the EIA is a tool employed to identify the environmental, social, and economic impacts of a project before making any decisions. The objective is to predict potential environmental impacts at the initial stage of project planning and find ways to mitigate them.
National Green Tribunal (NGT)
The NGT is a specialised body established under the National Green Tribunal Act (2010) to address cases relating to environmental protection and conservation of forests and other natural resources quickly and effectively. With its establishment, India became the third country worldwide to have a specialised environmental tribunal. The NGT operates from five locations, with its primary seat in New Delhi and other branches in Bhopal, Pune, Kolkata, and Chennai.
