• New projects or activities including expansion or modernization of project or activities listed in the schedule under Category A, Category B1 and Category B2 4. (2) Prior Environment Permission • New projects or activities including expansion or modernization of project or activities listed in the schedule under Category “B2” that are no required to be placed before Appraisal Committee as specified in the Schedule, shall require Prior Environment Permission from the concerned Regulatory Authority before start of any construction work or installation or establishment or modernization; 5. Categorization of projects and activities 1. All projects are listed into three categories namely – Category A, Category B1 and Category B2 based on the potential social and environmental impacts and spatial extent of these impacts. 2. All projects under Category ‘A’ in the Schedule including expansion and modernization of existing projects shall require prior EC from the Ministry 3. All projects under “Category B1” in the Schedule, including expansion and modernization of existing projects, but excluding those fulfill the General Conditions defined under sub-clause (30) of Clause 3 of this notification, shall require prior-EC from the SEIAA or UTEIAA, as the case may be; 4. All projects under “Category B1” in the Schedule including expansion and modernization of existing projects and those which fulfill the General Conditions defined under sub-clause (30) of Clause 3 of this notification, shall require prior-EC from the Ministry without change in the category of the project; 5. Categorization of projects and activities 5. All projects under Category “B2” that are required to be placed before Appraisal Committee as specified in the Schedule, shall require prior –EC from the SEIAA or UTEIAA, as the case may be. 6. All other projects under Category “B2” (other than those projects specified under sub-clause (5) above, shall require prior EP from the SEIAA or UTEIAA, as the case may be; 7. All projects concerning national defence and security or involving other strategic considerations, as determined by the Central Government, shall require prior EC or prior EP, as the case may be, from the Ministry without any change in the category of the project. Further, no information relating to such projects shall be placed in public domain. 10. Stages in the Prior Environmental Clearance Process – Category A or Category B1 • 1) The six stages, in sequential order, are: • Stage (1): Scoping; • Stage (2): Preparation of Draft EIA Report; • Stage (3): Public Consultation; • Stage (4): Preparation of Final EIA; • Stage (5): Appraisal; and • Stage (6): Grant or Rejection of Prior Environmental Clearance 10. Stages in the Prior Environment Clearance Process – Category B2 • 2) The three minimum stages, in sequential order, are: • Stage (1): Preparation of EMP report; • Stage (2): Verification of completeness of the application by the Regulatory Authority; and • Stage (3): Grant or Rejection of Prior Environment Clearance; 10. Stages in the Prior Environment Permission Process – Category B2 • 3) The Prior Environment Permission Process for Category “B2” that are not required to be placed before Appraisal Committee will comprise of two minimum stages as follows: • Stage (1): Preparation of EMP report; • Stage (2): Verification of completeness of the application by the Regulatory Authority; and • Stage (3): Grant or Rejection of Prior Environment Permission. Provided that the ACO preparing the ACO preparing the EMP and the Project Proponent, shall be responsible for the adequacy of the EMP. Provided further that the EMP report is kept on record and the Regulatory Authority reserves the right to prescribe additional measures for the project. 11. Process of application for Prior Environment Clearance or Prior Environment Permission Stage/P Forms Supplement Applicability Regulatory Authority urpose Scoping Form -1 Prefeasibility report All projects under Ministry: For the projects under Cat “A” Category “A” and and Cat “B1” (those which attracts the Category “B1” General Conditions) and SEIAA or UTEIAA, as the case may be: For the projects under Category “B1” (those which do not attract the General Conditions) and Category B2 Public Simple 1) At least 10 hard copies and a All projects as given in Member Secretary of SPCB/UTPCC Consulta Letter soft (electronic) copy of the sub-clause (1) of Clause concerned. tion addressed draft EIA report prepared in 14 of this notification English 2) At least 10 hard copies of summary of EIA report I English and in the official language of the State or Union Territory or Regional Language 11. Process of application for Prior Environment Clearance or Prior Environment Permission Stage/Purp Forms Supplement Applicability Regulatory Authority ose Appraisal Form 1 i) Form 1A; and All projects mentioned at SEIAA or UTEAIA, as the case ii) Conceptual Plan Coulmn (5) under Item 42 and may be. 43 of the Scedule Form -1 i. Form -1B2; All projects falling under SEIAA or UTEIAA, as the case ii. EMP; Category “B2” may be. iii.Final Layout Plan; iv. Feasibility Report or Mining Plan in case of mining projects; v. District Survey Report in case of mining of minor minerals; and vi. Cluster certificate in case of cluster situation. 11. Process of application for Prior Environment Clearance or Prior Environment Permission Stage/Purp Forms Supplement Applicability Regulatory Authority ose Appraisal Form-2 i) Final EIA Report; All projects falling Ministry: For the projects ii) Copy of Feasibility Report or Approved under Category “A” or under Category ‘A’ and Mining Plan in case of mining projects; Category “B” Category ‘B1’ (those which iii) Copy of final layout plan; attracts the General iv) Public Consultation Proceedings Conditions); v) District Survey Report in case of mining of minor minerals; and SEIAA or UTEIAA, as the vi) Certificate of compliance of conditions case may be: For the projects earlier prior –EC or prior EP, as the under Category ‘B1’ (those case may be, issued by the Competent which do not attract the Authority in case of expansion or General Conditions) and modernization proposals; and Category ‘B2’ vii) Other pre-requisites as specified at sub-paragraph (5) of paragraph 17 of this notification.
Falls Chase Special Taxing District Elba, Inc. Sunshine Land Development, Inc. and E. Lamar Bailey Associates v. City of Tallahassee, 788 F.2d 711, 11th Cir. (1986)