The Environment Impact Assessment (EIA) Notification, 2006, issued under the
Environment (Protection) Act, 1986, as amended from time to time, prescribes the
process for granting prior environment clearance (EC) in respect of cevoain
development projects/activities listed out in the Schedule to the Notification.
Sustainable development has many important facets/components like social,
economic, environmental, etc. and these components are closely interrelated and
Therefore, the general structure of EIA document, under Appendix-III to the
notification, prescribes inter-alia public consultation, social impact assessment and
R&R action plan besides environment management plan (EMP).
Section 135 of the Companies Act, 2013 deals with Corporate Social Responsibility
(CSR) and Schedule-VII of the Act lists out the activities which, be included by
companies in their CSR Policies. The concept of CSR as provided for in the Companies
Act, 201: and covered under the Companies (Corporate Social Responsibility Policy)
Rules, 2014 comes into effect only in case of companies having operating projects and
making net profit as also subject to other stipulations contained in the aforesaid Act
The environment clearance given to a project may involve a situation where the
concerned company is yet to make any net profit and\or is not covered under the
purview of the aforesaid Act and Rules. In such cases, the provisions of aforesaid act
and Rules will not apply.
In the past, it has been observed that different Expert Appraisal Committees / State
Expert Appraisal Committees (EACs/SEACs) have been prescribing different
formulation of the Corporate Environment Responsibility (CER) and no common
principles are followed. Several suggestions have also been received in this regard
which inter-alia states that Greenfield projects and Brownfield projects should be
treated differently; no CER should be prescribed whereas there is no increase in air
pollution load, R&R, etc., streamlining percentage of CER.
The Ministry has carried out a detailed stakeholder consultation which inter-alia
included meeting with Ministry of Petroleum & Natural Gas, Ministry of Power,
Chairmen EACs, FICCI, ASSOCHAM, Gujarat Chamber of Commerce and Industry
In order to have transparency and uniformity while recommending CER by Expert
Appraisal Committee (EAC) / State level Expert Appraisal Committee (SEAC) / District
level ExpciL Appraisal Committee (DEAC), guidelines are issued:
The activities proposed under CER shall be worked out based on the issues raised
during the public hearing, social need assessment, R&R plan, EMP, etc.
The proposed activities shall be restricted to the affected area around the project.
Some of the activities which can be carried out in CER, are infrastructure creation for
drinking water supply, sanitation, health, education, skill development, roads, cross
drains, electrification including solar power, solid waste management facilities,
scientific support and awareness to local farmers to increase yield of crop and fodder,
rain water harvesting, soil moisture conservation works, avenue plantation, plantation
in community areas, etc.
The entire activities proposed under the CER shall be treated as project and shall be
monitored. The monitoring report shall be submitted to the regional office as a part of
half-yearly compliance report, and to the District Collector. It should posted on the
website of the project proponent.
The EAC can vary the above percentage of CER subject to proper diligence,
quantification and justification. The EAC based on appraisal, should clearly suggest the
activities to be carried out under CER.
This CER is not applicable in name change, transfer and amendment involving no
additional project investment. In case of amendment in EC involving additional
expenditure, CER will be applicable only on the additional expenditure as per table
As compliance to Environmental Conditions MOEF Environmental Clearance letter No. 10- 54/2016-IA.III. dated 31st March, 2017 JNPT has identified and initiated following areas as brought out in the public hearing report and subsequently, it has come in the environmental conditions as under
As per MOEFCC office memorandum dated 1st May 2018. The fund allocation for the Corporate Environmental Responsibility (CER) should be 0.75% of the capital investment for brownfield project. The total project cost for the proposed additional liquid cargo terminal facility at the JNPT is around Rs. 309.12 crores proportionately CER will be about Rs. 231, 84,000/.
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