pre-operational & environmental mitigation planning for multipurpose hydel projects

Welcome to the Presentation on

Pre-operational & Environmental Mitigation Planning for Muti-purpose Hydel Projects

By

Ravindra Nath SaxenaPrincipal Chief Conservator of Forests,

Madhya Pradesh

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vFkZoosnO Mother Earth! May your Mountains be show-clad

and your forests enchanting for our prosperity! Atharrva Veda

Statutory provision for Environment, Forest and Wildlife Clearances

• Environment Impact Assessment Notification, 2006 [under Environment (Protection) Act, 1986].

• Section-2(ii), Forest (Conservation) Act, 1980.

• Section-38O(g), Wildlife (Protection) Act, 1972 – NPV is 10 times in national parks and 5 times in wildlife sanctuaries; can seriously upset cost:benefit ratio.

Other statutory provisions, having high impact on project planning

Panchayati-raj Extension to Scheduled Areas Act, 1996. Scheduled Tribe & Other Forest Dwellers (Recognition

of Forest Rights) Act, 2006 Governance and administration of Scheduled-V and VI

areas, notified under the Constitution of India. Issues of Land Acquisition Act.

Barrier Analysis to Forest (Conservation) Act, 1980 and Environment (Protection) Act, 1986;

• Intricately woven “forest clearance” and “environment clearance”,but impact assessment carried by different departments of StateGovernment & MOEF, and two different committees – FAC and EACexamine project proposals.

• Land is having heterogeneous origin – forest, revenue forest,dictionary meaning conforming forests, blanket notifications.

• Frequent modifications of constitution of Assessment Committees.• Absence of specifications of “parameters of impact assessments” in

FCA and EPA. Parameters of “impact assessment” modifiedfrequently by committees without any justification. Same parameterassessed by two committees.

• Cumbersome, lengthy case assessment at several levels.• No well established co-relation between “forest clearance” &

“environment clearance”.• Move to amend IFA and make it PESA and ST&OTFD(RFR) Act

compliant – shall lead to lots of local socio-political interference.

THE CONSTITUTION OF INDIA (SCHEDULE – VI)

SIXTH SCHEDULE[Articles 244(2) and 275(1)]

Provisions as to the Administration of Tribal Areas in 1[the States ofAssam, Meghalaya, Tripura and Mizoram]

1. Autonomous districts and autonomous regions.—(1) Subject to the provisions of thisparagraph, the tribal areas in each item of 3[4[Parts I, II and IIA] and in Part III] of the tableappended to paragraph 20 of this Schedule shall be an autonomous district.

2. Constitution of District Councils and Regional Councils.—2[(1) There shall be a DistrictCouncil for each autonomous district consisting of not more than thirty members, of whomnot more than four persons shall be nominated by the Governor and the rest shall beelected on the basis of adult suffrage.]

(2) There shall be a separate Regional Council for each area constituted in anautonomous region under sub-paragraph (2) of paragraph 1 of this Schedule.

(3) Each District Council and each Regional Council shall be a body corporate bythe name respectively of “the District Council of (name of district)” and “the regionalCouncil of (name of region)”, shall have perpetual succession and a common sealand shall by the said name sue and be sued.

3. Powers of the District Councils and Regional Councils to make laws.—(1) The Regional Council for an autonomous region in respect of all areas within such region and the District Council for an autonomous district in respect of all areas within the district except those which are under the authority of Regional Councils, if any, within the district shall have power to make laws with respect to—

(b) the management of any forest not being a reserved forest;(2) In this paragraph, a “reserved forest” means any area which is a

reserved forest under the Assam Forest Regulation, 1891, or under anyother law for the time being in force in the area in question.

“3A. Additional powers of the North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous Council to make laws.—(1) Without prejudice to the provisions of paragraph 3, the North Cachar Hills Autonomous Council and the KarbiAnglong Autonomous Council within their respective districts, shall have power to make laws with respect to—

“3B. Additional powers of the Bodoland Territorial Council to make laws.—(1) Without prejudice to the provisions of paragraph 3, the Bodoland Territorial Council within its areas shall have power to make laws with respect to:—

(ix) forests (other than reserved forests);

areas within such region and the District Council for an autonomous district in respect of all areas within the district except those which are under the authority of Regional Councils, if any, within the district shall have power to make laws with respect to—

Provided that nothing in such laws shall prevent the compulsory acquisition of any land,whether occupied or unoccupied, for public purposes 1[by the Government of the Stateconcerned] in accordance with the law for the time being in force authorising suchacquisition;(b) the management of any forest not being a reserved forest;(c) the use of any canal or water-course for the purpose of agriculture;(d) the regulation of the practice of jhum or other forms of shifting cultivation;(e) the establishment of village or town committees or councils and their powers;(f) any other matter relating to village or town administration, including village or town police and public health and sanitation;(g) the appointment or succession of Chiefs or Headmen;(h) the inheritance of property;2[(i) marriage and divorce;](j) social customs.(2) In this paragraph, a “reserved forest” means any area which is a reserved forest under the Assam Forest Regulation, 1891, or under any other law for the time being in force in the area in question.

1The words “of Assam or Meghalaya, as the case may be” omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).2Subs. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 andFourth Sch., for sub-paragraph (2) (w.e.f. 2-4-1970).

39. Licences or leases for the purpose of prospecting for, or extraction of, minerals.—(1)Such share of the royalties accruing each year from licences or leases for the purpose ofprospecting for, or the extraction of, minerals granted by 4[the Government of the State] inrespect of any area within an autonomous district as may be agreed upon between 4[theGovernment of the State] and the District Council of such district shall be made over to thatDistrict Council.112. 2[Application of Acts of Parliament and of the Legislature of the State of Assam to autonomous districts and autonomous regions in theState of Assam].—(1) Notwithstanding anything in this Constitution—(a) no Act of the 3[Legislature of the State of Assam] in respect of any of the mattersspecified in paragraph 3 of this Schedule as matters with respect to which a District Councilor a Regional Council may make laws, and no Act of the 3[Legislature of the State of Assam]prohibiting or restricting the consumption of any non-distilled alcoholic liquor shall apply toany autonomous district or autonomous region 4[in that State] unless in either case theDistrict Council for such district or having jurisdiction over such region by public notificationso directs, and the District Council in giving such direction with respect to any Act maydirect that the Act shall in its application to such district or region or any part thereof haveeffect subject to such exceptions or modifications as it thinks fit;(b) the Governor may, by public notification, direct that any Act of Parliament or of the3[Legislature of the State of Assam] to which the provisions of clause (a) of this sub-paragraph do not apply shall not apply to an autonomous district or an autonomous region4[in that State], or shall apply to such district or region or any part thereof subject to

Sanctions issued by GOI & Central Water Commission

S. No.

Particulars Target date Date of submission

Date of approval

1. Submission of Techno-economic Feasibility Report

2. Submission of Detailed Project Report

(i) Inter-state Matters Directorate

(ii) Hydrology Directorate

(iii) Design Directorate

(iv) CGWB Directorate

(v) Irrigation Planning Directorate

(vi) Agricultural Planning Directorate, MOA

S. No.

Particulars Target date Date of submission

Date of approval

(vii) CSMRS Directorate

(ix) Cost Appraisal Directorate

3. Environment Clearance –Form-I Application along-with proposed TOR

4. Rehabilitation & Resettlement Plan

5. Forest Clearance –submission of FCA application with various details & affidavits

6. Application for Wildlife Clearance, u/s 38O(g), WLPA to NTCA

6. NOC from Archaeological SOI

THE WISDOM

Though obtaining clearances is taking 12 to 20years. Criticizing provisions of environment,forest, wildlife and social clearances is not thesolution of problems. Amendments shall takevery long time / amendments are not possible. Itis in our interest to know the legal provisions andprocedures very well and obtain clearances /sanctions as early as possible.

Amendment of Schedule-VI of the Constitution is not

possible

Why C.S.R. necessary?• Established fact that rural and tribal communities can

draw “sustainable livelihood” from land relatedvocations only – agriculture, forestry, horticulture,firewood, MFP & medicinal plants collection, grazing,etc.

• Livelihood resilience and adaptability is quite limited inthese societies. Can’t survive, if truncated from land.

• All infra-structure, mining, thermal power plant,multipurpose river valley projects, roads, railways,transmission lines, linear projects like canals, pipelinesetc fragment their land-holdings and definitely reducetheir access to “natural resources”.

“Sustainable Livelihood Potential” is adversly impacted

• All these activities adversely impact “water regime” and“soil moisture regime” of the area leading to reducedagriculture production and reduced access to naturalresources.

• The impacted areas are also having socio-cultural,spiritual (Dev-sthan, sacred groves), ecological &medicinal values also.

• Rural & tribal communities are most vocal opponents ofinfrastructure projects (Dongaria Kond in Niyamgiri).Conversely urban communities receive their“compensation” and settle elsewhere amicably.

Why C.S.R. necessary?

“Corporate Social Responsibility” initiative is necessary to assuage their loss of livelihood & dented feelings

• CSR towards “human community” – MPSFDC contributing2% of PAT and 10% of net timber revenue according toformula approved by the State Cabinet. MPFD is providing10% of net timber revenue, 100% tendupatta revenue tocommunities and 100% profit to Bamboo workers.

• CSR towards “Mother Earth” – because whatever humansare doing, it is causing undesirable changes in the naturalresources and increasing “carbon foot-prints”.

• CSR towards wildlife – Mandatory under Section-38O(g) ofWildlife (Protection) Act, 1972.

Types of C.S.R.

• The Companies Act, 2013 provides for spending 2% of PATfor CSR activities – what happens if project management failsto earn profit due to any reason (despite destroying naturalresources), consequence local communities suffer.

• The CSR cannot be deferred, but should start as pre-operational activities to win-over confidence of localcommunities. Deploy social development scientist,sociologist, anthropologist to understand social dynamics ofthe project area.

• Earliest start of CSR most desirable. Develop alternate Nistararea before deforestation starts. Instead of felling trees,transplant trees to agricultural-fields of R&R sites.

C.S.R. Cycle for Infra-structure Projects?

• Linear projects like transmission lines, gas and mineralslurry pipelines, conveyor belts, railways, roads, canalsare most complicated projects. CSR activities shouldstart at conceptualization stage itself.

• CSR really matters in the “public hearing” (EIANotification, 2006) and meeting of “Gram Sabha”[under Forest (Conservation) Act, 1980 & PESA].

• MP Forest Department has carried-out CSR activities onbehalf of Power Grid Corporation of India and WesternCoalfields Limited. This initiative really helped in “LandAcquisition”.

C.S.R. Cycle for Infra-structure Projects?

Most of the corporate groups and central & state PSUs are not having any live contact with local communities. MPFD

& MPSFDC possess support of 15228 JFMCs

• Section-135, Companies Act, 2013 – Every company havingnetworth of Rs. 500/- crores or turn-over of Rs. 100/- croresor net-profit of Rs.5/- crore or more in any financial yearshall constitute “CSR committee of Board” with at least oneindependent Director.

• “CSR committee of Board” shall formulate and approve“CSR Plan” of the company, monitor implementation of CSRPlan.

• Section-135(5) “CSR committee of Board” shall ensure thatthe company should spend 2% PAT of past 3 years.

• Preference to the local areas of operation.

• Companies (Corporate Social Responsibility Policy) Rules,2014.

Statutory provisions for C.S.R.

Pre-operational project planning

• Appoint several social development scientists,anthropologist, sociologist for “social impactassessment”, leading to effective “Rehabilitation &Resettlement Plan”.

• Immediately initiate “corporate social responsibility”prgrammes, to win-over local population.

• These initiatives shall be great help in “public hearing”under EIA Notification, 2006 and resolution of “GramSabha” under Forest (Conservation) Act, 1980.

C.S.R. Activities

BLANKET & MOSQUITO NET DISTRIBUTION

LPG DISTRIBUTION

UTENSILS DISTRIBUTION

BICYCLE DISTRIBUTION

Health Camps

• Health camps have been organized in 428 forest villagesand 2013 JFMCs.

• Beneficiaries have been provided vitamins & vaccinationcarried-out.

• Medicines distribution & health checkup free of cost.

Medical Camps

Medical Camps

Joint Forest Management Committee Sports Activities

• To encourage the participation of younger generation in JFM &forest protection / management system. Training of sportsactivities started.

• Kabaddi & Volleyball Range, Division, Circle, Zone & State levelcompetitions have been organized in 2011-14.

Forest Cover of India*

Diversion of about 300 sq.kms. forest areas (0.04%) in next 20 years can solve the energy problems of the country. Most of these coal blocks are situated in different micro & milli-watersheds – consequently it would not cause great ecological problems.Coal Blocks are site specific projects and should get priority (S.F.R., 2011 of Forest Survey of India)

Sites with high potential for Hydel Power ProjectsAlso high vulnerability to Schedule-VI areas, tribal

communities, FRA,

Ecologically Fragile Zones

FORESTS AT A GLANCE• Geographical area – 32,87,263 sq. kms.• Forest area – 7,57,740 sq. kms.• Forest cover – 6,78,333 sq. kms. – the eco-resource for livlihood.• Legal status of forest area –

A. Reserve Forests (RF) – 3,99,919 sq. kms.B. Protected Forests (PF) – 2,38,434 sq. kms.C. Un-classed forests – 1,36,387

• Un-culturable non-forest areas – 2,11,286 sq. kms.• Growing Stock – 4740.858 million cubic meter• Growing Stock / ha. – 74.42 cubic meter• Current Annual Increment – 8.76 million cubic meter• Current C.A.I. - 0.69 cubic meter / ha.• Potential CAI possible - 3.60 cubic meter / ha. (Peterson’s formula)• Simpson’s Biodiversity Index, Berger-Parker Species Richness Index,

Shannon Weiner Biodiversity Index not provide promising picture.• Forest cover stagnant with cyclical change, qualitative

deterioration of ecological resources due to scarcity of finances.

Red indicates that a change in vegetation is projected at that grid in thetime-period of 2021-2050 and 2071-2100 (under A1B scenario). Greenindicates that no change in vegetation is projected by that period.

Climate Change and ForestsVegetational changes projected by 2021-2050 and 2071-2100

Based on computer simulation models of National Remote Sensing Agency & ICFRE

Biodiversity Vulnerable Grids of India (marked red) in the A1B scenario – for India - 2035 and 2085

Climate Change and BiodiversityVegetational changes projected by 2021-2050 and 2071-2100

Salient provisions of FCA

• The FCA broadly covers 4 aspects of forest

management

• The following orders can be passed by State

Governments / competent authorities, only after the

concurrence of the MoEF, GOI:

(i) De-notification of forest land (under Sections – 27 & 34A

of IFA)

(ii) Diversion of “forest land” for “non-forest” purposes

(forest land being diverted for forest management is

exempted from this provision) – Explanation inserted

below Section-2.

FCA and FRA are most important statutes for project proponents

Continue…

(iii) Assignment of forest land to persons,individuals, corporate bodies, JVC,Committees, Societies, etc., (except forest landprovided to wholly Government ownedcompanies for afforestation of forest species)

(iv) Forest crops cannot be felled / treated exceptunder a duly approved working plan. Thedeviations of sanctioned prescriptions alsorequire sanction of MoEF, GOI.

Applicability of FCA

• The terms “forests” and “forest land” have notbeen defined neither in IFA nor in FCA

• These terms have been defined in the orderdated 12.12.1996 of the Hon’ble SupremeCourt (Civil Writ Petition 202/95, T.N.Godavarman Thirumulkpad ver. Union of India& others)

APPLICABILITY OF FCA

FOREST LANDS

FOREST DEPARTMENT•RESERVE FOREST •PROTECTED FOREST

(demarcated, undemarcated)

•UNCLASSED FORESTS

REVENUE DEPARTMENT• REVENUE FOREST • PRIVATE FOREST • ANY AREA RECORDEDAS FOREST

• AREAS DEFINED AS “FOREST” IN

DICTONARY MEANING.

OTHER DEPARTMENTS/ MINISTERIES• ALL DIVERTED FOREST

LAND IF NOT DENOTIFIED• FOREST AREAS OF DAMS/

RESERVOIRS • FIELD FIRING RANGES• FOREST LAND PROVIDED

ON LEASE

COMPENSATORY AFFORESTATION

• Identification and transfer of non-forest land is mostcrucial issue.

• Compensatory afforestation is one of the mostimportant conditions stipulated by the CentralGovernment while approving proposals fordereservation or diversion of forest land for non-forest uses.

• All such proposals should submit a comprehensivescheme for compensatory afforestation.

• Accordingly a detailed compensatory afforestationscheme along with details of non-forest /degradedforest area identified for compensatory afforestation,map, etc, is required to be submitted in theprescribed form.

• The non-availability of non-forest land for CA wouldbe accepted by the Central Government only on theCertificate from the Chief Secretary.

• As an exception to 3.2. (i) above, compensatoryafforestation may be raised over degraded forestland twice in extent of the forest area being diverted

• For extraction of minor minerals from the river beds.(however, if forest area to be diverted is above 500hectares, compensatory afforestation overequivalent area of degraded forest shall be requiredto be done instead of twice the area being divertedsubject to a minimum of 1000 hectares CA.

TWO STAGE CLEARANCE

Flow chart for obtaining “environment clearance”

Post “environment clearance” monitoring mechanism

Aftermath of FCA clearance

Depositing funds for CA, CAT plan, NPV, Wildlife HabitatManagement Plan, CAT Plan, plantation undertransmission lines necessary for obtaining final diversionorder.

Diverted area is not denotified, the State ForestDepartment still retains the propietary rights and allprincipal forest and wildlife Acts apply.

Project proponent is not allowed to mortgage forestland and raise finances.

Re-diversion of forest land is not allowed, except underprior approval of MOEF, GOI.

Invariably water bodies are notified as wildlifesanctuary, fishing prohibited – not mere formality.

Leases cannot be granted in draw-down area of dams. Implementation of CAT & CAD Plan is mandatory. Monitoring every 5th year.

Project Location

Topo-sheets of Survey of India

For CAT Plan and CAD Plan use maps of scale of 1:2,50,000 or 1:10,00,000

Survey Precautions

• Contours of 2 meters and 4 meters below fullreservoir level (FRL).

• Mostly GOI doesn’t allow felling in 4 metersstrip below FRL. Excellent snags for roosting ofaves.

• All surface diversion area should be clearlydemarcated on the relevant maps.

• Underground canals also attract FCA (NPVpayable is 50%).

Diversion Site

DISTRICT FOREST COVER MAP OF SURVEY OF INDIA

Buffer Zone

Distance from

protected areas

Animal Activity Areas

Exhibit Location of important components, wildlife migration routes & Tiger / Elephant Reserve Corridors

Tara Coal Block located at the

fringe of Hasdeo Arand

ICPL Power Plant site

Documents required for FC, EC and wildlife clearances

Flora Characterization of forest types in the study area as per the data available in the

Forest Working Plan and Silviculture – Champion & Seth (1968).

General vegetation pattern and floral diversity viz. trees, shrubs, grasses, herbs,significant micro-flora, etc.

Vegetation shall cover various life-forms of plants including lichens and orchids.

Species frequency, density, abundance shall be estimated based on primary datacollection.

Biodiversity index (Shannon–Wiener Diversity index) and Importance Value Index(IVI) of the species to be provided.

Economically important species viz. medicinal, timber, fuel wood etc.

Flora under Rare, Endangered and Threatened (RET) categories would bedocumented using International Union for the Conservation of Nature and NaturalResources (IUCN) criteria and Red Data List of Botanical Survey of India & ZoologicalSurvey of India along with economic significance.

For RET species, specimens will be collected along with GPS readings to facilitaterehabilitation. (obtain permission u/s 12 of WLPA)

Cropping and Horticulture pattern and practices in the study area

Maps and satellite imageries

Forest maps are vital for silviculture crop assessment and determination of Net Present Value (vital document)

Forest Satellite Imagery – only land-use discernible, legal status cannot be ascertained

“Gap Light Analyser” is available for Crown Density determination. The forest crop should be analysed on crown

density, site quality, regeneration, Yield Table parameters, Basal Area calculation based on Wedge Prism data.

Sample Plot Grids & Biodiversity indexing

* N.B. Kind attention invited to blanks, under stocked and encroachments

Alternate Diversion Area in Revised Proposal, if any

Tree Enumeration & Biodiversity Assessment

• Biodiversity indexing – Shannon-Weiner Index ,Brillouin Index, Brillouin Eveness Index, Simpson’sIndex , Margalef Index, McIntosh's Measure ofDiversity, Berger-Parker Index etc.

Sample Plot Photographs for crown density and basal area determination by Wedge Prism

Fauna Inventorisation of terrestrial wildlife including reptiles and

herpetofauna, their present status in the project area

Zoogeographic distribution / affinities, endemic, threatened andendangered species RET species.

Avifauna - Status, Resident / Migratory / Passage migrants,Impact of project on threatened / endangered taxa, if any,Butterflies, if any found in the area

RET faunal species are to be classified as per IUCN Red Data list oras per different schedule of Indian Wilde Life Protection Act, 1972.

Effect on fish migration and habitat degradation due to project.

Existence of National Park, Sanctuary, Biosphere, Reserve Forestetc. in the study area if any, would be detailed.

Documents required for FC, EC and wildlife clearance - II

Most threatened wildlife species - I

Most threatened wildlife species - II

Most threatened floral species - I

Net Present Value

• Soil Expectation Value (forest increment) iscompensated for 50 years in forest diversion cases.

• Calculated by Faustmann’s formula.

• Most crucial factor in cost : benefit analysis and projectfinance.

• NPV has been imposed under orders dated 29th October,2002; 30th October, 2002; 1st August, 2003 and 28th

March, 2003.

• All FCA cases diverted after 30th October, 2003 are liableto pay “Net Present Value” (NPV).

No escape from NPV, the only option is compliance mind-set Or the project would suffer litigation badly

NPV rates sanctioned vide Circular dated 5th February, 2009 of MOEF, GOI

Eco-Class - I Type of Forests (Champion & Seth, 1968)

Eco-Class - I Tropical wet Evergreen forests; Tropical Semi-evergreen forests and Tropical Moist Deciduous forests.

Eco-Class – II Littoral & Swamp forests.

Eco-Class - III Tropical Dry Deciduous forests

Eco-Class - IV Tropical Thorn forests and Tropical Sry Evergreen forests.

Eco-Class - V Sub-tropical Broad Leaved Hill forests; Sub-tropical Pine forests; Sub-tropical Dry Evergreen forests.

Eco-Class - VI Montane Wet Temperate forests; Himalayan Moist Temperate forests; Himalayan Dry Temperate forests; Sub-alpine forests; Moist Alpine Scrub and Dry Alpine Scrub forests.

Eco-value

Class and NPV rates (in lakh Rs.)

Class-I Class-II Class-III

Class-IV

Class-V Class-VI

Very Dense Forests

10.43 10.43 08.87 06.26 9.39 09.91

Dense Forests

09.39 09.39 08.03 05.63 08.45 08.97

Open Forests

07.30 07.30 06.26 04.38 06.57 06.99

NPV Rates applicable

N.B. Most of RVP and Hydel Projects are situated in “very dense forests” only.

• These NPV rates were valid till 5th February, 2012only. The new rates are under processing – may raisefrom 245% to 375%. Steep rise anticipated in NPV.

• Diversion in national parks would attract TEN timesand wildlife sanctuaries will invite FIVE times of NPV.Most crucial factors in project financing.

• NPV rates should be studied and taken care-off sincebeginning to avoid financial mis-management orfacing litigation.

NPV Rates applicable

Transplantation of middle aged trees

Effect of fragmentation of forest & wildlife habitat corridor

Sharp-edge Effect of roads & canals

Sharp-edge effect of roads and canals

Use of geo-textile for surface stabilisation

VEGETATIVE CONTOUR BUNDING

Catchment Area Treatment Plan

Issues related to wildlife and Wildlife (Protection) Act, 1972

National Parks - Conservation Reserve - 2

Wildlife Sanctuaries - Community Reserve - Nil

Tiger Reserves - 38 Elephant Reserves - 64

Denotification virtually impossible (HSC order dated 13th November, 2000

Present & Potential “Protected Areas” of India, WII

PROTECTED AREAS & WILDLIFE (PROTECTION) ACT, 1972

Salient features• Geographical area (including

forest area) under PA network –1,55,348 sq. kms.

• New PAs are not being notified.

Impact of Wildlife (Protection)Act, 1972

• Rights cannot be acquired ortraded u/s 20, WLPA.

• Most of RF is part of protectedareas.

• Exploitation not possible underSection-29, WLPA.

• Ban on exploitation & diversionof protected areas under ordersof the Hon’ble Supreme Court.

The habitats of protected areas cannot be used for ‘mining purposes” due to prohibitory legal regime. Even non-

forest area of protected areas cannot be used (Tahir Ali ver. State of Madhya Pradseh

Typical forest & village mosaic of a protected area

All non-forest areas situated within external boundary of protected areas are part of inviolate wildlife habitat.

Gopal Das Mittal ver. State of Madhya Pradesh

APPLICABILITY OF WLPA

Protected areas

FOREST DEPARTMENT

• National Parks,

• Wildlife Sanctuaries,

• Conservation Reserve

• Community Reserve.

Species specified inSchedule-I, II, III, IV & VIhaving jurisdiction over6800 species (based onthe Storer & UsingerClassification

Specified Species

Specified international conventions

The statutory body of National Tiger ConservationAuthority (NTCA) constituted under provisions ofWildlife (Protection) Amendment act, 2006.

Section-38O(g) : NTCA to ensure that – TigerReserves and areas linking one protected area or tigerreserve with another protected area or tiger reservesare not diverted for ecologically unsustainable use,except in public interest and with the approval ofNBWL on the advice of NTCA.

Section-38V(4) : the State Government while preparing aTiger Conservation Plan ensure livelihood of localcommunities. The expression Tiger Reserve includes:

i. Core or critical tiger habitat - area of national parks andsanctuaries, where it has been established on the basis ofscientific and objective criteria and notified by the StateGovernment in consultation with Expert Committee.

ii. Buffer or peripheral area - consisting of the area peripheral tocritical tiger habitat or core area………., where a lesser degreeof habitat protection is required to ensure the integrity of thecritical tiger habitat with adequate dispersal for tiger species,and which aim at promoting co-existence of between wildlifeand human activity with due recognition of the……………………., the limits of such areas are determined on thebasis of scientific and objective criteria in consultation withthe concerned Gram Sabha and Expert Committeeconstituted for this purpose.

Tiger Corridor Plan

• Details of man-wildlife conflict to determine true status of wildlife. Compensation paid to villagers for death, injuries and crop.

• Assessment of forests crop in the context of wildlife –availability of forage, water and cover. Connecting corridors– porosity, fragmentation and juxta-position effects.

• Assessment of wildlife carried out by WII, wildlife recordedat transects laid in 2008 and 2010. Wildlife ImpactAssessment and Wildlife Habitat Conservation Plan.

Preparation, integration and sanction of “Wildlife Habitat Conservation Plan”.

Preparation of “Wildlife Habitat Conservation Plan” by project proponent / consultant and

obtain comments of CWLW

Apply to CWLW for preparation of “Wildlife Habitat Conservation Plan” under Section-12 of WLPA

Obtain comments of State Wildlife Board on “Wildlife Habitat Conservation Plan”

Obtain comments NTCA on “Wildlife Habitat Conservation Plan”

Obtain comments of Standing Committee of National Board for Wildlife on

“Wildlife Habitat Conservation Plan”

If protected areas are involved

If protected areas area not involved

Link with Forest Appraisal Committee

Other Issues of “Wildlife Habitat Conservation Plan” and Wildlife (Protection) Act, 1972

Submission of “Wildlife Habitat Conservation Plan”at initial stage not mandatory; but its formulation atlater higher stage insisted.

No Guideline available for carrying out “WildlifeImpact Assessment” and preparation of “WildlifeHabitat Conservation Plan”. No specific format forsubmission of plan.

For preparation of “Wildlife Habitat ConservationPlan” , the Wildlife Institute of India is awfullybusy. NGOs are neither having expertise norpossess capacity to prepare or synthesizerequirement of “wildlife” and “mining “ sectors.

NGOs – no capacity for “mitigation planning”.

Few experts understand “wildlife impactassessment”; still fewer possess expertise for“Wildlife Rehabilitation & Resettlement Planning”.Develop non-statutory policy regime.

Wildlife corridors and buffer zones [ref Section- 38O(g) and38V(4)] are really fast emerging vital issues. NTCApermission mandatory. Virtually threatening coal, powerand steel sector.

Area of underground mine being considered in study &calculation of “fragmentation”, “porosity” &“juxtaposition” effects.

Asiatic Elephants – seasonal traversing for food &water is mis-understood as “migration routes”. No dataavailable for elephant ecology, physiology, elephant –vegetation dynamics etc.

Radio-collar Elephant male and female with calf societies tostudy ecology, ethology and migration routes.

Issues related to Scheduled Tribe & Other Traditional Forest Dweller (Recognition of Forest Right) Act, 2006

• STOTFD(RFR) Act, 2006 enacted and became operational on 1st

January, 2007.• Jurisdiction over all types of forest areas – RF, PF, revenue

forests, village forests, dictionary meaning of forests etc.• Two types of rights can be claimed:

A. Individuals can claim upto 4.00ha per person.B. Community can claim any area (without limit).

• Open ended Act. Claims can be put-up any time.• Forest areas not to be de-notified i.e. both STOTFD(RFR) Act,

2006 and Forest (Conservation) Act, 1980 shall apply.• No involuntary eviction / settlement – huge cost shall be

involved.• Adverse impact on linear projects e.g. canals, roads,

transmission line, skyline crane, conveyor belts, pipelines,

Issues related to Scheduled Tribe & Other Traditional Forest Dweller (Recognition of Forest Right) Act, 2007

• Topsy turvey settlement process – Gram sabha, BlockCommittee and ultimate decision at District Committee.Pressure to accept all claims.

• Bamboos have been brought under STOTFD(RFR) Act, 2006.Authority to issue “transit pass” assigned to Panchayats(particularly Maharashtra).

• No procedure provided in STOTFD(RFR) Act, 2006 toacquire once settled rights of individuals or communities.

• Improper and ambiguous record maintenance by Deptt. OfTribal Welfare.

A.MOEF has issued two specific circulars dated 30th July,2009 and 03rd August, 2009 for this purpose. The salientprovisions are:

For every proposal the State Government shall certify thatcomplete process for identification and settlement of rightsunder STOTFD(RFR)Act, 2006 has been carried out for entirearea.

Each Gram Sabha to certify that all formalities / process underSTOTFD(RFR)Act, 2006 is completed and consent provided.

State Government shall certify that the diversion of forest landfor facilities managed by the Government under Section-3(2),STOTFD(RFR) Act,2006 is complete.

Inter-relationship of Scheduled Tribe & Other Forest Dweller (Recognition of Forest Right) Act and

Forest (Conservation) Act

State Government shall certify that the proposal for suchdiversion (with full details of project and its implications invernacular / local language) have been placed before eachGram Sabha.

State Government shall certify that discussions anddecisions on such proposal had taken place only when therewas a quorum of minimum 50% of Gram Sabha present andvoting.

Obtain and enclose written consent / rejection of GramSabha for the project proposal. The Gram sabha hasprovided their consent for diversion proposal, compensatorypackage and mitigation measures.

State Government shall certify that the rights of “PrimitiveTribal Groups” and “Pre Agricultural Communities” whereapplicable, have been specifically safeguarded as per Section-3(1)(c), STOTFD(RFR)Act, 2006.

• The Section-3(2) provides that, notwithstanding anything containedin FCA; the Central Government shall provide for diversion of forestland for following facilities managed by the Government ; whichinvolve felling of trees not exceeding 75 trees per hectare.

• Schools, Dispensary or Hospital, Aanganwadi, Fair Price Shops,electric and telecommunication lines, tanks and other minor watebodies, drinking water supply and water pipelines, water or rainwater harvesting structures, minor irrigation canals, non-conventional sources of energy, skill upgradation and vocationaltraining centres, roads, and community centres.

• The forest land can be diverted with 2 riders –

A. The diverted land should be less than 1 ha. in each case.

B. The diversion project has been recommended by Gram Sabha.

Scheduled Tribe & Other Forest Dweller (Recognition of Forest Right) Act and diversion of forest land for

community purposes

• Ministry of Tribal affairs, GOI vide Circular No. 23011/15/2008-S.G.II dated 18th May, 2009 has issued instructions under Section-3(2) for seeking prior approval:

A. Every user agency shall apply in “Form-A” and place itbefore General Assembly of Gram Sabha.

B. The quorum of 50% should be present and adopt the resolution.

C. After obtaining consent of Gram Sabha – the user agency shallsubmit proposal to Range Officer.

D. Range Officer shall inspect the site and record comments fordiversion of the area and submit proposal to DFO (in Form-B)

E. The DFO shall decide matter within 4 weeks and inform RangeOfficer and District Level Committee (DLC). RO would demand areaand hand over to user agency. In case of rejection of proposal finaldecision shall be taken by (DLC).

F. Land diverted for a specific purpose shall not to be allowed to be usedfor any other purpose.

G. The DFO shall furnish information to Nodal Officer, then compiled datashall be routed through Secretary, Tribal Welfare to Ministry of TribalAffairs. GOI.

Transmission Lines

• Poaching through electrocution is a big issue,particularly in Buffer Zones of PAs.

• Low height plantations below conductors.Funds for management of areas.

Aquatic EcologyAquatic Ecology

Aqua- fauna like macro-invertebrates, zoo-plankton, phyto-planktons, benthos, primary productivity, etc.

Conservation Status

Fish and Fisheries

Fish migrations, if any

Breeding grounds of Crocodiles, Gharials, Dolphins etc.

Impact of dam building on fish migration and habitat degradation.

Impact on aquatic ecology at least 10 km downstream of the dam

Monitoring of Project Approval Status - I

Date of commencement : Time period : 12 months

S. No Particulars Target Date Date of

SubmissionDate of

approval Remarks

1

Submission Techno Economic feasibility report

2Submission Detailed Project Report

i) Inter State Matters (ISM) Directorate

ii) Hydrology Directorate

Yield

NZE

Flood

iii) Design Dte.

iii) CGWB Dte.

Monitoring of Project Approval Status -II

S. No Particulars

Target Date

Date of Submission

Date of approval Remarks

iv) Irrigation Planning Dte.

v) Ministry of Agriculture

vi)CSMRS Dte.

vii) Cost Appraisal Dte.

3

Form-I application along with proposed ToR

4Rehabilitation & Resettlement plan

5Forest diversion Case

6

No objection certificate has been obtained from Archaeological SOI

EIA & EMP Studies

To carryout EIA / EMP study submit an application to MoEF

to get NABET accreditation for carrying out environmental

studies for irrigation project.

Also obtain services of a NABET accreditated consultant to

carryout the Environment studies for Hydel Power Projects

The following activities carry-out in the EIA study

i) Irrigation Planning

ii) Socio Economic survey

iii) Catchment Area Treatment Plan

iv) Command Area Development Plan

v) Rehabilitation & Resettlement Plan

vi) Dam Break Analysis

Activity Schedule for EIA & EMP Studies -I

S.

No.

Requirement as per TOR issued by MoEF

Weightage% 1 2 3 4 5 6 7 8 9 %

Progress Remarks

1 Scope of EIA Study 2

2 Details of the Project and Site 2 Completed

3Description of Environment and Baseline Data (To be collected for 03 seasons)

10

4Details of the Methodology for collection of Base line data 2

5Methodology for Collection of Biodiversity Data 4

6 Components of the EIA Study

A. Physical and Chemical Environment

(i)Geophysical & Geophysical Aspects and SeismoTechtonics 3

(ii) Meteorology, Air and Noise 3

(iii)Soil Characteristics 5

Activity Schedule for EIA & EMP Studies -II

S.

No.

Requirement as per TOR

issued by MoEF

Weightage

% 1 2 3 4 5 6 7 8 9

% Progres

sRemark

s

(iv)Remote Sensing and GIS Studies 2

(v) Water Quality 5

B.Water Environment &

Hydrology 5

C. Biological Environment

Flora 5

Fauna 5

D. Aquatic Ecology 3

E.Irrigation and Cropping

Pattern 2

F. Socio Economic 2

7Impact Prediction and Mitigation Measures 3

8Environment Impact

Analysis 5

S.

No.

Requirement as per TOR

issued by MoEF

Weightage

% 1 2 3 4 5 6 7 8 9

% Progres

sRemarks

9

Environment Management

Plan (EMP)1

(i)Catchment Area

Treatment (CAT) Plan

3

(ii)

Command Area Development (CAD)

Plan3 2

(iii)Compensatory

Afforestation 3

(iv)

Biodiversity and Wild Life Conservation & Management Plan

5

(v)Resettlement and Rehabilitation (R & R)

Plan7

Activity Schedule for EIA & EMP Studies -III

Activity Schedule for EIA & EMP Studies -IV

S.

No.

Requirement as per TOR issued by MoEF

Weightage%

1 2 3 4 5 6 7 8 9

% Progress

Remarks

(vi)Plan for Green Belt Development 2

(vii)Reservoir Rim Treatment Plan 3 2

(viiiPlan for Restoration and Landscaping 2 2

(ix)Fisheries Conservation & Management Plan 2

(x)Dam Break Analysis 2

Completed

Submitted to NVDA on 4-4-2013

10Report Compilation -

Monitoring of the status of work performed –primary data collection -I

Description Total works to be

done

Works

completed

Remaining

works

Ambient air

quality

Three seasons

(summer,

monsoon and

winter)

Ambient noise

level

Three seasons

(summer,

monsoon and

winter)

Status of work performed – primary data collection -II

Description Total works to be done

Works completed

Remaining works

Water quality Three seasons(summer,monsoon andwinter)

Soil quality Three seasons(summer,monsoon andwinter)

TerrestrialEcology

Three seasons(summer,monsoon andwinter)

Status of work performed – primary data collection -III

Description Total works to be

done

Works

completed

Remaining

works

Fisheries Three seasons

(summer,

monsoon and

winter)

Land Use Through satellite

imagery

Status of work to be performed –secondary data collection -I

Physico-chemical aspects

Topography of the area

Regional Geology of the study area.

Seismicity of the study area.

Meteorology of the area for the nearest IMD stations covering

parameters, i.e., rainfall, temperature, relative humidity, wind

speed, etc.

Design Discharge and its RI (Recurrence interval)

Water availability for the project, sedimentation rate, etc. as

available in the Engineering Reports

Status of work to be performed –secondary data collection - II

Ecological aspects

• Information on general vegetation pattern and

floral diversity viz. - trees, shrubs, grasses, herbs

• Presence of economically important species in the

project as well as the study area

• Presence of medicinal plants in the project as well

as the study area

• Presence of Rare, Endangered and Threatened

floral species as per the categorization of Botanical

Survey of India's Red Data list

Status of work to be performed –secondary data collection - III

Ecological aspects -

• Inventory of Birds, mammals, reptiles, amphibians and

insects reported and observed in the study area

• Presence of Rare, Endangered and Threatened faunal

species as per the categorization of different schedules of

Wildlife (Protection) Act, 1972

• Existence of barriers and corridors for wild animals, if any, in

the study area

• Presence of National Park, Sanctuary, Biosphere, Reserve

Forest etc. in the project area and the study area

Status of work to be performed –secondary data collection - IV

Socio-economic aspects

• Demography and socio-economic analysis based on last available census data for the entire study area.

• Agriculture related information including cropping pattern, crop yields, fertilizer use, source of irrigation, etc.

• Source of water for various uses • Livestock holding pattern • Incidence of various water-borne and vector-borne diseases• Health facilities • Educational facilities• Major industries (including agro-based industries) within study

area.• Archaeological and historical monuments, tourism

infrastructure, if any, within the study area.

Schedule for Completion of Balance Work

Activity Completion Schedule

Submission of Form-A for Forestry Clearance

Submission of revised PFR and Form-I for ToRClearance

TOR clearance by MoEF

Field studies for summer season

Field studies for Monsoon season

Socio-economic survey of PAFs

Submission of Draft EIA Report

Comments from client on Draft Report

Submission of Draft Final Report

Public hearing on the Draft Final Report

Preparation of Final Report incorporating theconcerns of stakeholders raised during the publichearing and submission of Final Report to MOEF forEnvironmental Clearance

Remote Sensing & GIS Studies

Remote sensing & GIS studies

Project layout on contour map of ground elevation.

Delineation of critically degraded areas in the catchment area

intercepted at the dam site

Drainage pattern.

Socio-economic Aspect

Socio-Economic aspects

Demographic profile

Economic structure

Development profile

Agricultural practices

Cultural and aesthetics sites

Infrastructure facilities: education, health and hygiene, communication

network, etc.

Major industries within study area.

Presence of important economic mineral deposits, if any.

Geological & Geophysical Studies

Geological and Geophysical Aspects

Geography & physiography of the project area. Regional Geology and structure of the catchment. Seismicity, tectonics and history of past

earthquakes in the area. Critical review of the geological features around the

project area.

Study & Design of Earthquake parameters

Study of Designated Earthquake Parameters

• A site specific study of earthquake parameters shall beconducted.

• Approval of the NCSDP (National Committee of SeismicDesign Parameters), Central Water Commission, NewDelhi will be obtained for the results of the site specificearth quake design parameters.

Hydrology of the BasinHydrology of the basin Hydro-meteorology, drainage systems

Catastrophic events like cloud bursts and flash floods, if any would be documented

A Gauge & Discharge station would be established at a suitable location to record the inflow as well as the sediment concentration of the river water during the 3 seasons of observations particularly during the lean season and during the monsoon season

Recording of data at G-D-S stations will continue during the life of the project.

Graph of 10-daily discharges before and after the project at the dam site immediately below the dam shall be provided in the CEIA study.

For estimation of Sedimentation rate direct sampling of river flow shall be done during EIA to get actual silt flow rate (expressed in ha m/ km2/year). The one year of EIA study shall be incorporated in the CEIA report.

Water availability for the project, minimum & maximum flows and the aquatic fauna

Design discharge and its recurrence interval