F.No.11-91/2009-IA.III
Government of
Ministry of Environment & Forests
(IA Division)
Paryavaran Bhawan,
CGO Complex,
Lodhi Road,
Dated:
5th June, 2012.
To
M/s. Gujarat Pipavav Port Ltd.,
Empire Industries Complex,
Mumbai
– 400 013.
Subject: Environmental
and CRZ
clearance for proposed expansion and modernization of Pipavav Port, Taluka Rajula, district- Amreli by M/s Gujarat Pipavav
Port Ltd. -Reg.
***
This has reference
to letter from Director (Environment) & Additional Secretary, Govt. of
Gujarat No. ENV-10-2011-997-E dated 18.01.2012 seeking
prior Environmental and CRZ Clearance for the above project under the EIA
Notification – 2006 and
Coastal Regulation Zone (CRZ) Notification, 2011. The proposal has been appraised as per
prescribed procedure in the light of provisions under the EIA Notification –
2006 and
Coastal Regulation Zone Notification, 2011
on the basis of the mandatory documents enclosed with the application viz., the
Questionnaire, recommendation of State Coastal Zone Authority, EIA, EMP and the
additional clarifications furnished in response to the observations of the
Expert Appraisal Committee constituted by the competent authority in its
meeting held on 5th – 7th March, 2012.
2. It is interalia, noted that the proposal
involves expansion and modernization plan of Pipavav Port, which was
established in 1998 and is, located 140 km off Bhavnagar. Port has 4 dry cargo
berths, having a continuous quay length of around 725 m with a 4th
Berth with an additional quay length of 350 meters and a LPG berth for handling
liquid cargo and LPG. The port has developed a container storage yard on an area of 11 hectares
and coal storage area is 17 ha. It has a deep draft of 14.5 meters. The Port
handles more than 3 million tonnes of bulk and around 0.6 million teus
containers per annum (2009). The proposed project envisages addition of 2450 m
berth length for handling roughly 26 million tonnes of bulk and more than 3
million containers per annum. This
port proposes to augment capacity of 4 Million teus container (3 berths and
container yard storage area), bulk) Quay length extension of current berth and
storage yard area) and liquid cargo (2 berths including one relocation and back
up liquid storage (tank farm) area). The capacity planned for Bulk 26 million
tones, containers 4 million liquid including LPG, POL - 6 million tones per
annum. Capital dredging proposed is 18 million cum and maintenance dredging is
2 million cum. There will be no additional generation of solid and liquid
wastes in port operation. Spill over of solid cargo is recollected and put back
in stack yard. Domestic sewage is treated in the sewage treatment plant and
used for manure. Waste generated during construction will be disposed of as per
EMP. The estimated cost of project is Rs. 4000 Crore.
3. NIOT
has studied several layouts for the expansion requirement using extensive field
data and detailed mathematical modeling for waves, currents and sedimentation,
and have identified the potential of developing the berths to the north east of
the proposed Berth No.5 towards the Motapat Creek area.
4. The
proposal was examined by the EAC in its meeting held on 23rd - 24th
November, 2009 and finalized ToR including conduct of Public Hearing. Public
hearing conducted on 12.05.2011 within the Port. Gujarat Coastal Zone Management
Authority has recommended vide letter No. ENV-10-2011-997-E dated 18.01.2012.
5. The Expert Appraisal Committee, after due
consideration of the relevant documents submitted by the project proponent and
additional clarifications furnished in response to its observations, have
recommended for the grant of CRZ and Environmental Clearance for the project.
Accordingly, the Ministry hereby accord necessary CRZ Clearance and Environmental
Clearance for the above project as per the provisions of Coastal Regulation Zone
Notification, 2011 and EIA Notification, 2006, subject to strict compliance of the terms and
conditions as follows:
6. SPECIFIC
CONDITIONS :
(i)
“Consent
for Establishment” shall be obtained from Gujarat Pollution Control Board under
Air and Water Act and a copy shall be submitted to the Ministry before start of
any construction work at the site.
(ii)
The dredge
materials contain sand - 46%, Silt- 21% and Clay 33%. However, the proponent
shall carryout chemical characteristics before disposal/ using it for
reclamation to ensure its suitability and prevent any likely impact.
(iii)
The storm
water management shall be put in place before the commencement of the
activities. Storm management report with technical details shall be submitted
to RO of MoEF within six months.
(iv)
The
proponent shall provide minimum 100 m
buffer from the mangroves The existing mangroves shall be documented
with latest satellite map and shall be submitted to RO, MoEF for compliance
verification purpose.
(v)
Requisite clearances
including clearance from Petroleum and Explosives Safety Organisation (PESO)
formerly Explosive Department, Nagpur shall be obtained for establishing tank
forms. All relevant provisions of MSIHC Rules 1989 shall be complied.
(vi)
Green belt of not less
than 33 % shall be developed and maintained all along the boundary.
(vii)
The dry cargo shall be
unloaded in to hopper and from hopper it will be taken through closed conveyor
system to the storage yards.
(viii)
Mitigation plan for
handling the dusty cargo/ around storage yards as per presentation may be
stipulated.
(ix)
There shall be no ground
water drawal within CRZ area.
(x)
Sewage shall be treated and the Treatment Facility
shall be provided in accordance with the Coastal Regulation Zone Notification,
2011. The disposal of treated water shall confirm the regulation of State
Pollution Control Board.
(xi)
Solid
waste Management shall be as per Municipal Solid (Management and Handling)
Rules, 2000.
(xii) The project shall be executed
in such a manner that there shall not be any disturbance to the fishing
activity.
(xiii)
It shall be ensured that there is no displacement of
people, houses or fishing activity as a result of the project.
(xiv) No construction work other than
those permitted in Coastal Regulation Zone Notification shall be carried out in
Coastal Regulation Zone area.
(xv)
The project proponent shall set up separate
environmental management cell for effective implementation of the stipulated
environmental safeguards under the supervision of a Senior Executive.
(xvi) The funds earmarked for
environment management plan shall be included in the budget and this shall not
be diverted for any other purposes.
7. GENERAL CONDITIONS :
(i)
Appropriate measures must be taken while undertaking
digging activities to avoid any likely degradation of water quality.
(ii)
Full support shall be extended to the officers of this
Ministry/Regional Office at Bhopal by the project proponent during inspection
of the project for monitoring purposes by furnishing full details and action
plan including action taken reports in respect of mitigation measures and other
environmental protection activities.
(iii)
A six-Monthly monitoring report shall need to be
submitted by the project proponents to the Regional Office of this Ministry at Bhopal
regarding the implementation of the stipulated conditions.
(iv)
Ministry of Environment & Forests or any other
competent authority may stipulate any additional conditions or modify the
existing ones, if necessary in the interest of environment and the same shall
be complied with.
(v)
The Ministry reserves the right to revoke this
clearance if any of the conditions stipulated are not complied with the
satisfaction of the Ministry.
(vi)
In the event of a change in project profile or change
in the implementation agency, a fresh reference shall be made to the Ministry
of Environment and Forests.
(vii)
The project proponents shall inform the Regional
Office as well as the Ministry, the date of financial closure and final
approval of the project by the concerned authorities and the date of start of
land development work.
(viii)
A copy of the clearance letter shall be marked to
concerned Panchayat/local NGO, if any, from whom any suggestion/ representation
has been made received while processing the proposal.
(ix)
Gujarat Pollution Control Board shall display a copy
of the clearance letter at the Regional Office, District Industries Center and
Collector’s Office/Tehsildar’s office for 30 days.
8. These stipulations would be enforced
among others under the provisions of Water (Prevention and Control of
Pollution) Act 1974, the Air (Prevention and Control of Pollution) Act 1981,
the Environment (Protection) Act, 1986, the Public Liability (Insurance) Act,
1991 and EIA Notification 1994, including the amendments and rules made
thereafter.
9. All other statutory clearances such as
the approvals for storage of diesel from Chief Controller of Explosives, Fire
Department, Civil Aviation Department, Forest Conservation Act, 1980 and
Wildlife (Protection) Act, 1972 etc. shall be obtained, as applicable by
project proponents from the respective competent authorities.
10. The project proponent shall advertise in at
least two local Newspapers widely circulated in the region, one of which shall
be in the vernacular language informing that the project has been accorded
Environmental Clearance and copies of clearance letters are available with the Gujarat
Pollution Control Board and may also be seen on the website of the Ministry of
Environment and Forests at http://www.envfor.nic.in. The advertisement
should be made within 10 days from the date of receipt of the Clearance letter
and a copy of the same should be forwarded to the Regional office of this
Ministry at Bhopal.
11. Environmental clearance is subject to final
order of the Hon’ble Supreme Court of India in the matter of Goa Foundation Vs.
Union of India in Writ Petition (Civil) No.460 of 2004 as may be applicable to
this project.
12. Status of compliance to the various
stipulated environmental conditions and environmental safeguards will be
uploaded by the project proponent in its website.
13. A copy of the clearance letter shall be
sent by the proponent to concerned Panchayat, Zilla Parisad/Municipal
Corporation, Urban Local Body and the Local NGO, if any, from whom suggestions/
representations, if any, were received while processing the proposal. The clearance letter shall also be put on the
website of the company by the proponent.
14. The proponent shall upload the status of
compliance of the stipulated EC conditions, including results of monitored data
on their website and shall update the same periodically. It shall simultaneously be sent to the
Regional Office of MoEF, the respective Zonal Office of CPCB and the SPCB.
15. The project proponent shall also submit six
monthly reports on the status of compliance of the stipulated EC conditions
including results of monitored data (both in hard copies as well as by e-mail)
to the respective Regional Office of MoEF, the respective Zonal Office of CPCB
and the SPCB.
16. The environmental statement for each
financial year ending 31st March in Form-V as is mandated to be
submitted by the project proponent to the concerned State Pollution Control
Board as prescribed under the Environment (Protection) Rules, 1986, as amended
subsequently, shall also be put on the website of the company along with the
status of compliance of EC conditions and shall also be sent to the respective
Regional Offices of MoEF by e-mail.
(Lalit
Kapur)
Copy
to:
(1) The Secretary,
Department of Environment, Government of
(2) The Chairman,
Central Pollution Control Board, Parivesh Bhawan, CBD-cum-Office Complex, East
Arjun Nagar,
(3) The Director, Forests &
Environment Department, Govt. of Gujarat, Block No.14, 8th Floor,
Sachivalaya, Gandhinagar – 382 010.
(4) The Member
Secretary,
(5) The Chief Conservator of
Forests, Ministry of Env & Forests, RO(WZ) E-5, Kendriya Paryavaran
Bhawan,E-5, Arera Colony, Link Road-3, Ravishankar Colony, Bhopal – 462 016.
(6) IA - Division,
Monitoring Cell, MOEF,
(7) Guard file.
(Lalit Kapur)