EPA / PROCEDURES / Prohibition and restriction on the location of industries and the carrying on processes and operations in different areas

Prohibition and restriction on the location of industries and the carrying on processes and operations in different areas

Power to declare such areas

The environment (Protection) Act, 1986 vests the Central Government with powers to act toward the protection of the environment. One of its powers pertains to restrictions in areas for industries operations and processes

The Central Government can place restrictions in certain areas in which industries, operations or processes or class of these are prevented from being carried out or can be carried out subject to certain safeguards.

Factors to consider while placing these restrictions

The Central Government has to take the following factors into consideration while prohibiting or restricting the location of industries and carrying on of processes and operations in different areas.

1. standards for quality of environment in its various aspects laid down for an area
2. The maximum allowable limits of concentration of various environment pollutants including noise, for an area
3. The likely emission or discharge of environmental pollutants from an industry, process or operation proposed to be prohibited or restricted
4. The topographic and climatic features of an area
5. The biological diversity of the area, which the Central Government is of opinion that needs to be preserved.
6. Environmentally compatible land use
7. Net adverse environmental impact likely to be caused by industry, process or operation proposed to be prohibited or restricted
8. Proximity to a protected area under the Ancient Monuments and Archaeological Sites and Remains Act, 1985, or a sanctuary, National Park, game reserve or closed area notified, as such under the Life (Protection) Act, 1972, or places protected under any treaty, agreement or convention with any other country or countries, in pursuance of any decision make in any international conference, association or other body
9. Proximity to human settlements
10. Any other factors as may be considered by the Central Government to be relevant to the protection of the environment in an area.

Procedure to follow in making these restrictions

While prohibiting or restricting the location of industries, and carrying on of processes and operations in the area, the Central Government has to follow the procedure once it is laid down.

Providing draft notifications
Whenever it appears expedient to the Central Government to impose a prohibition or restrictions on the location of an industry or the carrying on of processes and operations in an area, it may give notice of its intention to do so by notification in the Official Gazette and in other such manner as it deems necessary from time to time.

Content of such notifications
Every notification under clause (a) has to give a brief description of the area, the industries, operations, processes in that area about which such notification pertains and also specify the reasons for the imposition of prohibition or restrictions on them in that area.

Filing objections against draft notifications
Any person interested in filing an objection against the imposition of prohibition or restrictions on carrying on of processes or operations as notified under clause (a) may do so in writing to the Central Government within sixty days from the date of publication of the notification in the Official Gazette.

Time period for finalizing notifications

The Central Government has to consider all the objections received against such notification within a period of one hundred and twenty days from the date of publication of the notification in the Official Gazette, and may impose prohibition or restrictions on location of such industries and the carrying on of any process or operation in an area, within three hundred and sixty five days from such day of publication

When draft notifications are not issued

Notwithstanding anything contained in sub-rule (3), whenever it appears to the Central Government that it is in public interest to do so, it may dispense with the requirement of notice under clause (a) of sub-rule 3