Environmental Compliance in Infrastructure Projects

When it comes to the term ‘Infrastructure’, what comes to one’s mind? Yes, maybe telecommunication, sewerage, water supply, transportation, electricity network, roads, real estate, bridges, railway and every capital intensive and high cost investments that build the country’s economic backbone.

Infrastructural projects are the key driver for anyone;s country growth and development that play a pivotal role to propels the gross domestic product.
As per the data provided by the Department for Promotion of Industry and Internal Trade in 2021, Foreign Direct Investment (FDIs) investment in the construction industry (Housing and township development projects) stands at US$ 26.14 billion.
India aims to become the third largest construction market in the world by 2022
Multiple projects are being undertaken with regards to infrastructure developments as per the set policies in different fields across the country funded by the GOI.
GOI plans to have the goal to spend US$ 1.4 trillion on infrastructure development projects between 2019 to 2023 that will generate a huge amount of employment directly or indirectly and boost up the pace of the economy.

The Ministry of Environment & forest (MoEF) is the highest authority in the Central Government stature which administers the planning, promotion, coordination and look after the implementation of environmental and forest related schemes programmes throughout the country.
MoEF frames the guidelines and policies to save and conserve the fauna and flora, what should be the best practices to safeguard the environment, forest and wildlife, it takes into consideration while framing the legislations.
Central Pollution Control Board (CPCB) which was constituted under the provisions of Water (Prevention and Control of Pollution) Act, 1974. It has the functions and power granted under the Air Act (Prevention and Control of Pollution) Act, 1981 to promulgate the technical manual to reduce the water in the Steams, water bodies and rivers and take steps to cut down the emissions and control the Air Quality thus reducing the Air Pollution in the Country.

The Environment (Protection) Act 1986: The main objective of this Act is to protect and improve environmental quality and reduce all types of pollution and imposing certain restrictions on setting up and operation of industrial units as far as environmental parameters are concerned.
Hazardous & other Waste (Management and Handling) and Transboundary Rules, 2016: The Primary Objective of the rules is to control the generation, collection, treatment, import, storage, and handling of hazardous waste scheduled in the rules.
Bio-Medical Waste Management Rules, 2016: These rules apply to all persons, entities, Health care facilities who generate, collect, receive, store, transport, treat, dispose, or handle bio-medical waste in any form. Its aim is to properly handle health care waste such as segregation, disposal, collection, and treatment. •
Solid Waste Management Rules, 2016: These rules not only apply to Municipal bodies but also apply to urban bodies, towns, industrial townships, Indian Railways, airports, airbase, Port and defence establishment. These entities are responsible for the collection, segregation, storage, transportation, processing, and disposal of solid wastes.
The Noise Pollution (Regulation and Control) 2000: The Objective of these rules are to declare the area or zone in the four categories that are necessary to reduce noise pollution, and permit use of loud speakers or public address systems during night hours or during any cultural or religious festive occasion.

The Indian Forest Act 1927: This act aimed at regulating the forest produce and its movement and duty levied upon the produce. This law has consolidated all the existing laws related to forest and produce. tThe act also explains the procedure how the Reserve forest and Protected Forest It was enacted to ‘consolidate the law related to forest, the transit of forest produce, and the duty leviable on timber and other forest produce.
The Forest (Conservation) Act and Rules, 1981 provides for the protection of and the conservation of the forests.
The Biological Diversity Act 2002 is an act to provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the use of biological resources and knowledge associated with it.

The Water (Prevention and Control of Pollution) Act, 1974: The Act was formulated to abate and prevent the water pollution. This Act was the main cause for the establishment of Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) CPCB (This Act paved the way for the creation of Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) throughout the country. The Air (Prevention and Control of Pollution) Act, 1981: This Act provides the powers to Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) for the prevention, control and abatement of air pollution. It defines as ‘any solid, liquid or gaseous substance (including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment’.

Required Environmental Compliances	Infrastructure projects
Required Environmental Compliances	Residential, Commercial and IT Projects	Academic buildings	Airport	Hospital or Health care unit	Hotel & guest House	Restaurant & Food plaza	Warehousing Cargo and Logistics
EIA NOC	if built up area >20,000 sq. m
CTE NOC	✔	✔	✔	✔	✔	✔	✔
CTO NOC	✔	✔	✔	✔	✔	✔	✔
CTO Compliances	✔	✔	✔	✔	✔	✔	✔
Water NOC	(if using Groundwater for drinking, domestic and processing from the borewell)
Hazardous waste authorisation	✔	✔	✔	✔	–	–	–
Bio-Medical waste authorisation	–	–	–	✔	–	–	–
E- waste authorisation	✔	–	–	–	–	–	–
STP/ETP installation	✔	✔	✔	✔	✔	✔	✔
OWC	✔	✔	✔	–	–	–	–
Oil & Grease trap	–	–	✔	–	✔	✔	–
Environmental Monitoring, Sampling & Testing	✔	✔	✔	✔	✔		✔
Aravali NOC	(Applicable in Gurugram & Mewat regions only)
Forest NOC	If forest land is involved or forest land diversion is there