Cement, Energy and Environment

restructure the environmental laws for environmentally sustainable future, if so, the steps taken/proposed to be taken by Government and if not, the reasons therefor; and (c) whether Government is planning to amend the NGT rules to curtail the powers and functioning of the tribunal, and if so, the details thereof? Answer MINISTER OF ENVIRONMENT AND FORESTS (DR. M. VEERAPPA MOILY) (a)to(c):A Statement is laid on the Table of the House. Statement referred to in reply to parts (a), (b) and (c) of Rajya Sabha Starred Question No.239 for reply on 6.2.2014 raised by Dr. T.N. Seema regarding Cognizance of recent judgements by NGT. (a) World Economic Forum (WEF) and Joint Research Centre (JRC) of European Commission (EC) has carried out a study for evolving Environmental Performance Index (EPI)-Ranking and Scores (2012) of 132 countries. The EPI evaluates countries on 22 performance indicators spanning 10 policy categories that reflect facets of both environmental public health and eco-system vitality. India ranked 125th position on EPI and 95th position on Trend EPI for 132 countries. (b) As per the information available: (i) The National Green Tribunal (NGT), Delhi vide Judgment dated 11.10.2011, in the matter of Application 2 of 2011 (Gram Panchayat Totu (Majthai) and Ors. Vs. State of Himachal Pradesh and others) has directed the Ministry of Environment and Forests (MoEF) to critically review the existing Municipal Solid Wastes (Management and Handling) Rules, 2000. In compliance with directions of NGT, the Ministry has published notification of the draft Municipal Solid Waste (Management and Handling) Rules, 2013 for public comments. (ii) During the hearing of Appeal No. 63 of 2012, NGT, Delhi Bench has examined the issue of requirement of environmental clearance for establishment and operation of common bio– medical waste treatment and disposal facili ties and given a judgment on 28.11.2013. The NGT has held that bio-medical waste treatment plants are req uired to obtain environmental clearance in terms of entry 7(d) of the EIA Notification , 2006. The requisite amendment is still at proposal stage. (iii) The NGT in Appeal No: 22/2011, Mahesh Chandulal Solanki Vs Union of India & Ors, M/s. Jindal Saw Limited has passed a judgment on 12.8.2013 directing the Ministry of Environment & Forests as a nodal agency for preparing a draft scheme for establishment of Environment Protection Fund whereby the units which operate without compliance(s) to the norms of environmental laws shall be made liable to contribute to Environment Protection Fund, appropriately, depending upon the nature of the industry/unit, the production capacity, etc The proposal is under process. (iv) In compliance of the order of the Hon'ble Supreme Court dated 27.02.2012 in I. A. No. 12-13 of 2011 in SLP (C) No. 19628-19629 of 2009 titled Deepak Kumar etc. Vs State of Haryana & Ors., the Ministry of Environment and Forests issued an O.M. No. L 11011/47/2011 -IA.II( M) dated 18.05.2012 stating inter-alia that all mining projects of minor minerals including their renewal, irrespective of the size of the lease would henceforth require prior Environmental clearance and that projects of minor minerals with lease area less than 5 ha would be treated as Category "B" as defined in EIA Notification, 2006 and will be considered by the respective State Environment Impact Assessment Authorities (SEIAAs) notified by MoEF and following the procedure prescribed under the EIA Notification, 2006. NGT, Delhi Bench , vide order dated 05.08.2013, in Application no. 171/2013 in the matter of NGT Bar Association Vs MoEF & Ors, has reiterated the judgment of Supreme Court that all mining projects of minor minerals including their renewal, irrespective of the size of the lease would henceforth require prior Environmental Clearance. MoEF has also issued an amendment to EIA Notification vide S.O. 2731 (E) dated 09.09.2013. Accordingly the minor mineral mining projects having less than 5 hectare of lease area are required to be appraised by the SEIAA/SEAC of respective State for granting environment clearance. (c) No, Sir. ******** I t