Applicability of Environmental Laws

• All joint ventures involved in infrastructure, manufacturing, energy, mining, and similar sectors must comply with environmental laws in India.
  
• Key legislations include the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981, and the Water (Prevention and Control of Pollution) Act, 1974.
  
• JVs must obtain necessary environmental clearances before starting operations.
  
• Both domestic and foreign-partnered JVs are subject to the same environmental obligations.
  
• Clearances are typically project-specific and depend on the type, size, and location of the project.
  

Environmental Impact Assessment (EIA) Clearance

• Mandatory for projects listed in the Schedule of the EIA Notification, 2006, under the Environment (Protection) Act.
  
• Required for activities such as mining, thermal power, cement, construction, ports, and industrial estates.
  
• A detailed Environmental Impact Assessment (EIA) report must be submitted.
  
• Public consultation and environmental management plans are part of the approval process.
  
• Clearance is granted by the Ministry of Environment, Forest and Climate Change (MoEF&CC) or the State Environment Impact Assessment Authority (SEIAA).
  

Consent to Establish (CTE) and Consent to Operate (CTO)

• Obtained from the State Pollution Control Board (SPCB) or Pollution Control Committee (PCC).
  
• CTE is required before the construction or installation of the unit.
  
• CTO is granted after installation and before commencing commercial operations.
  
• Validity of CTE and CTO depends on the industry category (Red, Orange, Green).
  
• Compliance with effluent discharge, emissions, and waste management norms is essential.
  

Forest and Wildlife Clearances

• Required if the JV project involves the use of forest land or is near protected wildlife areas.
  
• Governed by the Forest (Conservation) Act, 1980, and the Wildlife (Protection) Act, 1972.
  
• Proposals must be approved by the MoEF&CC and the relevant forest departments.
  
• Compensatory afforestation and environmental safeguards may be imposed.
  
• Clearances are processed through the PARIVESH portal.
  

Hazardous Waste and E-Waste Management

• JVs handling hazardous substances must comply with the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
  
• Proper storage, treatment, and disposal facilities must be in place.
  
• Authorization from the SPCB is mandatory for generation, handling, and transportation.
  
• JVs in electronics or related sectors must also follow E-Waste (Management) Rules, 2016.
  
• Regular filing of returns and maintenance of records are required for compliance.
  

Environmental Monitoring and Compliance

• JVs must regularly monitor pollution levels and maintain environmental records.
  
• Submission of environmental compliance reports and audits is mandatory.
  
• Non-compliance can lead to fines, closure orders, or revocation of clearances.
  
• Authorities may conduct inspections and enforce corrective measures.
  
• Adoption of best environmental practices strengthens regulatory standing and stakeholder trust.