No.J-16011/6/99-IA-III

Government of India

Ministry of Environment and Forests

(IA-III Division)

                                                                                                      Paryavaran Bhavan,

                                                                                          CGO Complex, Lodhi Road,

                                                                                                      New Delhi - 110033.

                                                                                           Dated the 31st March,2005

Sub : Sethusamudram Shipping Channel Project by M/s Tuticorin Port Trust, Tuticorin, Tamil Nadu - Environmental Clearance - regarding

****

            Reference is invited to D.O. No. PD- 22012/2/96-PDX(Pt.) dated 15th Decemer,2003, dated 5th January,2004, letter no. PD-22012/2/96-PDZ, dated 9th September,2004, 28th September, 2004 from Ministry of Shipping, letter No. EC/F/42/82004/CPT dated 20.9.2004, No. E(C)/F.42/8/DB/2004/D, dated 9.10.2004, No.E(C)/F.42/8/2003/CPC/D dated 25.10.2004 and No. E(C) / 42/8/CPC-2004, dated 24.11.2004 from Tuticorin Port Trust, Tuticorin and Tamil Nady Pollution Control Board letters No. T-11/TNPCB/28347/SSCP/2004-2 dated 21.10.2004 and letter No. T-11/TNPCB/28347/SSCP/2005 dated 4.3.2005 regarding the above project have also been considered.

            The Order of the High Court of Madras dated 17.12.2004 in W.P. Nos. 33528 and 34436 of 2004 and W.P.M.P. Nos. 40521 and 41570 of 2004 filed by Shir O. Fernandes, Co Convener, Coastal Action Network, Chennai Vs. Union of India and Others have also been taken into consideration.

            The report submitted by the Tuticorin Port Trust with regard to "Issues raised during public hearing meetings and response of project authorities" received vide letter No. E(C)/F-42/8/SSCP-2005, dated 16.3.2005 from Tuticorin Port Trust has been taken into consideration. As per the detail project report submitted by Ministry of Shipping vide letter No. PD-26014/3/2004 Sethu, dated 2.3.2005 the following are the alignment of the shipping channel:

            The total capital dredging envisaged for the project is around 82.5. million cum while the maintenance dredging is 0.55 million cum per year.  The dredged material are proposed to be disposed in the sea at a depth of 25-30 km distant away from Adam's Bridge (as area of 5Km x 5 Km at geographical coordinates, 8^o 55' 51.16"N and 79^o 26' 54.81"E) and 10^o 13' 14.05"N and 80^o 13' 11.56"E.

          Based on the informations and facts provided by Ministry of Shipping, Tuticorin Port Trust, proceedings of the public hearing provided by Tamil Nadu State Pollution Control Board, the response provided by M/s Tuticorin Port Trust to the issues raised by the public in the public hearing and the recommendations of the Expert Committee on Infrastructure Development and Miscellaneous Projects, the project is accorded environmental clearance under Environmental (Impact) Assessment Notification, 1994 subject to the following specific and general conditions :

A. Specific Conditions

i.   The dredged material will be disposed off in the identified sited in the sea.  No dredged      material will be disposed off on land.

ii.   During dredging and disposal activities, monitoring marine environment quality should be done periodically and necessary navigational steps should be taken up in case of increase in turbidity beyond the prescribed limits.

iii.  All the necessary measures to protect the biodiversity including endangered species of mangroves, corals, mammals should be provided by the proponent as per the recommendations made in the EIA report.

iv.  So as to offset any impact on the fisheries, adequate arrangements to provide sustainable livelihood opportunities to the coastal communities including fishermen should be made with appropriate budgetary provisions in the project cost should be made available for such activities so as to provide appropriate livelihood opportunities and training to the coastal community.

v.   Opening of river mouths in the civinity of the proposed site may be considered so as to provide better opportunities for estuarine fishing leading to he enhancement of livelihood opportunities.

vi.  The project proponent should undertake studies for ship maneuvering along the channel.

vii.  Emergency anchoring area should be provided at appropriate locations along the alignment

viii.  All the ships transisting through the channel will comply with IMO Standards and follow MARPOL convention (MARPOL 73/78)

ix.  Discharge of bilge, ballast, treated sewage, solid wastes, oily wastes and spillage of cargo should not be allowed in Gulf of Mannar.

x.   All the ships using the route should have proper treatment facilities for sewage through treated sewage will not be allowed to be discharged in Gulf of Mannar area.

xi.  Oil spill contingency plan should be drawn up by TPT within one year from the date of issue of this letter including the preparedness to prevent spread of spilage in Gulf of Mannar and Palk Bay and its immediate recovery by deploying equipments and ships.

xii. The channel should be properly marked by navigational light buoys

xiii. Accidents due to collision should be averted through VTMS and also control of cruise speed.

xiv. Strict monitoring should be undertaken at four hourly interval round the  clock to monitor the movement of sediments of dredged material in the dredging area and daily on the coast and other sensitive areas of  Gulf of Mannar Biosphere/National Marine Park.

xv.  No restriction on the movement of fishing vessel and fishing activities will be imposed in the area except during ship transits.

xvi. Effective monitoring of aquatic ecosystem may be done to ensure that no damage is done to the turtles, dugongs, flora and other endangered species.

xvii. All the genuine issues raised during the public hearing will be implemented in a time bound manner and a report submitted to the Ministry once in every six month.

xviii. Environmental monitoring cell may be constituted to monitor all the environmental parameters associated with this project. 

xix. The Environment Management Plan recommended by NEERI should be implemented.

xx.  No fore shore facilities should be taken up without obtaining necessary clearances including Coastal Regulation Zone Notification, 1991.

xxi.  A study will be undertaken with regard to the amphidromic point, which is located at Nagapattinam and its impact on the proposed canal.  This study report shall be submitted within a period of 6 months. 

xxii. For the purpose of monitoring the project, the project proponent have  identified scientific institutions namely, Suganthi Devadason Marine Research Institute, Kanyakumar, Central Marine Fisheries Research Institute, Cochin, Central Electro Chemical Regional Institute, Mandapam, Alagappa Institute of Technology, Karaikudi and Centre for Advance Studies in Marine Biology, Parangipetti.

B. General Conditions:

i.  Development of the proposed channel should be undertaken meticulously conforming to the applicable Central/ local rules and regulations including Coastal Regulation Zone Notification, 1991 and its amendments.

ii.  A well equipped laboratory with suitable instruments to monitor the quality of air and water shall be set up as to ensure that the quality of ambient air and water conforms to the prescribed standards.  The laboratory will also be equipped with qualified manpower including a marine biologist so that the marine water quality is regularly monitored in order to ensure that the marine life is not adversely affected as a result of implementation of the said project.  The quality of ambient air and water shall be monitored periodically in all the seasons and the results should be properly maintained for inspection of the concerned pollution control agencies.  The periodic monitoring reports at least once in 6 months must be send to this Ministry (Regional Office at Bangalore) and State Pollution Control Board.

iii. Adequate provisions for infrastructure facilities such as water supply, fuel for cooking, sanitation etc.  must be provided for the laborers during the construction period in order to avoid damage to the environment.  Colonies for the laborers should not be located in Coastal Regulation Zone area.  It should also be ensured that the construction workers do not cut trees including mangroves for fuel wood purpose.

iv.  To prevent discharge of sewage and other liquid wastes into the water bodies, adequate system for collection and treatment of the wastes must be provided.  No sewage and other liquid wastes without treatment should be allowed to enter into the water bodies.

v.  Appropriate facility should be created for the collection of solid and liquid wastes generated by the barges/vessels and their safe treatment and disposal should be ensured to avoid possible contamination of the water bodies.

vi.  Necessary navigational aids such as channel markers should be provided to prevent accidents.  Internationally recognized safety standards shall be applied in case of barge/vessel movements.

vii.  The project authorities should take appropriate community development and welfare measures for villagers in the vicinity of the project site, including drinking water facilities.  A separate fund should be allocated for this purpose.

viii. The quarrying material required for the construction purpose shall be obtained only from the approved quarries/borrow areas.  Adequate safeguard measures shall be taken to ensure that the overburden and rocks at the quarry side do not find their way into water bodies.

ix.  For employing unskilled, semi skilled and skilled workers for the project, preference shall be given to local people.

x.  The recommendations made in the Environmental Management Plan and Disaster Management Plan, as contained in the Environmental Impact Assessment and Risk analysis Reports of the project shall be effectively implemented.

xi. A separate Environmental Management Cell with suitable qualified staff to carry various environment should be set up under the charge of a senior Executive who will report directly to the Chairman, Tuticorin Port Trust.

xii. The project affected people of any should be properly compensated and rehabilitated.

xiii.  The funds earmarked for environment protection measures should be maintained in a separate account and there should be no diversion of these funds for any other purpose.  A year-wise expenditure on environmental safeguards should be reported to this Ministry.

xiv. Full support should be extended to the officers of this Ministry's Regional Office at Bangalore and the officers of the Central and State Pollution Control Boards by the Project proponent during this inspection for monitoring purposes, by furnishing full details and action plans including the action taken reports in respect if mitifative measures and other environmental protection activities.

xv.  In case any deviation or alteration in the project is contemplated including a change in the implementing agency, a fresh reference should be made to this Ministry for modification in the clearance conditions or imposition of new ones for ensuring environmental protection.  The project proponent should be responsible for implementing the suggested safeguard measures.

xvi. This Ministry reserves the right to revoke this clearance, if any of the conditions stipulated are not complied with to the satisfaction of this Ministry.

xvii. This Ministry or any other competent authority may stipulate any additional conditions subsequently, if deemed necessary for environmental protection, which shall be complied with.

xviii.  The project proponent should advertise atleast in tow local news papers widely circulated in the region around the project, one of which shall be in the vernacular language if the locality concerned informing that the project has been accorded environmental clearance and copies of clearance letters are available with the State Pollution Control Board and may also be  seen at Website of the Ministry of Environment & Forests at http://www.envfornic.in.  The advertisement should be made within 7 days from the date of issue of the clearance letter and a copy of the same should be forwarded to the Regional Office of this Ministry at Bangalore.

xix.  The project proponents should inform the Regional Office as well as Ministry the date of financial closure and final approval of the project by the concerned authorities and the date of start of development work.

             The above mentioned stipulation will be enforced, inter-alia 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 Hazardous Chemical Manufacture Storage and Import) Rules, 1989, the Coastal Regulation Zone Notification, 1991 and its subsequent amendments and the Public Liability Insurance Act, 1991 and the Rules made thereunder from time to time.

                                                                                                    Sd/-

                                                                                             (A. Senthil Vel)

                                                                                               Joint Director

To,

      Shri. N.K.RAGHUPATHY,

      Chairman,

      Tuticorin Port Trust,

      Tuticorin - 628 004,

      Tamil Nadu.

Copy to :

1.  The Chief Conservator of Forests (Central) Ministry of Environment & Forest, Regional Office, (SZ), Kendriya Sadan, 4th Floor E&F Wings, 17th Main Road, I Block, Koranmangala, Bangalore - 560034.

2.  The Chairman, Central Pollution Control Board, Parivesh Bhavan, CBD-cum Office Complex, East Arjun Nagar, Delhi - 110032.

3.  The Director, Environment Department, Government of Tamil Nadu, Chennai.

4.  DIG(SU), Regional Office Cell, Ministry of Environment & Forests, New Delhi

5.  The Chairman, Tamil Nadu State Pollution Control Board, Chennai.

6.  Guard File

7.  Monitoring Cell.

8.  Director (EI), Ministry of Environment & Forests, New Delhi

 Top             

    Home