The following are excerpts from the final order of MoS, envrironment & forests, Jairam Ramesh, on the Posco steel plant:
Clearance for steel-cum-captive power plant
Environmental clearance for the steel-cum-captive power plant is being accorded with 28 additional conditions over and above that stipulated in the original environmental clearance of July 19, 2007. Of these the most significant are the following:
The National Ambient Air Quality Standards issued by the MoEF on November 16, 2009, will be followed.
Sustainability study of water requirement (for the ultimate steel production capacity of 12 million tonne per year) will be carried out by an institute of repute. Should there be a shortfall of water at the Jobra Barrage for irrigation purposes, the company will voluntarily sacrifice water intake for facilitating irrigation. The total green area within the plant will be 25% of its area as per the guidelines of the Central Pollution control Board.
Risk and disaster management plans due to plant operation and natural hazards such as floods, cyclones and earthquakes along with mitigation measures shall be prepared and submitted to the MoEF.
In addition to fulfilling the R&R obligations mandated by the state government’s package and while also implementing CSR-related programmes in the construction phase, 2% of net annual profit should be devoted to corporate social responsibility in the region where the project is located.
Nod for captive minor port
Over the last few weeks, the MoEF has received the results of the shoreline study being carried out in different states by the Institute of Ocean Management, Anna University, Chennai. This study is based on satellite imagery for 1972, 1990, 2000 and 2010. The study for Orissa and more particularly for that 3.48-km stretch of the orissa coast from gopalpur to Paradip where Posco?s captive port is proposed reveals the following (see chart):
In view of this finding and also keeping in mind concerns raised on impacts on the marine environment raised by many civil society groups, the environmental clearance for the captive minor port is being accorded with 32 additional conditions over and above stipulated in the original environmental clearance of May 15, 2007. The most significant of these are:
No construction shall be undertaken in the ?high erosion? zone identified by the Institute of Ocean Management. Shoreline protection measures to counter erosion on the northern side of north breakwater shall be undertaken. The shoreline shall be protected to ensure that no further erosion occurs on the northern side of Northern Breakwater up to Paradip port.
An MoU shall be signed between NIO and Posco which will include works relating to monitoring of the shoreline, sand bypass system, beach nourishment and any other activity that has an impact along the coast/coastal waters. The Institute for Ocean Management will monitor the progress periodically on MoEF?s behalf.
Posco shall ensue that no industrial activity shall be carried out within CRZ area other than those permissible under the Notification. It shall submit detailed Marine Environment Conservation Plan (including mangrove regeneration and conservation of turtles and horse shoe crabs). The implementation of conservation plan should start before commencing of construction of port.
The location and size of the fishing jetty intended to compensate the loss of fishing activity arising out of development of the port at JMC shall be carried by Posco in consultation with the local people to their satisfaction and requirement. Separate clearance under Coastal Regulation Zone Notification, 2011 for proposed fishing jetty shall be obtained.
Posco shall made a detailed assessment of the impacts on fishing communities and resultant economic losses covered in R&R package ? along with requirement of fishing jetty and identified beneficiaries, location identified for the jetty (and alternative options considered).
Nod for project complex
In a communication to the ministry of tribal affairs, dated August 24, 2010, the SC&ST development department of the Orissa government stated that:
?There are no tribals in occupation nor residing within the Posco project area and no traditional forest dwellers are also there in occupation more than 75 years?.
In this communication the state government has also stated that some claims submitted by Posco Prathirodha Sangram Samiti on June 1, 2010, were, upon enquiry, found to be forged. A communication from the forest and environment department of the state government to the MoEF dated October 21, 2010, stated that:
?….no claims were received were received from any of the village (Dhinkia, Gobindpur, Nuagaon, Polanga, Nolia Sahi and Bhuyanpal)…nor has a single person claimed redressal under the definition of ?other traditional forest dwellers?.
It is clear that Posco project site is not a part of a Fifth Schedule Area and is, in fact, far away from the nearest Fifth Schedule Area. However, according to the Forest Rights Act, 2006 non-tribals have to fulfill three conditions before their claims as other traditional forest dwellers for rights under FRA, 2006, can be recognised. These are:
They should have primarily resided in the forest for 75 years prior to the 13th day of December, 2005. (Section 2(0))
They should be, at present, dependent on the forest or forest land for bona fide livelihood needs. (Section 2(0)). They should have been in occupation of the forest land before the 13th day of December, 2005. (Section 4(3)).
Non-tribals who meet the above three conditions constitute OTFDs regardless of whether they file any individual claim for land or not. All these three conditions have to be fulfilled for the recognition and vesting of forest rights for the OTFDs. Even if one of them is not fulfilled, then the applicants will not be eligible as OTFDs (individually or as a community) for the recognition and vesting of forest rights under the FRA, 2006.
Furthermore, regarding what constitutes ?primarily residing in?, the ministry of tribal affairs in its circular of June 9, 2008, has clarified that the interpretation of the phrase ?primarily resided in and who depend on? includes persons ?who are not necessarily residing in the forest but are depending on the forest for their bona fide livelihood needs? or ?who are working on such patches of land in such areas irrespective of whether their dwelling houses are outside the forest or forest land?.
As regards the phrase ?bona fide livelihood needs?, Rule 2(b) of the Rules made under FRA, 2006, implies that a person either living in or cultivating a parcel of forest land or a person collecting firewood, fodder, non-timber forest produce, fish, etc from forest lands qualifies as a bona fide user.
Against this background and in view of the observations of the FAC and of the four-member committee (paras 11 and 12), before a final decision can be taken on diversion of forest land, since the state government has the primary responsibility for ensuring and guaranteeing compliance with the Forest Rights Act, 2006, I would like the Orissa government to give a categorical assurance to the MoEF that at least one of the above three conditions is not fulfilled in the case of those claiming to be dependent on or cultivating land in the Posco project area.
Final approval for diversion of 1,253 hectare for the project would be granted as soon as this assurance of the state government is received by the MoEF.
Final word
Undoubtedly, projects such as Posco have considerable economic, technological and strategic significance for the country. At the same time, laws on environment and forests must be implemented seriously. Every such case presents its own unique set of circumstances and requires a distinctive solution. In this case, (i)the 28 additional conditions imposed as part of the environmental clearance for the steel-cum-captive power plant; (ii) the 32 additional conditions imposed as a part of the environmental clearance for the captive minor port; and (iii) the pointed assurance sought from the state government in keeping with its obligations under the Forest Rights Act, 2006, do provide a comprehensive package of measures to ensure that this project will not be detrimental from an ecological and local livelihood perspective. In any case, the conditions imposed are going to be closely monitored.
