Section 40 in The Offshore Areas Mineral Concession Rules, 2006
40. Protection of environment and marine life.
(1)Every holder of a reconnaissance perm or an exploration licence or a production lease shall comply with all international conventions and treaties to which the Central Government is a party and the laws and customs governing the High Seas including those relevant to environmental protection, pollution control including hazardous wastes:(2)Every holder of reconnaissance permit or an exploration licence or a production lease shall take all possible precautions and measures for protection of marine environment and living resources especially fishery resources while carrying out reconnaissance, exploration or mineral production operations and shall ensure that the living habitat of the fishery resources are maintained intact while carrying out any operation under permitee, the licence or lease, as the case may be.(3)Every application for renewal of a reconnaissance permit or an exploration licence or a production leas shall be accompanied by a detailed note indicating the measures already taken by the permitee, the licensee or lessee for protection of environment and marine life including the living habitat of the fishery resources and shall also indicate the manner in which it is proposed to be protected after the renewal of permit or licence or lease.(4)The holder of reconnaissance permit or an exploration licence or a production lease shall control air pollution due to smoke, gaseous emissions (gaseous and particulate), during reconnaissance, exploration or production operations and related activities and keep it within the standards specified under any law for the time being in force in respect of protection of environment.(5)The holder of a reconnaissance permit or an exploration licence or a production lease shall take appropriate steps to control and abate noise arising out of reconnaissance, exploration or production operations and keep the levels within permissible limits.(6)The holders of a reconnaissance permit or an exploration licence or a production lease shall take appropriate steps to control and abate pollution from effluents arising out of reconnaissance, exploration or production operations and treat them to the standards specified under the relevant environmental regulations in the country.(7)The holder of a reconnaissance permit or an exploration licence or a production lease shall take appropriate steps and measures to dispose out of solid wastes including hazardous wastes arising out of reconnaissance, exploration or production operations as specified under the relevant, environmental regulations in the country.(8)The standards and permissible limits for all pollutants, toxins and noise referred to in sub-rules (1), (4) and (5) shall be those notified by the concerned authority under the provisions of the relevant statutes including the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), the Environment (Protection) Act, 1986 (29 of 1986), Wildlife Protection Act 1972 (53 of 1972), the Maritime Zones of India (Regulation of fishing by foreign vessels) Act, 1981 (42 of 1981) and the regulations administered by the Ministry of Shipping and those under the Coast Guard Act, 1978 (30 of 1978), as amended from time to time.(9)The permittee or licencee or lessee, as the case may be, shall immediately inform the administering authority about findings of an object of archeological and historical nature, shipwrecks and its location in the offshore area. The administering authority shall transmit such information to the Archeological Survey of India, Ministry of Culture or Ministry of Shipping, as the case may be.(10)The permittee or licensee or lessee, as the case may be, shall immediately inform to the administering authority in writing about occurrence of any incident which causes or may cause serious harm to the marine environment and the marine life and other marine resources.(11)The administering authority shall make emergency orders in the following cases, namely:-(a)When the administering authority has been informed by a permittee or licensee or lessee or has become aware of an incident otherwise resulting from or caused by a contractor's activity in an area that has caused or is likely to cause serious harm to the marine environment, the administrative authority shall issue a general notification, direction or order of the incidents, in writing to the permittee, licensee or lessee.(b)The administering authority shall take such immediate measure of temporary nature as are practicable and reasonable in the circumstances, to prevent, contain and minimize any serious harm to the marine environment. Duration for measure of temporary nature shall be highlighted in this direction.(c)If the permittee or licensee or lessee does not promptly comply with an emergency order or direction relating to the marine environment arising out of the activities in the area, the administrative authority shall take by itself or through arrangement with others on his behalf such practical measures as are necessary to prevent contain and minimize any such serious harm to the marine environment.(d)The permittee or licensee or lessee shall provide the administrative authority with a guarantee of its financial and technical capabilities to comply promptly with emergency order or direction.
