Almost a year after the Supreme Court asked the Centre to appoint an environment regulator, both at the state and central levels, the government is yet to implement its order.

In another application before the apex court, the Ministry of Environment and Forest (MoeF) has sought more time to implement its January 6 order that directed it to set up an independent body, which will evaluate projects seeking environment clearances, enforce environmental conditions for approvals and impose penalties on defaulters.

This is the fourth time the government has sought extension of the deadline to have the supervising authority in place. The six-months time, however, sought is to examine the recommendations made by a high-level committee and finalise the framework of the proposed regulator. The special forest bench has been critical of the Centre’s constant requests for extension of time to appoint the regulator.

Earlier, the UPA government had said that there is no need for having one “super” environment regulator when the requisite regulatory mechanism was already in place. Instead, it had proposed to constitute an Authority under the chairmanship of Director General of Forests and Special Secretary, MoEF, at the Centre to monitor and facilitate implementation of the 1988 forest policy. This was rejected by the Supreme Court on January 6.

The apex court had then reiterated that the government should appoint an independent national regulator under Section 3(3) of the Environment (Protection) Act, 1986.

The court had asked the government to set up the national regulator with head office at Delhi and branches in as many states as possible by March 31.

The court had first suggested setting up of a national regulator in its order dated July 6, 2011 in the case relating to stage-I forest clearance to the mining project of Lafarge Umiam Mining Private Ltd in Meghalaya.

The ministry has now informed the Supreme Court that response of all the states on the subject was also awaited. So far only seven states and Union Territories have sent their comments. Only some have supported the regulator, but with a large number of checks.

MoEF had appointed a high-level committee, headed by former cabinet secretary, TSR Subramanium, which submitted its report to the government. It  has recommended amendments in environment-related laws.

The report given to the government on November 22 has also given a broad outline of a national and state-level regulator. It had suggested a new law under which an independent National Environment Management Authority (NEMA) and State Environment Management Authority (SEMA) at the Centre and state level would take the powers of the existing pollution control boards.

According to the report, the regulator, headed by a senior bureaucrat not less than an additional secretary ranked officer, would be empowered to prosecute violators, develop standards of emission and effluents, advise the ministry in pollution-related matters, to monitor progress of afforestation programmes and enforce all conditions of project clearances.