| Publication Date | Version | July 25, 2023 | 1.0 |
| Keywords | ‘Renewable Energy’, ‘Biodiversity’ |
| List of Legislation Referred |
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| Jurisdiction | India |
With the increasing reliance on renewable sources of energy, India is leaving no stone unturned to fulfil the targets set forth by it in COP26.
This rapid transition to renewable energy is causing an irreversible impact on biodiversity which merits adequate attention from relevant quarters.
This article seeks to map the effect of growth in renewable energy infrastructure on biodiversity and the legal framework in this regard.
The Need For Renewable Energy In India
At the start of the era of Independent India, India was a power deficit country.
With constant efforts in the right direction, it has become a power surplus country with a total installed electricity capacity of over four lakh MW . [1]
India is the world’s third‐largest energy-consuming country, owing to rising incomes and improving living standards.
Energy use has doubled since 2000, with 80% of demand still being met by coal, oil, and solid biomass.
It is predicted that by 2040 India will see the most significant increase in energy demand amongst all countries owing to the increasing population, urbanization, and rapid growth in industrialization. [2]
India relies heavily on coal to fulfil its electricity needs.
The demand for coal nearly tripled between 2000 and 2019; today, it meets 44% of India’s primary energy demand, up from 33% in 2000. [3]
The Intergovernmental Panel on Climate Change, which the World Meteorological Organization set up in collaboration with the United Nations Environment Programme to provide an objective source of scientific information related to climate change, released a comprehensive report on the role of humans in climate change and the report concluded that:
“Climate change is real and human activities, largely the release of polluting gases from burning fossil fuel (coal, oil, gas), is the main cause.” [4]
After the deliberations on climate change in the 26th session of the Conference of the Parties (COP26) to the United Nations Framework Convention on Climate Change (UNFCCC) held in Glasgow, United Kingdom, India laid down five principles towards its contribution to the cause:
- Reach 500GW non-fossil energy capacity by 2030.
- Meet 50 percent of its energy requirements from renewable energy by 2030.
- Reduction of total projected carbon emissions by one billion tonnes from now to 2030.
- Reduction of the economy’s carbon intensity by 45 percent by 2030, over 2005 levels.
- Achieving the target of net zero emissions by 2070. [5]
India’s renewable energy targets and the corresponding policy and regulatory framework have established the country as one of the leaders in renewable energy.
As of August 2022, installed renewable energy capacity (including large hydro) increased from a few megawatts (MW) in 2010 to almost 163 GW.
The proactive shift to renewable energy has also led to a rejection of coal power capacity, with additions reaching an all-time low in FY 2021/22.
In India, between 2010 and 2022, more than 606 GW of coal-fired power projects were abandoned or cancelled, and 15.6 GW were retired. [6]
Central Electricity Regulatory Commission Renewable Energy Tariff Regulations, 2020, issued under the Electricity Act 2003, defines ‘Renewable energy’ or ‘RE’ to mean the electricity generated from renewable energy sources.
Today India stands as the world’s third largest producer of renewable energy, 4th globally in Renewable Energy Installed Capacity (including Large Hydro), 4th in Wind Power capacity and 4th in Solar Power capacity. [7]
Expansion Of Renewable Energy Generation And Preservation Of Biodiversity – Conundrum
India will need to take rapid steps to deploy infrastructure for renewable energy to fulfil its goals outlined in the 26th session of the COP26.
While doing so, it is imperative to consider the environmental impact and impact on biodiversity.
Usually, renewable energy projects are based on locations with the highest resource potential, i.e., the sun shines the brightest and the wind blows the hardest.
Most often, these locations are also best suited for wildlife, and the infrastructure deployed for acquiring renewable energy is possibly done at the cost of wildlife.
A study conducted by The Nature Conservancy (TNC) and the Centre for Study of Science, Technology, and Policy (CSTEP) found that unless careful planning is done, unhindered expansion of renewable energy generation could impact more than 11,900 square km of forest and 55,700 square km of agricultural land in India. [8]
If development proceeds in this fashion, potential risks could emerge, creating conflicts that delay projects and jeopardize investments.
Large-scale land acquisitions would be required to construct infrastructure for renewable energy.
These wastelands include waterlogged areas and marshes imperative to groundwater recharge; grasslands and pasturelands upon which the lives and livelihoods of millions of livestock and pastoralists depend.
Solar parks need 7,000–20,000 litres of water per megawatt (MW) per wash.
Many solar installations in India are in arid and semi-arid areas bringing significant risk to the local ecosystem and communities. [9]
The Saga Of Great Indian Bustard
In the case of M K Ranjitsingh v. Union of India, [10] a PIL was filed by two environmentalists raising concerns for the protection of two rare species of birds, namely the Great Indian Bustard (‘GIB’) and the Lesser Florican, which are on the verge of extinction. [11]
The part of western Rajasthan where these birds are found has been identified as a major hub for wind and solar energy generation.
The installed transmission lines cut across the GIB Arc and the bird Great Indian Bustard moves across this area all year round and is being killed at an unsustainable rate by collision with the power lines. [12]
The Supreme Court directed installation of bird diverters in priority areas and constituted a committee to prepare quality standards for bird diverters. [13]
Impact Of The Solar Park In Pavagada, Karnataka
In 2015, Pavagada, a town in Karnataka, was chosen as the perfect location for the dream solar project of Karnataka named Shakti Sthala.
It was envisioned as India’s biggest solar park and the world’s second most prominent in terms of capacity, at 2,050 megawatts (MW).
However, even after so many years, the village suffers from unemployment, lack of electricity, and illiteracy. [14]
Pollinators like bees and butterflies disappeared during the park’s construction, affecting farm yields.
Large mammals like bears, leopards, and jackals are no longer around.
There is a decline in bird population as well.
A study says that at the end-of-life stage, if not appropriately handled, toxic elements from disposed PV panels can adversely affect ecological systems. [15]
Renewable Energy And Biodiversity: Key Legislations
Biodiversity Act, 2002
In pursuance of its obligations under the United Nations Convention on Biological Diversity 1992, India enacted the Biodiversity Act 2002.
The primary objective of the said Act is to conserve biodiversity and promote sustainable use of its components.
Section 24(2) empowers the State Biodiversity Authority to prohibit or restrict activities detrimental to biodiversity.
Section 36 empowers the Central Government to undertake national strategies, plans, or programs for conservation and sustainable use of biodiversity.
In the matter of Basanta Deka v. Union of India, [16] the issue of sustainable use of biological resources in the country has been raised.
Land Acquisition Act, 2013
Acquiring land to produce renewable energy at a large scale is a prerequisite.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘LARR Act’) applies to the whole of India except Jammu and Kashmir.
The LARR Act includes stringent requirements for consent from private landowners whose land is being acquired.
Section 4 requires Social Impact Assessments (‘SIAs’) to be conducted within six months of the commencement of the acquisition process.
Forest Rights Act, 2006
The Forest Rights Act 2006 seeks to address the adverse living conditions of tribal families living in forests.
Section 3(2)(ii) of the said Act states that diversion of forest land will be made only on the recommendation of the Gram Sabha.
In many cases, local communities are not adequately consulted regarding renewable energy projects. [17]
Environment Impact Assessment: Environment Protection Act, 1986
Environmental Impact Assessment (EIA) Notification 2006 lays down the rules for obtaining environmental clearances for projects across most sectors.
The notification contains four stages in the prior environmental clearance process.
Public consultation is currently placed as the third stage in the process, reducing its practical effectiveness.
Viewpoint
As reliance on renewable energy increases, the need to protect biodiversity and the environment also rises.
It is imperative to balance the exploration of the untapped potential of renewable energy and the protection of biodiversity.
A focused regime to address renewable energy and biodiversity issues, particularly the social, environmental, and economic impact of renewable energy projects, would be helpful.
The Government may consider modifying existing legislation to align with the goal of minimizing the adverse impact on biodiversity on account of renewable energy projects.
A robust information ecosystem for sensitizing the community towards the goal of biodiversity and means to achieve the same would go a long way towards India’s march towards sustainable development.
Sources
[1] Growth of the electricity sector in India from 1947-2020, https://cea.nic.in/wp-content/uploads/pdm/2020/12/growth_2020.pdf
[2] India’s energy outlook 2021, https://iea.blob.core.windows.net/assets/1de6d91e-e23f-4e02-b1fb-51fdd6283b22/India_Energy_Outlook_2021.pdf
[3] India’s energy outlook 2021.
[4] Facts about the climate emergency, https://www.unep.org/facts-about-climate-emergency
[5] India’s stand at COP-26, https://pib.gov.in/PressReleasePage.aspx?PRID=1795071
[6] India’s renewable energy journey short term hiccups, long-term trajectory intact, https://ieefa.org/resources/indias-renewable-energy-journey-short-term-hiccups-long-term-trajectory-intact
[7] Renewable energy, https://www.investindia.gov.in/sector/renewable-energy
[8] Mitigating Biodiversity impacts associated with solar and wind energy, https://portals.iucn.org/library/sites/library/files/documents/2021-004-En.pdf
[9] Renewable energy to responsible energy: A call to action, https://wwfin.awsassets.panda.org/downloads/renewableenergytoresponsibleenergy_fullreport_lr.pdf
[10] M.K. Ranjitsinh v. Union of India, (2021) SCC OnLine SC 326.
[11]
Great Indian bustard,
Great Indian Bustard and Lesser Florican Conservation: Supreme Court directs installation of bird divertors in priority areas within three months
[12] Saving the Great Indian Bustard, https://www.sanctuarynaturefoundation.org/article/saving-the-great-indian-bustard
[13] Technical specifications for bird flight diverters, https://cea.nic.in/wp-content/uploads/pse___td/2022/06/TS_for_Bird_Flight_Diverter_issued_by_SC_Committee_16062022.pdf
[14]
Given land for power Pavagada residents now powerless,
Given land for power, Pavagada residents now powerless
[15]
Pavagada solar park busts notions of renewable energy as inherently good,
Pavagada solar park busts notions of renewable energy as inherently good
[16] Basanta Deka v. Union of India, PIL/36/2020
[17]
Mapping dilutions in India’s 2013 land acquisition law,
Mapping dilutions in India’s 2013 Land Acquisition Law
Suniti Kaur (Ms) and Radhika Goyal (Ms)
Co-Founder & Managing Partner at Alaya Legal
