No renewable energy project within 1 km of borders: MHA guidelines

Projects within 50 km of LoC, LAC and International Border designated as sensitive areas

The Ministry of Home Affairs (MHA) has issued a set of guidelines prohibiting any new solar, wind and hybrid renewable energy projects within 1 km of the Line of Control, the Line of Actual Control, and the International Border.

The guidelines issued by the ministry's Internal Security wing also bar the engagement of engineers, staff, employees and labour from land border countries, especially Pakistan, Bangladesh and China, for project implementation without the permission of the central government.

Under these guidelines, areas within 50 km of the Line of Control (LoC), Line of Actual Control (LAC), or the International Border have been designated as "sensitive areas".

This includes areas within 20 km of the International Border for which a separate no-objection certificate (NOC) will be required from the Ministry of Defence.

Projects that are required to reapply under these guidelines will also be subject to these provisions.

"All solar, wind and hybrid energy projects within 50 km will require security clearance from the Ministry of Home Affairs. The 1 km area will be strictly restricted, and no project activity will be permitted in this area," the guidelines for national security clearance for such projects said.

"Security clearance for projects proposed in areas located from 1 km to 50 km, or for grant of No Objection Certificate in areas from 1 km to 20 km will be assessed by the Ministry of Home Affairs and Ministry of Defence on a case-to-case basis," they said.

The applicant should not transfer land to any foreign company without prior approval of the central government, including security clearance from the MHA, they added.

The move comes amid an increasing number of applications regarding the suitability of setting up various solar, wind and hybrid energy projects in border areas, which may have "national security implications".

The ministry, which had issued an office memorandum in this regard on June 5, issued the guidelines recently.

The "uniform transparent guidelines" for solar, wind and hybrid projects in border areas were issued "taking into account the national security perspective as also keeping in mind the ease of doing business" in consultation and consensus with all stakeholders, the MHA said.

"It is clarified that all projects that have already received security clearance from the Ministry of Home Affairs prior to the issuance of these guidelines will not be required to reapply under these guidelines.

"Similarly, applicants who have already received a No Objection Certificate (NOC) from the Ministry of Defence for their project will not be required to reapply under these guidelines," it said.

The application for all such projects shall be submitted only to the Ministry of New and Renewable Energy, which will forward the proposal accompanied by the state government's in-principle approval for allotment of land to the project, specifying its latitude and longitude to the MHA for security clearance and to the Ministry of Defence for an NOC.

"The Ministry of New and Renewable Energy will ensure that land allocation is done in such a manner that constructions on the project do not extend over a long distance parallel to the international border," it said.

The project must have in place comprehensive security measures (such as anti-drone system equipment), which will be operated by the Central Industrial Security Force (CISF)/state police, and the cost of this equipment will be borne by the project proponent, it said.

"If the proposed project involves foreign investment, a separate application will be required to be made to the Department for Promotion of Industry and Internal Trade (DPIIT) under the Foreign Direct Investment Policy of the Government of India," the ministry said.

"The Ministry of New and Renewable Energy will convey the final decision to the project proponent only after obtaining security clearance from the Ministry of Home Affairs and a no-objection letter from the Ministry of Defence," it said.

All projects should have a dedicated police post to be attached to check and monitor construction works going on the project. Furthermore, foreign nationals entering the areas should be monitored, it said.

"The applicant's staff implementing the project must follow the instructions given by the local police and Border Security Force deployed at the international border," it said.

The ministry said the employees of the project implementation applicant should be pre-verified before entering the field, and should follow the instructions issued by the local police and Border Security Force deployed at the International Border.

"While implementing the proposed scheme, adequately wide roads should be considered, which can also be used by Border Security/Armed Forces, if required in an emergency situation," it said.

"No accommodation, cafeteria, housing facilities, such as those that could attract crowds and where security is lax, should be permitted in this area. Accommodation, hotels should be located at least 5 km from the border, the cafeterias should be located within the plant premises," it said.

The guidelines cap the height for civil infrastructure for maintenance and operation in sensitive areas -- 3 m for areas within 1 to 8 km, 5 m within 8 to 20 km and 15 m from 20 to 50 km.