The Rajasthan Government has amended the Rajasthan Land Revenue (Conversion of Agricultural Land for Non-Agricultural Purposes in Rural Areas) Rules, 2007, bringing renewable energy projects’ within the land conversion framework.

The projects include solar farms, solar power projects, wind farms, wind power projects, biomass-based power projects, biomass gasifier-based power plants, biogas power projects, bio-CNG/CBG projects, hydropower projects, pumped-storage projects, and battery storage projects, with a minimum of 85% charging from renewable energy.

The notification also prescribes conversion charges for renewable energy projects at 10% of the rate for industrial purposes.

Under new restrictions under Rule 4, the notifications provide that land falling within areas where construction or other activities have been restricted by the Forest Department or any other authority of the state government will be subject to such restrictions.

The amendment sets out the prescribed authorities for different categories of land conversion.

For renewable energy projects, the sub-divisional officer will be the authority, irrespective of the area where the land is held by a ‘khatedar’ tenant who is not a member of a Scheduled Caste or Scheduled Tribe.

If the sub-divisional officer fails to decide the application within 15 days, the application must be forwarded to the Collector, who must either issue a conversion order or inform the applicant of rejection within 15 days.

For a renewable energy project, land held by a khatedar tenant who is a member of a Scheduled Caste or Scheduled Tribe will be subject to the authority of the Tehsildar.

If the Tehsildar fails to decide the application within 15 days, the application must be forwarded to the Collector, who must issue a conversion order or inform the applicant of rejection within 15 days.

The notification provides a specific relaxation for renewable power projects where no recorded approach way exists. In such cases, no recorded approach way will be required for the issuance of the conversion order, but the khatedar must self-certify, when applying, that he has an approach way to the proposed land.

The amended Rule 9 provides that the prescribed authority up to the rank of Divisional Commissioner must examine completed applications, ensure that the land does not fall within the restricted categories, and inform the applicant to deposit the conversion charges within seven days.

After the deposit, the conversion order must be issued within 30 days of receipt of the completed application. If conversion charges are exempted and the land is found suitable, the order must also be issued within 30 days.

The notification also amends the refund provision. Under the substituted Rule 14A, no conversion charges will be refunded except where the applicant withdraws the application before issuance of the conversion order.

Recently, the Rajasthan Electricity Regulatory Commission introduced new renewable energy compliance requirements, distributed renewable energy targets, and aligned the state rules with the central government’s renewable consumption obligation framework.

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