9 EIA Notification 2006 -I

Sunil Mittal

1.   Introduction

a.   Constraints in EIA Notification, 1994

b.   Objectives of EIA Notification 2006

c.    Salient features of EIA notification 2006

2.    Summary of EIA Notification

3.   The copy of notification

4.   Schedule

5.   Appendix VI

 1.  EIA Notification 2006

In suppuration of the EIA notification 1994, another EIA notification was introduced by the Ministry of Environment and Forest (MoEF) on 14th September, 2006. The objective of EIA Notification 2006 was to address the limitations of EIA Notification (1994). The process for the notification started in 2005. The draft notification was placed on the MoEF website for nearly 1 year and comments were sought from the Public. In this response, comments from several groups and organizations were received. After taking into account the feedback from the different stakeholders, various modifications were made.

The EIA Notification 2006 was an outcome of i) the recommendations made by the Govindarajan Committee ii) the Environmental Management Capacity Building Technical Assistance project of world bank. Govindarajan Committee was setup by the Central Government for Reforming Investment Approvals and Implementation Procedures and not for EIA. The purpose of the Committee was to develop strategies for attracting direct foreign investment in to the country. The committee observed Environmental Clearance process as one of the major hurdle in investment projects. The committee recommended that to attract investment in the various sectors, hurdles related to clearance processes need to be eased.

The second component, MoEF in 2001 was given the task to conduct a comprehensive review of the Environment Clearance process of World Bank’s Environmental Management Technical Capacity Building Project. The main objective of technical assistance project was to re-look into the entire process of EIA and to find out the suitable changes which can be brought to sub serve the interests of everyone. The studies recommended the need for reforms to bring an effective system of decision making to achieve the target of sustainable development. The recommendations were consistent with the recommendations of Govindarajan Committee.

1.1 Constraints in EIA Notification, 1994

The following were the constraints in EIA Notification:

Ø  Complex method of screening with multiple categorization

Ø   Highly centralized system of clearance.

Ø   No standardized or streamlined Procedure

Ø   Requirement of unnecessary details and documents with application

Ø  No fixed or predictable schedule of appraisal meetings

Ø   Technical issues during various stages of appraisal

Ø   Poor quality EIA studies

Ø   Long and cumbersome process leading to delays at various stages

1.2 Objectives of EIA Notification 2006

To remove the constraints of EIA notification 1994, EIA notification 2006 was published with following objectives:

Ø  To formulate a transparent, decentralized and efficient regulatory mechanism

Ø   To incorporate necessary environmental safeguards at planning stage

Ø   To involve stakeholders in the public consultation process

1.3 Salient features of EIA notification 2006

Ø  More number of projects within the purview of the environmental clearance process

Ø   Attempt to decentralize power to the State Government

Ø   No categorization of projects based on investment,

Ø  Size or capacity of the project determines whether it is cleared by the central or state government

Ø  Provision to form an expert panel, the Environment Appraisal Committees (SEAC) at the State level.

Ø  Introduction about ‘Scoping’, which was missing in earlier notification

Ø  Introduction of “The Terms of Reference (ToR)” of the project as decided by the expert committees

Ø  Powers of expert committees (SEACs and EACs) to visit the site, hold public consultation and meet experts to decide the ToR

Ø  Clear mention of appraisal process

Ø  The consultation process has been divided into public hearing for local people and submission in writing from other interested parties.

Ø  Reduction in time required for the entire environment clearance process.

2.   Summary of EIA Notification

Under the notification, the total scheme of EIA was divided into 12 main paragraphs, 1 schedule and 6 appendixes from appendix I to VI. The main paragraphs are enlisted below. For the sake of convenience and better understanding the notification is covered in 2 chapters EIA Notification 2006 – 1 and 2. The present chapter covers the first 5 points (paragraphs) i.e. upto Screening, Scoping and Appraisal Committees along with sole schedule of notification and appendix. The next chapter will cover the remaining 7 points (paragraphs) and appendixes.

1.        Genesis of the Notification

2.      Requirements of prior Environmental Clearance (EC)

3.      State Level Environment Impact Assessment Authority

4.      Categorization of projects and activities

5.      Screening, Scoping and Appraisal Committees

6.      Application for Prior Environmental Clearance (EC)

7.   Stages in the Prior Environmental Clearance (EC) Process for New Projects

i) The environmental clearance process for new projects

ii) Prior Environmental Clearance (EC) process for Expansion or Modernization or Change of product mix in existing projects

8.  Grant or Rejection of Prior Environmental Clearance (EC)

9.  Validity of Environmental Clearance (EC)

10.  Post Environmental Clearance Monitoring

11.  Transferability of Environmental Clearance (EC)

12.  Operation of EIA Notification, 1994, till disposal of pending cases

3.  The copy of notification copied from the official website of Ministry of Environment and Forest (now called Ministry of Environment, Forest and Climate Change), Govt. of India is as follow.

(Published in the Gazette of India, Extraordinary, Part-II, and Section 3, Sub-section (ii)

MINISTRY OF ENVIRONMENT AND FORESTS

New Delhi 14th September,

2006

Notification

S.O. 1533 Whereas, a draft notification under sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986 for imposing certain restrictions and prohibitions on new projects or activities, or on the expansion or modernization of existing projects or activities based on their potential environmental impacts as indicated in the Schedule to the notification, being undertaken in any part of India1, unless prior environmental clearance has been accorded in accordance with the objectives of National Environment Policy as approved by the Union Cabinet on 18th May, 2006 and the procedure specified in the notification, by the Central Government or the State or Union territory Level Environment Impact Assessment Authority (SEIAA), to be constituted by the Central Government in consultation with the State Government or the Union territory Administration concerned under sub-section (3) of section 3 of the Environment (Protection) Act, 1986 for the purpose of this notification, was published in the Gazette of India ,Extraordinary, Part II, section 3, sub-section (ii) vide number S.O. 1324 (E) dated the 15th September ,2005 inviting objections and suggestions from all persons likely to be affected thereby within a period of sixty days from the date on which copies of Gazette containing the said notification were made available to the public;

And whereas, copies of the said notification were made available to the public on 15th September, 2005;

And whereas, all objections and suggestions received in response to the above mentioned draft notification have been duly considered by the Central Government;

Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986, read with clause (d)  of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 and in supersession of the notification number S.O. 60 (E) dated the 27th January, 1994, except in respect of things done or omitted to be done before such supersession, the Central Government hereby directs that on and from the date of its publication the required construction of new projects or activities or the expansion or modernization of existing projects or activities listed in the Schedule to this notification entailing capacity addition with change in process and or technology shall be undertaken in any part of India only after the prior environmental clearance from the Central Government or as the case may be, by the State Level Environment Impact Assessment Authority, duly constituted by the Central Government under sub-section (3) of section 3 of the said Act, in accordance with the procedure specified hereinafter in this notification.

2.   Requirements of prior Environmental Clearance (EC):– The following projects or activities shall require prior environmental clearance from the concerned regulatory authority, which shall hereinafter referred to be as the Central Government in the Ministry of Environment and Forests for matters falling under Category A‟ in the Schedule and at State level the State Environment Impact Assessment Authority (SEIAA) for matters falling under Category B‟ in the said Schedule, before any construction work, or preparation of land by the project management except for securing the land, is started on the project or activity:

(i)  All new projects or activities listed in the Schedule to this notification;

(ii)   Expansion and modernization of existing projects or activities listed in the Schedule to this notification with addition of capacity beyond the limits specified for the concerned sector, that is, projects or activities which cross the threshold limits given in the Schedule, after expansion or modernization;

(iii)   Any change in product – mix in an existing manufacturing unit included in Schedule beyond the specified range.

3. State Level Environment Impact Assessment Authority:-

(1)  A State Level Environment Impact Assessment Authority hereinafter referred to as the SEIAA shall be constituted by the Central Government under sub-section (3) of section 3 of the Environment (Protection) Act, 1986 comprising of three Members including a Chairman and a Member – Secretary to be nominated by the State Government or the Union territory Administration concerned.

(2) The Member-Secretary shall be a serving officer of the concerned State Government or Union territory administration familiar with environmental laws.

(3) The other two Members shall be either a professional or expert fulfilling the eligibility criteria given in Appendix VI to this notification.

(4) One of the specified Members in sub-paragraph (3) above who is an expert in the Environmental Impact Assessment process shall be the Chairman of the SEIAA.

(5) The State Government or Union territory Administration shall forward the names of the Members and the Chairman referred in sub- paragraph 3 to 4 above to the Central Government and the Central Government shall constitute the SEIAA as an authority for the purposes of this notification within thirty days of the date of receipt of the names.

(6)  The non-official Member and the Chairman shall have a fixed term of three years (from the date of the publication of the notification by the Central Government constituting the authority).

(7) All decisions of the SEIAA shall be unanimous and taken in a meeting.

4. Categorization of projects and activities:-

(i)   All projects and activities are broadly categorized in to two categories – Category A and Category B, based on the spatial extent of potential impacts and potential impacts on human health and natural and man-made resources.

(ii)   All projects or activities included as Category “A” in the Schedule, including expansion and modernization of existing projects or activities and change in product mix, shall require prior environmental clearance from the Central Government in the Ministry of Environment and Forests (MoEF) on the recommendations of an Expert Appraisal Committee (EAC) to be constituted by the Central Government for the purposes of this notification;

(iii)    All projects or activities included as Category “B” in the Schedule, including expansion and modernization of existing projects or activities as specified in sub paragraph (ii) of paragraph 2, or change in product mix as specified in sub paragraph (iii) of paragraph 2, but excluding those which fulfill the General Conditions (GC) stipulated in the Schedule, will require prior environmental clearance from the State/Union territory Environment Impact Assessment Authority (SEIAA). The SEIAA shall base its decision on the recommendations of a State or Union territory level Expert Appraisal Committee (SEAC) as to be constituted for in this notification. In the absence of a duly constituted SEIAA or SEAC, a Category „B‟ project shall be treated as a Category „A‟ project;

5. Screening, Scoping and Appraisal Committees:-

The same Expert Appraisal Committees (EACs) at the Central Government and SEACs (hereinafter referred to as the (EAC) and (SEAC) at the State or the Union territory level shall screen, scope and appraise projects or activities in Category “A” and Category “B” respectively. EAC and SEAC‟s shall meet at least once every month.

a)    The composition of the EAC shall be as given in Appendix VI. The SEAC at the State or the Union territory level shall be constituted by the Central Government in consultation with the concerned State Government or the Union territory Administration with identical composition;

b)     The Central Government may, with the prior concurrence of the concerned State Governments or the Union territory Administrations, constitutes one SEAC for more than one State or Union territory for reasons of administrative convenience and cost;

c)     The EAC and SEAC shall be reconstituted after every three years;

d)     The authorized members of the EAC and SEAC, concerned, may inspect any site(s) connected with the project or activity in respect of which the prior environmental clearance is sought, for the purposes of screening or scoping or appraisal, with prior notice of at least seven days to the applicant, who shall provide necessary facilities for the inspection;

e)      The EAC and SEACs shall function on the principle of collective responsibility. The Chairperson shall endeavor to reach a consensus in each case, and if consensus cannot be reached, the view of the majority shall prevail.

   Note:-

General Condition (GC):

Any project or activity specified in Category B will be treated as Category A, if located in whole or in part within 10 km from the boundary of: (i) Protected Areas notified under the Wild Life (Protection) Act, 1972, (ii) Critically Polluted areas as notified by the Central Pollution Control Board from time to time, (iii) Notified Eco-sensitive areas, (iv) inter-State boundaries and international boundaries.

Specific Condition (SC):

If any Industrial Estate/Complex / Export processing Zones /Special Economic Zones/Biotech Parks / Leather Complex with homogeneous type of industries such as Items 4(d), 4(f), 5(e), 5(f), or those Industrial estates with pre –defined set of activities (not necessarily homogeneous, obtains prior environmental clearance, individual industries including proposed industrial housing within such estates /complexes will not be required to take prior environmental clearance, so long as the Terms and Conditions for the industrial estate/complex are complied with (Such estates/complexes must have a clearly identified management with the legal responsibility of ensuring adherence to the Terms and Conditions of prior environmental clearance, who may be held responsible for violation of the same throughout the life of the complex/estate).

APPENDIX VI

(See paragraph 5)

COMPOSITION  OF  THE  SECTOR/  PROJECT  SPECIFIC  EXPERT APPRAISAL COMMITTEE (EAC) FOR CATEGORY A PROJECTS AND THE STATE/UT LEVEL EXPERT APPRAISAL COMMITTEES (SEACs) FOR CATEGORY B PROJECTS TO BE CONSTITUTED BY THE CENTRAL GOVERNMENT

1.      The Expert Appraisal Committees (EAC(s) and the State/UT Level Expert Appraisal Committees (SEACs) shall consist of only professionals and experts fulfilling the following eligibility criteria:

Professional: The person should have at least (i) 5 years of formal University training in the concerned discipline leading to a MA/MSc Degree, or (ii) in case of Engineering/Technology/Architecture disciplines, 4 years formal training in a professional training course together with prescribed practical training in the field leading to a B.Tech/B.E./B.Arch. Degree, or (iii) Other professional degree (e.g. Law) involving a total of 5 years of formal University training and prescribed practical training, or (iv) Prescribed apprenticeship/article ship and pass examinations conducted by the concerned professional association (e.g. Chartered Accountancy),or

(v) a University degree , followed by 2 years of formal training in a University or Service Academy (e.g. MBA/IAS/IFS). In selecting the individual professionals, experience gained by them in their respective fields will be taken note of.

Expert: A professional fulfilling the above eligibility criteria with at least 15 years of relevant experience in the field, or with an advanced degree (e.g. Ph.D.) in a concerned field and at least 10 years of relevant experience.

Age: Below 70 years. However, in the event of the non-availability of /paucity of experts in a given field, the maximum age of a member of the Expert Appraisal Committee may be allowed up to 75 years.

2.      The Members of the EAC shall be Experts with the requisite expertise and experience in the following fields /disciplines. In the event that persons fulfilling the criteria of “Experts” are not available, Professionals in the same field with sufficient experience may be considered:

Environment Quality Experts: Experts in measurement/monitoring, analysis and interpretation of data in relation to environmental quality

Sectoral Experts in Project Management: Experts in Project Management or Management of Process/Operations/Facilities in the relevant sectors. Environmental Impact Assessment Process Experts: Experts in conducting and carrying out Environmental Impact Assessments (EIAs) and preparation of Environmental Management Plans (EMPs) and other Management plans and who have wide expertise and knowledge of predictive techniques and tools used in the EIA process.

Risk Assessment Experts

Life Science Experts in floral and faunal management

Forest and Wild Life experts

Environmental Economics Expert with experience in project appraisal

3. The Membership of the EAC shall not exceed 15 (fifteen) regular Members. However the Chairperson may co-opt an expert as a Member in a relevant field for a particular meeting of the Committee.
4. The Chairperson shall be an outstanding and experienced environmental policy expert or expert in management or public administration with wide experience in the relevant development sector
5. The Chairperson shall nominate one of the Members as the Vice Chairperson who shall preside over the EAC in the absence of the Chairman /Chairperson.
6. A representative of the Ministry of Environment and Forests shall assist the Committee as its Secretary.
7. The maximum tenure of a Member, including Chairperson, shall be for 2 (two) terms of 3 (three) years each.
8. The Chairman / Members may not be removed prior to expiry of the tenure without cause and proper enquiry.