24 Environment Clearance-EIA Notification 2006

Dr. Renuka Soni

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  1. INTRODUCTION

Widespread development activities in past few decades, without any assessment of damage to environment, has resulted in vide spread pollution of air, land, water and all the other natural resources, which in turn has had an adverse impact on the overall social development and environmental health of the state. Environmental pollution has over the years, acquired gigantic proportions and now the threat is writ large over the entire mankind. Rapid commercialization and industrialization has put more stress on nature and its resources. The gradual extensive pollution of environment on all fronts has lead to a situation where there is no comparison between the rate of degradation and replenishment of nature and its resources.

The enormous problem of environment pollution has caught the attention of the policy makers across the world. Last over 50 years has seen world vide endeavours to protect nature and its precious resources by enacting various national and international legislations and other policy documents were given shape through treaties and conventions.

Assessment of the adverse impact of development and other human activities on environment, its regulation and control is also an important area which helps in mitigating loss and pollution of the natural resources. An environmental management plan in the form of Environment Impact Assessment (EIA) was first such step for compliance of environment regulation and mitigation of environmental pollution. EIA is an instrument to analyze likely environmental effect that may occur due to intended developmental plan and suggest mitigation steps and strategies. EIA concept was introduced in India during 1970s era when developmental projects like river valley hydroelectric projects were undertaken for the need of capital based industries in the country. A comprehensive impact assessment to include other sections of development activities under the purview of Environment Impact Assessment has been regularly undertaken by the Government of India. Environment Impact Assessment serves as a particular environmental tool with open up provisions which apply equally to all proposals having potential to affect Environment. EIA involves use of scientific strategies and other practices for mitigation which addresses all possible short term and long term effects and considers sustainable aspects such as assimilation capacity, carrying capacity and biodiversity protection efforts.

Environmental Impact Assessment is an open and flexible mechanism for the involvement of the public for purpose of scrutiny and observation while at the same time having mechanism of follow up and feedback within time frame. It also includes mechanisms for monitoring its regulations, auditing and other evaluation task in hand.

The purpose of Environmental Impact Assessment is to identify and evaluate the impacts of development and projects on the environmental system. It is a useful aid for decision making based on understanding of the environment implications including social, cultural and aesthetic concerns which could be integrated with the analysis of the project costs and benefits. This exercise should be undertaken early enough in the planning stage of projects for selection of environmentally compatible sites, process technologies and such other environmental safeguards.

 

ENVIRONMENT IMPACT ASSESSMENT NOTIFICATION 2006

Environment Impact Assessment was introduced in the Indian legal system in1994 by enacting EIA notification 1994. Apart from EIA, various other notifications have also been issued by Government of India from time to time under Environment Protection Act, 1986 related to affects and mitigation of Environment Issues.

 

However, gradually the need was felt that the EIA notification 1994 didn’t address to all the issues, hence the Government of India introduced draft EIA Notification and had put up the draft notification for public comments for over a year. Later on, the draft was finalized and EIA Notification, 2006 was introduced replacing the old notification of 1994.

 

The salient features of the EIA Notification 2006 are as under:

 

2.1         PROJECTS REQUIRING PRIOR ENVIOMENTAL CLEARANCE

  1. Major projects like mining of minerals, offshore and onshore oil and gas exploration , developmental & production, Projects for Power generation, processing of nuclear fuel and nuclear power projects, River Valley Projects.
  2. Projects in primary Processing Include Mineral Benefication, Coal mines.
  3. Projects in Material Production requiring Clearance include Metallurgical industries like primary metallurgical Industry, Sponge Iron manufacturing, Secondary metallurgical Processing Industry and all toxic and heavy metal producing industries. Cement manufacturing plants.
  4. Projects involving Material processing include like Coke oven plants, Petroleum refining Industry, Asbestos Milling and other based products, Chloro-alkali Industry where specific condition shall apply, All Projects involving Soda Ash Industry, Skin and leather processing Industry.
  5. Projects involving Manufacturing and Fabrication which include pesticides Industry and its specific intermediates and Chemical industries, Industries based on processing of petroleum fractions & natural gas, manmade fiber manufacturing, Industries involving processes other than cracking & reformation in petroleum based processing, Synthetic Organic chemical Industries, Distilleries, Integrated Pant Industry, Pulp and Paper Industry, sugar Industry, Induction /arc Furnaces based industries.
  6. Service Sector industries include Oil & Gas transportation pipe line passing through National Parks/Sanctuaries/Ecologically Sensitive areas including LNG Terminal, Isolated Storage & handling of Hazardous Chemicals etc
  7. Physical Infrastructure Sector based industries include Airports, All Ship breaking Yards, Industrial estates, Export Processing zones ( EPZs) , Special Economic Zones (SEZs), Bio-Technology Parks, Leather complexes, Common Hazardous Waste Treatment , Storage and Disposal Facilities, Ports, Harbours, Highways, Aerial Ropeways, Common Effluent Treatment Plants (CETPs), Common Municipal Solid Waste Management Facilities, Building and Construction Projects, Townships and Area Development Projects.

 

2.2         ESTABLISHEMENT OF STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY

Section  3  of  the  notification  contains  the  provisions  for  establishment  of  a  State  Level Environment  Impact  Assessment  Authority  comprising  of  three  Members  including  a Chairman and a Member – Secretary to be nominated by the State Government or the Union territory Administration concerned. The Member-Secretary shall be a serving officer of the concerned State Government or Union territory administration familiar with environmental laws. The other two Members shall be either a professional or expert fulfilling the eligibility criteria given in Appendix VI to the notification. One of the expert members in the Environmental Impact Assessment process shall be the Chairman of the authority. The term of Chairman and members will be three years.

 

2.3         CATEGORIZATION OF PROJECTS AND ACTIVITES

As per the provisions of Section 4, all projects and activities which require mandatory EIA clearance have been broadly categorized in to two categories namely Category A and Category B, based on the spatial extent of potential impacts and potential impacts on human health and natural and manmade resources. A detailed schedule of Category A and Category B projects have been given in the Schedule attached to the notification. For example mining in area less than 50 hectares is Category b project where as mining in area more than 50 hectares is Category A Project. Different criteria have been laid down for category A and Category B projects. Projects or activities included as Category A in the schedule, shall require prior environmental clearance from the Central Government in the Ministry of Environment and Forests on the recommendations of an Expert Appraisal Committee to be constituted by the Central Government for the purposes of this notification.

 

Whereas, the 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.

 

2.4  SCREENING, SCOPING AND APPRAISAL COMMITTEES

The expert committees constituted under the notification at the Centre and the State level have the power to screen, scope and appraise projects or activities in Category ‘A’ and Category ‘B’ respectively. The committee shall meet at least once every month. The authorized members of the committee constituted have the power to inspect any site in respect of which the prior environmental clearance is sought, for the purposes of screening or scoping or appraisal. For doing this, as per the provisions of Section 5, prior notice of at least seven days must be given to the applicant, who shall provide necessary facilities for the inspection.

2.5         PROCEDURE FOR OBTAINING CLEARANCE

The EIA notification contains the elaborate procedure for obtaining clearance. This is explained as under:

  1. Application For Prior Environmental ClearanceThe application seeking prior environmental clearance shall be made in the prescribed forms annexed with the notification, 2006. Alongwith the application, the applicant shall furnish, along with the application, a copy of the pre-feasibility project report except that, in case of construction projects or activities (item 8 of the Schedule) in addition to Form 1 and the Supplementary Form 1A, a copy of the conceptual plan shall be provided, instead of the pre-feasibility report.
  2. Stages in the Prior Environmental Clearance (EC) Process for New Projects:-
    1. The environmental clearance process for new projects will comprise of a maximum of four stages. These four stages are as under:
      1. Screening of the Applications The process of screening is required in case of Category B projects or activities, at the stage of screening the application would be scrutinized by the concerned State level Expert Appraisal Committee (SEAC) for determining whether or not the project or activity requires further environmental studies for preparation of an Environmental Impact Assessment (EIA) for its appraisal prior to the grant of environmental clearance depending up on the nature and location specificity of the project. The projects requiring an Environmental Impact Assessment report shall be termed Category ‘B1’ and remaining projects shall be termed Category ‘B2’ and will not require an Environment Impact Assessment report. The Ministry of Environment and Forests shall issue appropriate guidelines from time to time for the purpose of categorization of projects.
      2. Scoping The Expert Appraisal Committee examines in detail comprehensive Terms of Reference (TOR) addressing all relevant environmental concerns for the preparation of an Environment Impact Assessment (EIA) the committee can ask for a report in respect of the project or activity for which prior environmental clearance is sought. The Expert Appraisal Committee or State level Expert Appraisal Committee concerned shall examine the Terms of Reference on the basis of the information furnished in the application by the applicant. If need arises, the site can also be visited and then the details of the term of reference as formulated by the committee would be communicated to the applicant by the committee within 60 days of the receipt of the form by the applicant. If the committee does not finalizes its terms of reference, then the terms of reference suggested by the applicant would be termed as final. The final result would be displayed on the website of the ministry. In case of rejection of the pre environment clearance, the rejection would be communication to the applicant within 60 days of the application.
      3. Public Consultation One of the most important aspects incorporated in the EIA notification, 2006 is involving the local people affected by the project. It involves the meeting,          informing        and      consultation     with     the       environment    groups nearby monitoring the project along with opinion of the public. The views of the people are obtained. After completion of the public consultation, the applicant shall address all the material environmental concerns expressed during this process, and make appropriate changes in the draft EIA and EMP. The final EIA report, so prepared, shall be submitted by the applicant to the concerned regulatory authority for appraisal. The applicant may alternatively submit a supplementary report addressing all the concerns expressed during the public consultation.
      4. Appraisal In this stage the application and all the other necessary report and documents are considered in its totality and then the final clearance is granted or rejected by the Regulatory Authority based on the recommendations of the authorized committee. The regulatory authority is not bound by the recommendations of the committee and hence can also direct them to reconsider the application.
  3. Issuance of Environmental ClearanceAfter the Regulatory authority accepts the application alongwith the recommendations. The environmental clearance is granted and the clearance so granted for a project or activity shall be valid for a period of ten years in the case of River Valley projects subject to a maximum of thirty years for mining projects and five years in the case of all other projects and activities.
  4.  Post Clearance MonitoringIt includes certain mandatory tasks for the project management to submit half yearly/yearly compliance reports as stipulated at the start of the project including environmental clearance terms and conditions. All such compliance reports are kept in open scrutiny and declared to be public documents. Copies of such documents can be supplied to any individual on an application to the concerned regulatory authority while any such compliance report is available on the website of such concerned regulatory authority.
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REFERENCES

 

  1. Zafar Mahfooz Nomani, “Environment Impact Assessment Laws, Satyam Law international, 2010.
  2. S. R. Myneni, “Environmental Studies, Asia Law House, 2008.
  3. P Leela Krishnan, “Environmental Law Case Book, Lexis Nexis, Butterworths, 2001.
  4. P. M. Bakshi, “The Environment (Protection) Act, Indian Law Institute, New Delhi, 1992.
  5. N. S. Raman, A. R. Gajbhiye, “Environmental Impact Assessment, I. K. International Publishing House Pvt. Ltd., 2014.
  6. Kalyan Adhikari, “Environment: Pollution and Protection, Norosa Publishing House, 2015.
  7. Anji Reddy Mereddy, Environmental Impact Assessment, 1st Edition, Butterworth Heinemann, 2017.