EIA process in India

Sujit Kumar Singh

Programme Manager
Centre for Science and Environment
New Delhi, India
 EIA history
y - India
After Bhopal Gas tragedy Environmental Protection
Act was enacted (1986) also refer as Umbrella Act
 EIA history
y - India
Under EP Act EIA notification was issued in
1994 (cost of project was criteria for screening)

In 2006 again new EIA notification was issued,

issued
substituted old one
 Requirements for an effective
EIA mechanism
Extent and kind of legal support in the host
countries;
How the EIA is being conducted;
Involvement of Stakeholders at different stages;
Quality check on consultants
How the environmental, social and economic
findings are presented;
Composition and skills of the review committee.
 Responsibility of key
stakeholders
Project proponent - EIA should not be used as a tool for
obtaining environmental clearance; rather
rather, the project
proponent should use it as a management tool for sound
planning.

Decision makers - Responsibility of authorities to ensure

that p
project
j should cause minimal environmental impacts
p
and brings maximum Economic and Social benefits.
 Good p
practices in EIA
Consider the size, scale, site sensitivity and pollution
potential while deciding the ToR.

Cumulative assessment for stressed areas

EIA report should be comprehensive but focused

(should contain relevant issues instead of data and
information which are irrelevant to the overall
assessment of the project).
Environmental Clearance
(EC) process in India
 Significant features of the Revised EC Process

Introduction of Scoping.
p g
Structured Public Consultations with stipulated
time frame
Project categorized into A and B category
High impact project cleared at Central and low
impact project at State level
Ensures quality control of EIA
 Requirements of Environmental
Clearance (EC)
( )

All new projects or activities listed in the Schedule

Expansion and modernization of existing projects or

activities listed in the Schedule

Any change in product - mix in an existing

manufacturing unit

N t No
Note: N construction
t ti work
k shall
h ll start
t t prior
i tot EC
 Decentralized clearance mechanism

Projects in Schedule classified based on potential

impacts in Category A and Category B1 & B2

Category A cleared at Central level (MoEF)

Category B1,
B1 B2 at State Level (SEIAA/ SEAC)

Check-list information in Form-1/Form-1A + feasibility

reportt to
t determine
d t i TORs
TOR

Scoping stage incorporate site clearance No

separate site clearance is required.
 What type of activities are allowed prior to
Environmental Clearance

No civil construction except fencing of the site to protect

it from getting encroached and construction of temporary
shed(s) for the guard(s)

Incase of any project where TORs have been prescribed

for undertaking detailed EIA study and where
construction activities started, the TORs may be
suspended /withdrawn in addition initiating penal action

Source :MoEF office memorandum dated 19th August 2010

 Validity
y of the ToR
MoEFs office memorandum (OM), issued on
22 March
March, 2010
2010,

Approved
pp ToR is valid for a period
p of two y
years for submission
of EIA/EMP report.

It will be further extended for one year, based on proper

justification and approval of EAC/SEAC. Therefore, total
validity of ToR is three years, after that the approved ToR is
deemed invalid.

Primary data should not be older than 3 years

 Question - What are the documents MoEF shall
display on website?

S
Summary off d
draft
ft EIA reportt (for
(f category
t A project
j t)
TOR approved by EAC
Recommendations of EAC
Approval/Rejection by MoEF
 EC Process as p
per 2006 notification

Stage (1) Screening (Only for Category B projects

and activities)

Stage (2) Scoping (60 days is required)

Stage (3) Public Consultation (45 days)

Stage
St (4) Appraisal
A i l and
d EC granting
ti (105 d
days))

Total Days for EC (60+45+105 = 210 days)

 Study Area for primary data as per MoEF EIA guidance manuals

Sector Study Area

Coal washeries Project area and 5 kms
Port and harbor Project area and 5 kms
Highways Project area and 0.5 kms on either side of ROW
Building & construction project Project area and 0.5 kms

T
Township
hi &ADP P j area and
Project d2k
kms

Airports Project area and 15 kms

Aerial rope ways
Asbestos
Mineral beneficiation
Nuclear power plants
Project area and 00.5
5 km
Project area and 1 km
Project area and 5 kms
Project area and 30 kms

Mining project Project area and 10 kms (mine lease area more
th 50 h
than ha)) &5k
&5kms mine
i llease area off 55-50ha
50h
 Stages in Prior Environmental Clearance
Process
ocess
Stage I: Screening

In case of Category B projects, identification by

SEAC as Category
g y B1 or B2. Not applicable
pp for
Category A.

St
Stage II
II: Scoping
S i

Determination of TORs for EIA for Category A

and for Category B1 projects.
 Stage II: Scoping

The Terms of Reference (TOR) shall be

conveyed to the applicant by the Expert
Appraisal Committee or State Level Expert
Appraisal Committee within sixty days of the
receipt of Form 1.
 Stage II: Scoping

If the Terms of Reference is not finalized and

con e ed to the applicant within
conveyed ithin sixty
si t days
da s
of the receipt of Form 1, the Terms of
Reference suggested by the applicant shall
be deemed as the final Terms of Reference
for EIA studies.

Display
p y of approved
pp Terms of Reference on
the website
 Stage II: Scoping

Application may be rejected by the regulatory

authority at this stage itself
itself.

In case of such rejection, the decision together with

reasons for the same shall be communicated to the
applicant
li t in
i writing
iti within
ithi sixty
i t days
d off the
th receipt
i t
of the application.
 Stage III: Public
ub c Co
Consultation
su tat o
Notice of Public Hearing

Advertisement of venue, date and time in one major

National and one local newspaper.
p p

A minimum notice period of 30 (thirty) days shall be

provided to the public for furnishing their responses

Advertisement shall also inform the p

public about the
places or offices where the public could access the draft
EIA and Executive summary
 Projects exempted from public
hearing
g
Public Hearing is applicable for all Category A and
Category B1 projects, except the following:
following:-

modernization of irrigation projects

all projects or activities located within industrial

estates or parks approved by the concerned
authorities

expansion
i off Roads
R d and d Highways
Hi h which
hi h do
d nott
involve any further acquisition of land.
 Exemption
p from public
p hearing
g

All Building /Construction projects/Area Development

projects and Townships

All projects or activities concerning national defense and

security or involving other strategic considerations as
determined by the Central Government.
 Notice
ot ce o
of Public
ub c Hearing
ea g
No postponement of the date, time, venue of the
public hearing shall be undertaken,
undertaken unless some
emergency situation occurs

Postponement shall be notified to the public

through the same newspaper and also
prominently displayed at all the identified
offices by the concerned SPCB
Videography

Regulator shall arrange video recording of

entire proceedings.
proceedings

A copy of the videotape or a CD shall be

enclosed with the public hearing proceedings
and forwarded to the Regulatory Authority
concerned.
Proceedings

The attendance of all those who are present at the venue shall
be noted and annexed with the final proceedings.

Every person present at the venue shall be granted an

opportunity to seek information or clarifications on the project

Views and concerns expressed shall be recorded by the

regulator
egu ato

Regulator shall also display the proceedings on its website for

general information
Time period for completion of public hearing

PH shall be completed within a period of 45 (forty five)

da s from date of receipt of the request
days req est letter

Regulator shall sent the public hearing proceedings to

the concerned regulatory authority within 8 days of the
completion of the public hearing
 Stage IV: Appraisal
pp a sa

A
Appraisal
i l means - scrutiny
ti off documents
d t like
lik
the Final EIA report, outcome of the public
consultations including public hearing
proceedings etc. by the Appraisal Committee
 Stage IV: Appraisal
pp a sa

Appraisal Committee shall make categorical

recommendations to the regulatory authority for
grant of EC on stipulated terms and conditions,
or rejection
j ti off the
th application
li ti f EC,
for EC together
t th
with reasons for the same.

Appraisal of project shall be completed by the

Committee within sixty days of the receipt of the
fi l Environment
final E i t Impact
I t Assessment
A t reportt
 Grant or Rejection of Prior Environmental
Clearance

Regulatory authority shall consider the

recommendations of the EAC or SEAC
concerned and convey its decision to the
applicant
pp within forty
y five days
y of the receipt
p of
the recommendations

In other words appraisal and EC granting of

project takes one hundred and five days from
the receipt of the final Environment Impact
Assessment Report
 On 26th April, 2011 MoEF issued circular on the
procedure for consideration of proposals for grant of
environmental clearance

Mining + non-mining project involving 40 ha of forests, the PP

has to submit documents at the appraisal of its application for
EC.
High Resolution Satellite Imagery

A ce
certificate
t cate from
o tthe
e co
competent
pete t authority
aut o ty from
o tthee state forest
o est department
depa t e t
confirming the involvement of forest land, or as per (revenue record).

In such case prior to issuingg of certificate , the site may

y be inspected by
y
the State Forest Department along with the Regional Office of the Ministry
to ascertain the status of forests,
 Submission of compliance
report
p
PP has to submit half-yearly compliance reports
on 1st June and 1st December.
December

All such reports are public documents

documents.

Mandatory display of latest compliance report is

to be displayed on the website of the concerned
regulatory authority (i.e. MoEF or SEIAA).
 On 5th October 2011, MoEF issued Office
Memorandum (OM),
(OM) regarding
Project can be rejected in case of any discrepancy in the EIA report (such as
information and data copied from other report)

If a project is rejected, the developer has to apply for fresh environmental

clearance and initiate the entire process again, including public hearing

In case, discrepancy in an EIA report is brought later to MoEF (i.e. project

already received EC), the entire process for obtaining environmental clearance
will have to be initiated afresh

OM also stipulates to take action against the consultant who falsifies the
information in an EIA report. The OM also states to delist from the list of
accredited consultants
 Advertisement in Newspaper
p p

Both Category
g y A and Category
g y B project
j shall put
Information regarding grant of EC along with
conditions in public domain through newspaper
advertisement
 EC Granted Only After Submission
of Stage
g 1 Forest Clearance
At ToR Stage - When application received for granting
ToR, the PP required to submit a credible proof of
documents/application related to forest diversion
submitted to the concerned competent authority (CA)

At EC stage - At the time of grating EC, if CA does not

receive stage I forestry clearance certificate, then, CA
hold the EC certificate and give time limit of 12 month to
summit stage I forestry clearance.

Further extended to 18 month under exceptional case

otherwise EC will stand rejected
Wildlife Protection (Amendment) Act, 1972, revised in 2002

First comprehensive legislation for the protection and

conservation of species of plants and animals, and
management of their habitats

Act restrict development project/mining in national park

and sanctuary

Mandatory to take recommendation off NBWL, iff project is

located within the eco-sensitive zone
 In Eco- sensative zone - Commercial mining (except
digging of earth for construction or repair of houses,
manufacture of country tiles or brick for housing for
personal consumption) is prohibited

Procedure for Obtaining Prior Environmental

Clearance is Separate from Wildlife Clearance Which
is as per the Wildlife (Protection) Act (1972)

Both Clearances
Clearances can be processed Concurrently
Concurrently by
the Project Proponent
Thank you