You are on page 1of 40

EIA process in India

Sujit Kumar Singh


Programme Manager
Centre for Science and Environment
New Delhi, India
EIA history
y - India
ƒ 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
ƒ Extent and kind of legal support in the host
countries;
ƒ How the EIA is being conducted;
ƒ Involvement of Stakeholders at different stages;
ƒ Quality check on consultants
ƒ How the environmental, social and economic
findings are presented;
ƒ 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
ƒ Consider the size, scale, site sensitivity and pollution
potential while deciding the ToR.

ƒ Cumulative assessment for stressed areas

ƒ 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 Project area and 00.5
5 km
Asbestos Project area and 1 km
Mineral beneficiation Project area and 5 kms
Nuclear power plants 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:-

ƒ modernization of irrigation projects

ƒ all projects or activities located within industrial


estates or parks approved by the concerned
authorities

ƒ 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