Introduction:

EIA can be defined as an activity to identify, predict, and access the impacts on
environment and human health, raised by a proposed activity or development activity.
EIA is performed to recommend appropriate programs, measures and operational
procedures to minimize the impact.
The main aim of EIA is to access the overall impact of development project on the
environment.
An impact can be defined as any change in the physical, chemical, biological, cultural, or
socio-economic environmental system as a result of any development activity.

Classification of impacts:
All environmental impacts caused by any development project are grouped into 3 categories:
1. Direct impacts
2. Indirect impacts
3. Cumulative impacts
Based on their nature all the above impacts are further classified into:
1. Positive and negative impacts
2. Random and predictable impacts
3. Local and wide spread impacts
4. Shor term and long term impacts
5. Reversible and irreversible impacts.
Salient Features of EIA:
(a) The EIA procedure identifies the possible positive and negative impacts to the
environment resulting from a proposed project. These impacts are identified over both "short-
term" and "long-term" time frame;
(b) The EIA provides for a plan, which upon implementation, will reduce or offset the
negative impacts of a project resulting in a minimum level of environmental degradation.'
This minimization may ~ a result of implementation of a project alternative or project
modifications or environmental protection measures, which simply reduces the number or
magnitude of negative impacts. The plan may also result in utilization of positive impacts
for enhancement measures which offset negative impacts;
(c) To measure the level of plan implementation and the degree of effectiveness of the above
environmental protection provisions, the EIA provides a monitoring program. This
program will be also designed so that it identifies the parameters of uncertainty and
measures the related impacts.
Impacts on development of environment:

Land Use Changes: Economic, Social, and Environmental Impacts

Socioeconomic Impacts:
Land is one of three major factors of production in classical economics (along with labor
and capital) and an essential input for housing and food production. Thus, land use is the
backbone of agricultural economies and it provides substantial economic and social benefits.
Land use change is necessary and essential for economic development and social progress.
Conversion of farmland and forests to urban development reduces the amount of lands
available for food and timber production. Soil erosion, salinization, desertification, and other soil
degradations associated with intensive agriculture and deforestation reduce the quality of land
resources and future agricultural productivity.
Urbanization presents many challenges for farmers on the urban fringe. Conflicts with
nonfarm neighbors and vandalism, such as destruction of crops and damage to farm equipment,
are major concerns of farmers at the urban fringe. Neighboring farmers often cooperate in
production activities, including equipment sharing, land renting, custom work, and irrigation
system development. These benefits will disappear when neighboring farms are converted to
development. Farmers may no longer be able to benefit from information sharing and formal and
informal business relationships among neighboring farms. Urbanization may also cause the
“impermanence syndrome” (i.e., a lack of confidence in the stability and long–run profitability of
farming), leading to a reduction in investment in new technology or machinery, or idling of
farmland.
As urbanization intensifies, agricultural and nonagricultural land use conflicts become
more severe. This may lead to an increase in local ordinances designed to force farmers to pay
for some of the negative impacts generated by agriculture. As the nearest input suppliers close
because of insufficient demand for farm inputs, a farmer may have to pay more for inputs or
spend more time to obtain equipment repairs. Competition for labor from nonagricultural sectors
may raise farmers’ labor costs. When the total amount of farmland falls below a critical mass, the
local agricultural economy may collapse as all agricultural supporting sectors disappear.
Urbanization also presents important opportunities to farmers. The emergence of a new
customer base provides farmers new opportunities for selling higher value crops.  The explosion
of nurseries, vegetable farms, vineyards, and other high–value crop industries in many suburban
areas illustrates how quickly agricultural economies can evolve. Many farmers have shown
remarkable adaptability in adjusting their enterprises to take advantage of new economic
opportunities at the urban fringe. They farm more intensively in areas with high population
density.

Urbanization has changed rural communities in many places. In some rural areas, urban
sprawl has encroached to such an extent that the community itself has been lost. In other areas,
the lack of opportunities has turned once–viable communities into ghost towns. Urban sprawl
intensifies income segregation and economic disparities between urban and suburban
communities. Cities tend to gain lower–income residents and lose upper–income population.

Suburbanization brings urban and rural people and problems together. Most land areas
are rural, most watersheds are in rural places, and most of the atmosphere exists above rural
space. Urbanites and agencies have legitimate concerns about the use and condition of rural
natural resources, just as rural populations have legitimate concerns about urban–based pressures
on the natural world. These shared interests in the natural environment have important economic,
social, and political implications, which may profoundly impact society in the future.

In sum, land use change provides many economic and social benefits, but comes at a
substantial economic cost to society. Land conservation is a critical element in achieving long–
term economic growth and sustainable development. Land use policy, however, must strike a
balance between private property rights and the public interest.

Environmental Impacts

Land–use change is arguably the most pervasive socioeconomic force driving changes
and degradation of ecosystems. Deforestation, urban development, agriculture, and other human
activities have substantially altered the Earth’s landscape. Such disturbance of the land affects
important ecosystem processes and services, which can have wide–ranging and long–term
consequences.

Farmland provides open space and valuable habitat for many wildlife species. However,
intensive agriculture has potentially severe ecosystem consequences. For example, it has long
been recognized that agricultural land use and practices can cause water pollution and the effect
is influenced by government policies. Runoff from agricultural lands is a leading source of water
pollution both in inland and coastal waters. Conversions of wetlands to crop production and
irrigation water diversions have brought many wildlife species to the verge of extinction.

Forests provide many ecosystem services. They support biodiversity, providing critical
habitat for wildlife, remove carbon dioxide from the atmosphere, intercept precipitation, slow
down surface runoff, and reduce soil erosion and flooding. These important ecosystem services
will be reduced or destroyed when forests are converted to agriculture or urban development. For
example, deforestation, along with urban sprawl, agriculture, and other human activities, has
substantially altered and fragmented the Earth’s vegetative cover. Such disturbance can change
the global atmospheric concentration of carbon dioxide, the principal heat–trapping gas, as well
as affect local, regional, and global climate by changing the energy balance on Earth's surface.

Urban development has been linked to many environmental problems, including air
pollution, water pollution, and loss of wildlife habitat. Urban runoff often contains nutrients,
sediment and toxic contaminants, and can cause not only water pollution but also large variation
in stream flow and temperatures. Habitat destruction, fragmentation, and alteration associated
with urban development have been identified as the leading causes of biodiversity decline and
species extinctions. Urban development and intensive agriculture in coastal areas and further
inland are a major threat to the health, productivity, and biodiversity of the marine environment
throughout the world.

Principles of RIO declaration:

The Rio declaration on environment comprises a proclamation of 27 principles and submission
of recommendations. Some of the important principles relating to environmental protection in
the Rio declaration are as follows:
1. Human beings are at the center of concerns for sustainable development. They are
entitled to a healthy and productive life in harmony with nature.
2. The sovereign right to exploit their own resources pursuant to their own environmental
and developmental policies, and the responsibility to ensure that activities within their
jurisdiction or control do not cause damage to the environment of other states or of areas
beyond the limits of national jurisdiction.
3. The right to development must be fulfilled so as to equitably meet development and
environmental needs of present and future generations.
4. In order to achieve sustainable development, environmental protection shall constitute an
integral part of the development process and cannot be considered in isolation from it.
5. All states and people shall co-operate in the essential task of eradicating poverty as an
indispensable requirement for sustainable development, in order to decrease the
disparities in standards of living better meet the needs of the majority of the people of the
world.
6. The special situation and needs of developing countries, particularly the least developed
and those most environmental vulnerable, shall be given special priority. International
actions in the field of environment and development should also address the interests and
needs os all countries.
7. States shall cooperate in a spirit of global; partnership to conserve, protect and restore the
health and integrity of the earth’s ecosystem. In view of the different contributions to
global environmental degradation, states have common but differentiated responsibilities.
The developed countries acknowledge the responsibility that they bear in the
international pursuit of sustainable development in view of the pressures their societies
place on the global environment and of the technologies and financial resources they
command.
8. To achieve sustainable development and a higher quality of life for all people, states
should reduce and eliminate unsustainable patterns of production and consumption and
promote appropriate demographic policies.
9. States should co-operate to strengthen endogenous capacity-building for sustainable
development by improving scientific understanding through exchanges of scientific and
technological knowledge, and by enhancing the development, adaption, diffusion, and
transfer of technologies including new and innovative technologies.
10. Environmental; issues are the best handled with the participation of all concerned
citizens, at the relevant level. At the national level, each individual shall have appropriate
access to information concerning the environment that is held by public authorities,
 including information on hazardous materials and activities in their communities, and the
opportunity to participate in decision-making processes. States shall facilitate and
encourage public awareness and participation by making information widely available.
Effective access to judicial and administrative proceedings, including redress and
remedy, shall be provided.
11. States shall enact effective environmental legislation, environmental standards,
management objectives, and priorities should reflect the environmental and
developmental context to which they apply: standards applied by some countries may be
inappropriate and of unwanted economic and social cost to other countries, in particular
developing countries.
12. States should cooperate to promote a supportive and open international economic system
that would lead to economic growth and sustainable development in all countries, to
better address the problems of environmental degradation. Trade policy measures for
environmental purposes should not constitute a means of arbitrary or unjustifiable
discrimination or a disguised restriction on international trade. Unilateral actions to deal
with environmental challenges outside jurisdiction of the importing country should be
avoided. Transboundary or global environmental; problems should, as far as possible, be
based on an international consensus.
13. States shall develop national law regarding liability and compensation for the victims of
pollution and other environmental damage. States shall also co-operate in an expeditious
and more determined manner to develop further international law regarding liability and
compensation for adverse effects of environmental damage caused by activities within
their jurisdiction or control to areas beyond their jurisdiction.
14. States should effectively co-operate to discourage or prevent the relocation and transfer to
other states of any activities and substances that cause severe environmental degradation
or are found to be harmful to human health.
15. In order to protect the environment, the precautionary approach shall be widely applied
by states according to their capabilities. Where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be used as a reason for postponing cost
effective measures to prevent environmental degradation.
16. National authorities should endeavor to promote the internalization of environment costs
and the use of economic instruments, taking into account the approach that the polluter
should, in principle, bear the cost of pollution, with due regard to the public interest and
without distorting international trade and investment.
17. Environmental impact assessment, as a national instrument, shall be undertaken for
proposed activities that are likely to have a significant adverse impact on the environment
and are subject to a decision of a competent national authority.
18. States shall immediately notify other states of any natural disasters or other emergencies
that are likely to produce sudden harmful effects on the environment of those states.
Every effort shall be made by the international community to help states so afflicted.
19. States shall provide prior and timely notification and relevant information to potentially
affected states on activities that may have a significant adverse transboundary
 environmental effect and shall consult with those states at an early stage and in good
faith.
20. Women have a vital role in environmental management and development. Their full
participation is therefore essential to achieve sustainable development.
21. The Creativity, ideas, and courage of the youth of the world should be mobilized to forge
a global partnership in order to achieve sustainable development and ensure a better
future for all.
22. Indigenous people and their communities, and other local communities have a vital role
in environmental management and development because of their knowledge and
traditional practices. States should recognize and duly support their identity, culture, and
interests and enable their effective participation in the achievement of sustainable
development.
23. The environment and natural resources of people under oppression, domination, and
occupation shall be protected.
24. Warfare is inherently destructive of sustainable development. states shall, therefore,
respect international law providing protection for the environment in times and armed
conflict and co-operate in its further development, as necessary.
25. Peace, development and environmental protection are interdependent and indivisible.
26. States shall resolve all their environmental disputes peacefully and by appropriate means
in accordance with the charter of the unites nations.
27. States and people shall co-operate in good faith and in a spirit of partnership in the
fulfillment of the principle embodied in this declaration and in the further development of
international law in the field of sustainable development.

Need for EIA:

Every anthropogenic activity has some impact on the environment. More often it is
harmful to the environment than benign. However, mankind as it is developed today cannot live
without taking up these activities for his food, security and other needs. Consequently, there is a
need to harmonize developmental activities with the environmental concerns. EIA is one of the
tools available with the planners to achieve the above- mentioned goal.
It is desirable to ensure that the development options under consideration are sustainable.
In doing so, environmental consequences must be characterized early in the project cycle and
accounted for in the project design.
The objective of EIA is to foresee the potential environmental problems that would arise out
of a proposed development and address them in the project’s planning and design stage. The EIA
process should then allow for the communication of this information to:
(a) The project proponent
(b) The regulatory agencies and
(c) All stakeholders and interest groups.
EIA integrates the environmental concerns in the developmental activities right at the time of
initiating for preparing the feasibility report. In doing so it can enable the integration of
environmental concerns and mitigation measures in project development. EIA can often prevent
future liabilities expensive alterations in project design.

Classification of EIA:
EIA can be classified based on the purpose and the theme of development. EIA can be
climate impact assessment, demographic impact assessment, development impact assessment,
ecological impact assessment, economic and fiscal impact assessment, health impact assessment,
risk assessment, social impact assessment, strategic impact assessment, technology assessment.

In addition to this list, EIA is also categorized based on systematic analysis of environmental
parameters, geographical region, carrying capacity limitations and sectoral planning. They are
strategic EIA, regional EIA, sectoral EIA, project level EIA and life cycle assessment.

1. Strategic EIA (SEIA):

Strategic EIA refers to systematic analysis of the environmental effects of development
policies, plans, programs and other proposed strategic actions. This process extends the aims and
principles of EIA upstream in the decision- making process, beyond the project level and when
major alternatives are still open. Strategic EIA represents a proactive approach to integrate
environmental considerations into the higher level of decision-making.

2. Regional EIA:
EIA in the context of regional planning integrates environmental concerns into
development planning for a geographic region, normally at the sub- country level. Such an
approach is referred to as the economic-cum- environmental (EcE) development planning. This
approach facilitates adequate integration of economic development with management of
renewable natural resources within the carrying capacity limitation to achieve sustainable
development.

It fulfills the need for macro-level environmental integration, which the project-oriented
EIA is unable to address effectively. Regional EIA addresses the environmental impacts of
regional development plans and thus, the context for project-level EIA of the subsequent
projects, within the region. In addition, if environmental effects are considered at regional level,
then cumulative environmental effects of all the projects within the region can be accounted.

3. Sectoral EIA:
Instead of project-level-EIA, an EIA should take place in the context of regional and
sectoral level planning. Once sectoral level development plans have the integrated sectoral
environmental concerns addressed, the scope of project-level EIA will be quite narrow. Sectoral
EIA will help to address specific environmental problems that may be encountered in planning
and implementing sectoral development projects.

4. Project Level EIA:

Project level EIA refers to the developmental activity in isolation and the impacts that it
exerts on the receiving environment. Thus, it may not effectively integrate the cumulative effects
of the development in a region.

EIA in project cycle:

Increasingly, Asian countries are enacting laws requiring EIAs for all major projects. Indeed, in
many countries EIA must be an integral part of the feasibility study. Where these laws are
enforced, they can be a powerful means of directing development towards sustainability. Another
major trigger for EIA is project financing. In many cases, a review of the project's EIA is a
mandatory requirement of financing. Few lending institutions and investors, whether
international financial institutions or private sources of capital, are willing to risk their funds on
projects which do not meet environmental standards. These conditions have resulted in a careful
integration of environmental review procedures at various stages of the “project cycle.”

A generalized project cycle can be described in terms of six main stages:

1) project concept

2) pre-feasibility

3) feasibility

4) design and engineering

5) implementation and

6) monitoring and evaluation.

Most EIA activities take place during the pre-feasibility and feasibility stages, with less effort
devoted to implementation, monitoring, and evaluation stages. In general, EIA should enhance
the project and augment the project planning process. Most EIA put importance on pre-feasibility
study and feasibility study, while implementation, monitoring, evaluations are not. Generally,
EIA enhance the project plan and makes it more efficient.
EIA Notification and Legal Framework:
EIA Notification:
EIA Notification 1994
The Government of India enacted the Environment (Protection) Act on 23rd May 1986.
To achieve the objectives of the Act, one of the decisions that were taken is to make
environmental impact assessment statutory.
On 27th January 1994, the MoEF notified mandatory EIA’s under Rule 5 of the
Environment (Protection) Rules, 1986 for 29 designated projects. This is the principal piece of
legislation governing environmental impact assessment. Management Plan (EMP), and a project
report to an Impact Assessment Agency and was required to consult a multi-disciplinary
committee of experts.
The EIA provision was hence made a mandatory requirement under the Environment
Protection Act, 1986 with the following four objectives:
1. Predict the environmental impact of projects
2. Find ways and means to reduce adverse impacts;
3. Shape the projects to suit local environment;
4. Present the predictions and options to the decision-makers.
The Notification legislated under the Environment Protection Act, 1986 was responsible
for ensuring that developmental projects (industries and infrastructure like dams, mines,
refineries, large commercial complexes, highways, power projects, etc.) account for their
environmental impacts as part of their planning and design processes.
According to Schedule II of the notification, the EIA is expected to cover at least the following
matters:
1. Description of the proposed activities:
2. Description of the base environmental and climatic conditions and potential affected
environment including specific information necessary to identify and assess the environmental
effect of the proposed activities.
3. Analysis of the land use and land use change, waste generation, water consumption (and the
existing balance), power consumption etc. along with the social and health impacts (in terms of
number of people displayed etc)
4. Description of the practical activities as appropriate
5. An assessment of the likely or potential environmental impacts of the proposed activity (like
air pollution, noise generation) and the alternatives, including the direct or indirect, cumulative,
short-term and long-term effects;
6. A risk assessment report and disaster management plan to mitigate adverse environmental
impacts of proposed activity and assessment of those measures;
7. An indication of the likely area to be affected by the proposed activity or its alternatives;
The Notification also mandates a public hearing, with further review by a committee of
experts in certain cases. Any member of the public can have access to a summary of the Project
Report and the detailed EMPs. Public hearings are statutory / mandatory. This is the only piece
of legislation that actually provides affected communities and the wide public some scope in
influencing the final outcome of the decision. In a move, the MoEF also took a step in
decentralizing the responsibilities of conducting EIA (notification date 10th April 1997, No. S.O.
319 E). The EIA Notification, 1994 was subsequently amended time and again. Amendments of
4th May 1994, 10th April 1997 and 27th January 2000 led to making EIA mandatory for 30
activities.
Amendments to EIA Notification, 1994
Since its inception in 1994, the mechanism of EIA has come a long way before it was re-
engineered in the year 2006 to overcome its limitation experienced over the years. This journey
has proved to be a bumpy ride for this administrative mechanism with as many as 13
amendments in 11 years to re-engineering the whole process in 2006. The mechanism of EIA
was devised to ensure that projects like dams, mines, industries, highways bridges, etc. do not
cause irreversible & repairable damage to the environment.
Several changes were made to the original notification. The first amendment came within
a few months of the notification on 4th May 1994. Many more were to follow. The EIA
notification 1994 was amended almost 13 times in 11 years.
While most of the amendments diluted the process of environmental clearance process,
there were some, which also strengthened the process. Some of the key amendments are
discussed as follows:
• Amendment on 10th April, 1997: The process of environmental public hearing (EPH) was
introduced in the environmental clearance process. The SPCB (state pollution control board)s
were entrusted to conduct public hearing to get the views and concerns of the affected
community and interested parties for the proposed project. It was also entrusted with forming
an EPH committee to ensure fair representation in the public hearing process. This
amendment also made some changes with reference to the environmental clearance required
for power plants.
• Amendment on 13th June, 2002: This amendment diluted the purpose of the notification
exempting many industries from the EIA process or from the entire environment clearance
process on the basis of level of investment.
 It exempted pipeline and highway projects from preparing the EIA report, but these
projects would have to conduct public hearings in all the districts through which the
pipeline or highway passes.
 A number of projects were totally exempted from the Notification if the investment was
less than Rs 100 crore for new projects and less than Rs. 50 crores for
expansion/modernization projects.
 Most of the industries exempted from the clearance process had a very high social and
environmental impact even if the investment was less than Rs 100 crore. For example, in
case of Hydel power projects, irrespective of the investment, there will be social impacts
due to displacement.
 No EIA was required for modernization projects in irrigation sector if additional
command area was less than 10,000 hectares or project cost was less than Rs. 100 crore.
• Amendment on 28th February, 2003: This amendment added a little tooth to the
notification. It took into consideration location-sensitivity into the environment clearance
process. This amendment prohibited certain processes and operations in specified areas of the
Aravalli range.
• Amendment on 7th May 2003: The notification was amended to expand the lists of
activities involving risk or hazard. In this list, river valley projects including hydel power
projects, major irrigation projects and their combination including flood control project
except projects relating to improvement work including widening and strengthening of
existing canals with land acquisition up to a maximum of 20 metres, (both sides put together)
along the existing alignments, provided such canals does not pass through ecologically
 sensitive areas such as national parks, sanctuaries, tiger reserves and reserve forests. in
February 2003 that tried bringing in location-sensitivity in the entire environmental clearance
process. Any project located in a critically polluted area, within a radius of 15 kilometres of
the boundary of reserved forests, ecologically sensitive areas, which include national parks,
sanctuaries, biosphere reserves; and any State, had to obtain environmental clearance from
the Central Government.
• Amendment on September 2003: Site clearance was made mandatory for green field
airport, petrochemical complexes and refineries. Moreover, the amendment added that no
public hearing was required for offshore exploration activities, beyond 10 km from the
nearest habitation, village boundary, goothans and ecologically sensitive areas such as,
mangroves (with a minimum area of 1,000 sq.m), corals, coral reefs, national parks, marine
parks, sanctuaries, reserve forests and breeding and spawning grounds of fish and other
marine life.
• Amendment on 7th July, 2004: It made EIA mandatory for construction and industrial
estate.
• 13th Amendment on 4th July 2005: The amendment provided that projects related to
expansion or modernization of nuclear power and related project, river valley project, ports,
harbors and airports, thermal power plants and mining projects with a lease area of more than
5 hectares could be taken up without prior environmental clearance. The Central Government
in the Ministry of Environment and Forests may, on case to case basis, in public interest,
relax the requirement of obtaining prior environmental clearance and may, after satisfying
itself, grant temporary working permission on receipt of application in the prescribed format
for a period not exceeding two years, during which the proponent shall obtain the requisite
environmental clearance as per the procedure laid down in the notification. The grant of
temporary working permission would not necessarily imply that the environmental clearance
would be granted for the said project.
EIA Notification 2006:
September, 2006. This was a year after the draft notification was placed on the MoEF
website, in response to which, comments were sent by several groups and organizations. Since
objective of EIA Notification 2006 was to address the limitations in the old EIA Notification
(1994), various modifications have been incorporated, which the Ministry claims to have done
after taking into account the feedback from the different stakeholders. Though, there have been
some improvements in the new notification over the previous one, it has certainly failed to meet
the expectations of the various stakeholders, especially members of the civil society, NGOs and
local community.
The EIA-2006 is an outcome of the recommendations made by the Govindarajan
Committee. It was constituted to examine the procedures for investment approvals and project
implementation. It found that the environment clearance causes maximum delay to projects and
recommended that some of the cumbersome procedures be modified. Consultations on the draft
notification were held only with representatives from industry and central government agencies
(Asscom, FICCI, CII and MoEF).
 The 2006 Notification has tried bringing in more number of projects within the purview
of the environmental clearance process. As a result, a revised list of projects and activities has
been redrawn that requires prior environmental clearance. Most importantly, there is no
categorization of projects requiring EIA based on investment, rather size or capacity of the
project determines whether it is cleared by the central or state government.
The major difference in the EIA Notification 2006 from the earlier one (1994) is its
attempt to decentralize power to the State Government. Earlier all the projects under schedule 1
went to the Central Government for environmental clearance. The notification also talks about
‘Scoping’, which was completely missing earlier. The terms of reference (ToR) of the project
will now be decided by the SEAC Environment Appraisal Committees (SEAC) at the state-level
and by Environment Appraisal Committees (EAC) at the Central level. This will be decided on
the basis of the information provided by the proponent. If needed the SEACs and EACs would
visit the site, hold public consultation and meet experts to decide the ToR. The final ToR has to
be posted in the website for public viewing.
Though there is clear mention of appraisal in the EIA process, there is no mention of post
monitoring, a very important part of the entire EIA process. The area where there could have
been major improvements in environment clearance process, i.e. public consultation, the 2006
EIA notification is a major disappointment. The public consultation as was earlier done will still
be conducted at the end of the environment clearance process where there is very little scope for
the public to play any active role. consultation process. There is a provision in the notification
where a public consultation can totally be foregone if the authorities feel the situation is not
conducive for holding public hearing. This can limit the involvement of people.
The focus of the 2006 Notification has been to reduce the time required for the entire
environment clearance process. The earlier process took around 14-19 months for Rapid EIA and
21 to 28 months for comprehensive EIA. As per the notification, the category A project will be
completed only in 10.5 to 12 months. There seems to be no justification for this and may result in
compromising on the efficiency and transparency of the clearance process, which was quite
evident from the earlier notification even though the process had more time. Comprehensive
legal frame work for dealing with environment issues relating to forests, biodiversity, water, air,
etc.
Core legislations:
The environmental protection act 1986
The national green tribunal act, 2010
Water (prevention and control of pollution) act 1974
The air (prevention and control of pollution act) 1981
The wildlife protection act 1972
The public liability insurance act 1991
The forest conservation act 1980
National environment policy 2006
Stakeholder:
Stakeholders are defined as the people and organizations who are involved in or affected by an
action or policy and can be directly or indirectly included in the decision making process. A particular
organization may further define situation-specific groups of stakeholders for its projects.

Stakeholders in the EIA Process

 Those who propose the project
 The environmental consultant who prepare EIA on behalf of project proponent
 Pollution Control Board (State or National)
 Public has the right to express their opinion
 The Impact Assessment Agency
 Regional centre of the MoEFCC (Ministry of Environment, Forest and Climate Change) 
Stakeholders can affect your company’s resources and decisions about the environment.
Stakeholders are those who affect (and are affected by) business activities. Stakeholders can be
inside the organization — e.g. employees — or outside: e.g. community members and
advocacy groups.
Research shows that three kinds of stakeholders outside companies are linked to improvements
in firm environmental performance. Firms have better environment performance when their
nearby stakeholders are wealthy, care about the environment, and/ or live in densely populated
areas.
EIA is a huge process, and naturally, it involves a whole lot of people. Each have a role to play
in the entire EIA process, and here, we’ll take a look at the major stakeholders and how they
contribute.
 Project Proponent

If not the most important of all stakeholders, they are definitely the reason EIAs exist. If not for
their shameless pursuit of money and disregard for everything else, there would be no need for
EIA. The project proponents are any company/entity that want to start a major project. They can
be established MNCs or start-ups or even individuals (in case of building a house, etc).

 Government authorities

They are the monitors of the EIA class, so to speak. They oversee the entire process of EIA, step
in and alter anything they feel is not up to the mark, check the EIA report and finally decide
whether to accept or reject the project proposed. Without an Environmental Clearance issued by
the govt. no project can proceed from the blueprint stage.
The level of govt. active in a particular project depends on the scale of the project. Major
infrastructure of industrial projects need approval from the Central Govt., while smaller projects
need to get permission from the State Govt. authorities.

The state and the central govt. have a branch to deal with EIA and EC specifically. They come
under the Ministry for Environment, Forest and Climate Change.

Further, any project needs to obtain a NOC from every govt. agency that remotely concerns their
project. For example, if an industry is to be established near a river, the project proponents need
NOC from the state/central pollution control board, water control board, wildlife authorities, land
authorities, forest authorities, protected area authorities (if the proposed project overlaps such an
area) etc. Without a NOC from even one of these agencies, the project will not see daylight.

 Expert Appraisal Committee

This committee comprises of 15 members who are experts in various scientific and social fields,
and they are the backbone of the EIA study. They conduct the study, and determine all possible
impacts of the project, it’s extent and how to mitigate them. They compile the final EIA report,
which is submitted to the govt. for approval.

The project proponents can further include an EIA consultant from their side to oversee the work
of the appraisal committee and ensure that it is impartial and accurate.

 Affected people

Often the most ignored stakeholder, the people living in the project area, or people whose
livelihoods are directly affected because of a proposed project are the largest stakeholder in
terms of numbers. They are generally rural people who lead simple lives and live off the natural
resources that surround them.

Unfortunately, due to their lack of knowledge and lack of exposure to the world, they are easily
exploited by the project proponents to ensure they do not pose any roadblocks in the EIA
process.

 Social activist groups

These groups are important because most times, they represent the affected people during the
EIA process, and ensure that the EIA is done in the right way and there is no foul play. Often,
they are opposed to the project entirely, and campaign tirelessly to ensure the project never gets
off the ground. The most famous example is a group called Narmada Bachao Andolan (Save
Narmada Campaign) that opposed the building of a dam on Narmada River in Central India.
  Interested public

Generally nonexistent, they sometimes appear in good numbers if the project is large and is
gaining media attention. They are passive observers of the process, unless the situation is
extreme and warrants their active participation.

In an ideal world, all of the stakeholders together work in the EIA study and come up with the
most suitable plan to ensure the project is successful and the environment is minimally affected.
But as mentioned in Environmental Impact Assessment-Challenges, all of the stakeholders don’t
have an equal say in the process. Project proponents are the ones with the most to lose if a
project is rejected, and they use their deep pockets to try and wrestle out a favorable decision
wherever possible. On the other end, the affected people and social groups, despite large
numbers are ignored in the name of “economic development” and are dealt with short term
promises.

Roles and responsibilities of EIA Consultant:

General duties of EIA Consultant shall include (but need not be limited to) the following tasks:

(i) To conduct the study based on the scope of study or approved TOR (terms of
references).
(ii) To guide Assistant Consultants within the team
(iii) Prepare write up for the related sections. Draft may be prepared by an
Assistant Consultant but the final version must be thoroughly examined and
approved by the EIA Consultant

Registration criteria and requirements:

(i) Academic qualification:

Degree in sciences, technology or engineering. Applicants with other non-technical or
sciences degree may only work within their academic specialization.

(ii) General environmental management experience:

Minimum 7 years

(iii) EIA related experience:

Minimum 5 years

(iv) Minimum number of reports approved:

5 reports

(v) Core competencies:

 Attendance of formal EIA training (evidence to be supplied)
 Sufficient understanding of EIA processes (e.g : scoping, screening, impact
assessment, mitigating measures, monitoring, report writing, preparation of
EMP, project management skills
  Sufficient understanding of environmental & planning regulations in Malaysia
 Evidence on the expertise (core competencies) in the form of certificates or
examination results must be submitted together with the application.

(vi) Portfolio of work:

Applicants for the EIA Consultant category must submit a Portfolio of Work
including five of the most relevant EIA reports previously completed. The portfolio
must be submitted according to the format provided in Appendix 2: Portfolio of Work
for EIA Consultants. The portfolio must highlight the chosen areas of expertise.

(vii) References:
Applicants must name two (2) individual referees who can verify his/ her capabilities,
skills, knowledge and experiences. Applicants must advise the selected referees of
their nomination and get advance consent. Applicants will need to fill in basic
information in Form B: Referee and submit it to the referee. The referee needs to
submit the completed Form B: Referee Assessment (Appendix 4) directly to
DOE(department of environment).
To increase the chance of successful registration, the applicant must carefully select
the referees. As a general guideline, suitable referees could be individuals that:
 Have good reputation and are highly respected in the field of environmental
management.
 Were the applicant’s previous employer or supervisor, preferably in the area
of environmental management or the area of his expertise.
 Are the applicant’s current employer or supervisor and;
 Have known the applicant professionally for a minimum of three (3) years.

(viii) Interview:
An interview will be conducted for applicants who choose more than four areas of
specialization. For other applicants, interview will be conducted on case by case basis
(e.g : if further clarification is needed or based on recommendation from referee).

(ix) Personal Attributes:

Applicants for registration should be able to demonstrate the personal attributes
necessary for conducting environmental impact assessment. Desirable personal
attributes are:
(i) Competence in clearly and fluently expressing concepts and ideas, orally and
in writing;
(ii) Good interpersonal skills;
(iii) Independence, strong motivation and objectivity when undertaking
consultancy responsibilities;
(iv) Personal organization skills necessary to conduct the environmental
assessment effectively and efficiently;
(v) The ability to make professional judgment based on study findings;
(vi) The ability to react with sensitivity to the conventions and culture of the
organization, site or region in which the EIA study is performed.
 (x) Code of conduct:
All applicants must sign and agree to abide by the Code of Conduct, which is
designed to ensure that registered individuals act in an ethical and professional
manner.
Screening in EIA:

Screening is the first stage of the EIA process which results in a key EIA decision,
namely to either conduct the assessment (based on the likely significant impacts) or not conduct
it (in the anticipated absence of such impacts). Screening needs to follow specific procedures
often described in the legislation so all the projects follow the same process.

Key contributions of screening to a good EIA:

 Facilitates informed decision making by providing clear, well-structured, factual analysis

of the effects and consequences of proposed actions.
 Influences both project selection and policy design by screening out environmentally
and/or socially unsound proposals, as well as modifying feasible action.

Why screening?

An essential aspect of conducting an EIA is to determine the level of impact of the

proposed project, development or initiative. When we look at major development projects—
especially those involving natural resources, such as mining, hydroelectric dams, or oil
extraction—we can say for certain that they will require an environmental and social impact
assessment. On the other hand, while the development of a tourism project may seem low-risk at
first, a second look could reveal that the project requires large amounts of drinking water,
energy, the removal of endangered flora or fauna, and will result in extensive sewage production.
It may also lead to increased road and air traffic to deliver supplies, visitors and workers. Finally,
the impacts of project could change over time. Thus, during the screening step as well as the
whole EIA process, impacts are considered over the lifetime of the project, from the construction
phase through to operations and after closing.

Most proposals can be screened very quickly because they will have few impacts and will
be screened out of the EIA process. Only a limited number of proposals, usually large-scale
projects, require a full EIA because they will likely have major irreversible impacts on
environmental resources or on people’s health, livelihoods or cultural heritage. However, many
projects with medium impacts will require an Environmental Management Plan (EMP) which is
a component of a full EIA.

It is important that screening be done as early as possible in the development of the

proposal in order for the proponent and other stakeholders to be aware of possible EIA
obligations. It is also important that screening be applied systematically and consistently, so that
the same decision would be reached if others did the screening.
Scoping in EIA:

Scoping is a critical step in the preparation of an EIA, as it identifies the issues that are likely
to be of most importance during the EIA and eliminates those that are of little concern. Scoping
is a systematic exercise that establishes the boundaries of your EIA and sets the basis of the
analyses you will conduct at each stage. A quality scoping study reduces the risk of including
inappropriate components or excluding components that should be addressed. It involves:

 Identifying all relevant issues and factors, including cumulative effects, social impacts,
and health risks.
 Facilitating meaningful public engagement and review.
 Determining the appropriate time and space boundaries of the EIA.
 Identifying the important issues to be considered in the EIA, such as setting the baseline
and identifying alternatives.

Why scoping?
Scoping is critical as it sets up the boundaries of the EIA, including the project area; it
establishes what the EIA will include and how to put the EIA together in accordance with the
TOR. An EIA is an intensive process in terms of costs, cress-sectoral expertise and assessments
that must be completed, and the types and extent of the consultations that must be conducted.
Scoping helps to select what is needed and what is not relevant, and thus it serves as a work
plan for the entire EIA process. The information gathered during the scoping phase is used in
the next steps of the EIA.
How is a scoping process conducted?

A project scoping activity can be carried out in nine main steps. These are:

1. Set up the team of experts that will conduct the EIA.

2. Describe the project area and the area of project influence.
3. Outline project alternatives for preparation, implementation and closure.
4. Conduct public meetings and stakeholder consultations; integrate comments and
collected feedback into project planning and the alternatives.
5. Outline a set of environmental, biological and socioeconomic resources and issues that
will be addressed in the assessment.
6. Define a set of criteria to assess the planned project/development.
7. Identify the project impacts, during its all stages, list the significant and non-significant
impacts and explain why.
8. Identify a set of data for baseline descriptions and potential additional data collection
needs.
9. Start inserting this information in the appropriate section of the TOR.

Comprehensive and Rapid EIA:

 The difference between Comprehensive EIA and Rapid EIA is in the time-scale of the
data supplied. Rapid EIA is for speedier appraisal process. While both types of EIA require
inclusion/ coverage of all significant environmental impacts and their mitigation, Rapid EIA
achieves this through the collection of one season (other than monsoon) data only to reduce the
time required. This is acceptable if it does not compromise on the quality of decision-making.
The review of Rapid EIA submissions will show whether a comprehensive EIA is warranted or
not. It is, therefore, clear that the submission of a professionally prepared Comprehensive EIA
in the first instance would generally be the more efficient approach.
EIS:
The National Environmental Policy Act (NEPA) requires federal agencies to conduct an
environmental impact statement (EIS) for major actions that could have significant impacts on
the environment. Under NEPA, “environment” includes the natural and physical environment
(such as air, water, geography, geology) as well as people’s relationship with the environment
(such as health, safety, jobs, schools, housing, and aesthetics). An EIS looks at both short-term
and long-term effects and considers possible measures to reduce or mitigate those effects.

The EIS Process:

An EIS is prepared in a series of steps: gathering government and public comments to
define the issues that should be analyzed in the EIS (a process known as “scoping”); preparing
the draft EIS; receiving and responding to public comments on the draft EIS; and preparing the
final EIS. Decisions are not made in an EIS; rather, the EIS analysis is one of several factors
decision makers consider. The decision is announced in the Record of Decision (ROD) after the
final EIS has been published.
Scoping:
A federal agency begins the scoping process for an EIS by publishing a Notice of Intent
(NOI) in the Federal Register to let the public know that it is considering an action and will
prepare an EIS. The NOI describes the proposed action and may provide background
information on issues and potential impacts. During the scoping period, the public can provide
comments on the proposed action, alternatives, issues, and environmental impacts to be
analyzed in the EIS. Scoping may involve public meetings and other means to obtain public
comments on the EIS.
Draft EIS:
Preparation of a draft EIS is the next step in the process. The draft EIS presents,
analyzes, and compares the potential environmental impacts for the proposed action and
alternatives and their implementation, and provides additional information on the
methodologies and assumptions used for the analyses. A Notice of Availability (NOA) is
published in the Federal Register announcing the availability of the draft EIS for public review
and comment. The NOA begins a minimum 45-day comment period. Public comments on the
draft EIS are considered in the preparation of the final EIS.
Final EIS:
 Once the public comment period on the draft EIS has been completed, a final EIS is
prepared and distributed. Responses to public comments on the draft EIS are included in the
final EIS.
Record of Decision:
After the final EIS is published, a minimum 30-day waiting period is required before a
ROD can be issued. The ROD notifies the public of the decision made on the proposed action
and presents the reasons for that decision. The decision making process may include
consideration of factors such as cost, technical feasibility, agency statutory missions, and
national objectives, as well as the potential environmental impacts of an action(s). No action
can be taken until the decision has been made public.

Contents of the EIS

The prescribed contents of EISs vary significantly, but they typically include the following
elements.

 The objectives of and need for the proposed action.

  A description of the proposed action and alternatives to it.
 The consequences of not undertaking the proposed action.
 A description of the existing environment likely to be affected.
 Potential impacts of the proposed action, including predictions of their magnitude,
extent and duration.
 Means of mitigating the identified impacts.
 Unavoidable and irreversible impacts.
 Evaluation of the alternatives and recommendations to decision-makers.
Where the adaptive approach is taken, the EIS may also include details of research and
monitoring programs to be undertaken, and reassessment and reporting requirements.
What is included in an EIS?

An EIS Includes:

 Cover sheet: Includes, among other things,

o the name of the lead agency and any cooperating agency

o agency contact information
o the title of the proposed action and its location
o a paragraph abstract of the EIS
o the date when comments must be received.

 Summary: A summary of the EIS, including the major conclusions, area of disputed
issues, and the issues to be resolved.

 Table of Contents: Assists the reader in navigating through the EIS.

 Purpose and need statement: Explains the reason the agency is proposing the action and
what the agency expects to achieve.

 Alternatives: Consideration of a reasonable range of alternatives that can accomplish the

purpose and need of the proposed action.

 Affected environment: Describes the environment of the area to be affected by the

alternatives under consideration.

 Environmental consequences: A discussion of the environmental effects and their

significance.

 Submitted alternatives, information, and analyses: A summary that identifies all

alternatives, information, and analyses submitted by state, tribal, and local governments
and other public commenters for consideration during the scoping process or in
developing the final EIS.
  List of preparers: A list of the names and qualifications of the persons who were
primarily responsible for preparing the EIS.

 Appendices (if required): Appendices provide background materials prepared in

connection with the EIS.

Finding of No Significant Impact (FONSI):

The Finding of No Significant Impact (FONSI) is a document prepared by the RFO (Range
forest officer) briefly presenting the reasons why an action, not otherwise excluded, will not have
a significant effect on the human environment and for which an environmental impact statement
will not be prepared. It shall include the environmental assessment (EA) or a summary of it. If
the assessment is included, the finding need not repeat any of the discussion in the assessment
but may incorporate it by reference.

Requirements

Include the following elements in every FONSI.

Evidence

The FONSI must either include the EA or a summary of it. It contains the evidence that supports
the basic and ultimate conclusions. Whatever the ultimate conclusion, it will not stand up if there
is not evidence in the EA to support it.

Basic Conclusions

These are the reasons why an action, not otherwise excluded, will not have a significant effect on
the quality of the human environment. A determination of significance requires consideration of
the context and intensity of the action so these should be discussed in any FONSI. The following
ten factors should be considered:

1. Impacts that may be both beneficial and adverse, considered together;

2. Effects on public health or safety;

3. Effects on unique geographic characteristics;

4. Effects that may be highly controversial;

5. Effects are highly uncertain or involve unique or unknown risks;

6. The action may establish a precedent for future actions;

7. The action is related to other actions with individually insignificant but cumulatively
significant impacts;
8. Effects on properties listed on the National Register of Historic Places;

9. Effects on Threatened and Endangered Species or their habitats; and

10. The action threatens a violation of Federal, State, or local law or requirements for the
protection of the environment.

Ultimate Conclusion

Always include the following language in a FONSI: “I find that neither the proposed action nor
any of the alternatives is a major Federal action significantly affecting the quality of the human
environment.” This statement is the legal basis for not preparing an EIS. If one or more
alternatives may be major federal actions significantly affecting the quality of the human
environment, modify the language to reference only the alternative being selected.

If the RFO can conclude the action will have “no significant impact on the quality of the human
environment” NRCS does not have to prepare an EIS.