CE6180:EIA- Lecture 14

PUBLIC PARTICIPATION

OR

PUBLIC HEARING
ENVIRONMENTAL CLEARANCE
• Whoever apply for environmental clearance projects, shall
submit to the concerned State Pollution Control Board
twenty sets of the following documents namely:

– An executive summary containing the salient features of the

project both in English as well as local languages.

– Form XII prescribed under Water (Prevention and Control of

Pollution) Rules, 1975 where discharge of sewage, trade effluents
treatment of water in any form, is required.

– Form I prescribed under Air (Prevention and Control of Pollution)

Union, Territory Rules, 1983, where discharge of emissions are
involved in any process, installation or industry.

– Any other information or document which is necessary in the

opinion of the Board for their final disposal of the application.
PUBLIC HEARING DEFINITION

• It can be defined as a continuous, two way communication process

which involves promoting full public understanding of the processes
and mechanisms through which environmental problems and needs
are investigated and solved by the responsible agency.
• Keeping the public fully informed about the status and progress of
studies and implications of project, plan, program or policy
formulation and evaluation activities, and actively soliciting from all
concerned citizens their opinions and perceptions of objectives and
needs and their preferences regarding resource use and alternative
development strategies and
• To collect any other information and assistance relative to the
decision.
 OBJECTIVES AND PURPOSE OF PUBLIC HEARING
• To provide a forum for the proponent to inform the entire community of the outcome of the
Environmental Assessment of proposed undertakings;

• To verify the accuracy of the EIA findings in relation to the situation on the ground;

• To confirm that all the affected parties and stakeholders have been adequately consulted
and have been part of the various decision making processes;

• To offer the affected and interested parties, as well as other stakeholders, the opportunity
to express their opinions on any issues considered outstanding; and

• To promote effective public participation and ensure confidence in the EIA process as
well as support for the proposed undertaking.

• Take account of the information and views of the public in the EIA and decision making

• KEY OBJECTIVES

– Obtain local and traditional knowledge that may be useful for decision making.

– Facilitate consideration of alternative, mitigation measures and tradeoffs.

REASONS FOR PUBLIC HEARINGS

• To inform the public

• Identify concerns about the proposal
• Present different viewpoints
• Pinpoint areas of conflict
• Foster trust and mutual respect
• Raise comfort level of decision – makers
 PUBLIC INVOLVEMENT IN THE MAIN EIA STAGES

Screening To consult people likely to be affected by proposal.

To ensure that significant issues are identified, project

Scoping related information is gathered, alternatives are
considered.
Impact analysis To avoid biases/inaccuracies in analysis; identify local
values/preferences; assist in consideration of
Mitigation and Impact mitigation measures; select best alternative.
management

EIA report

Reviser To consider and comment on EIA Report

Decision Making

Implementation and To monitor the implementation of EIA Report`s

Monitoring recommendations and decision`s conditions.
 Proposal
identification
EIA required Screening No EIA

Scoping Initial
environmental
Impact analysis examination

Mitigation and Impact

management Public involvement
Resubmit EIA report *Public involvement typically
occurs at these points.
Redesign Review It may also occur at any other
stage of the EIA process
Not approved Decision Making

Approved Information from this process

contributes to effective EIA in
Implementation and the future
Post – EIA Monitoring
NOTICE OF PUBLIC HEARING

• The State Pollution Control Board shall cause a notice for

environmental public hearing which shall be published in at least two
news papers widely circulated in the region about the project one of
which shall be in the vernacular language of the locality concerned
“State Pollution Control Board” shall mention the date, time and
place of public hearing, suggestions, views, comments, and
objections of the public shall be invited within thirty days from the
date of publication of the notification.

• All persons including bonafide residents, environmental groups and

others located at the projects site / sites of displacements / sites
likely to be affected can participate in the public hearing.
ORGANISATION OF A PUBLIC HEARING

• Prior to the holding of public hearing on any given project the

following activities are undertaken:

• the selection of site for the meeting;

• posting of notices;
• invitation of stakeholders;
• selection of panelists; and
• a reconnaissance trip to the project area of influence.

• The selection of the proposed site and date for the public hearing is
done in close consultation with the proponent, the local authority and
the affected communities. It is important to achieve a consensus on
the site.
 PROCEDURE FOR PUBLIC HEARING
For conducting a public hearing, any project proponents has to follow
procedure established by law which is prescribed in the Environment
Impact Assessment Notification issued under the provisions of the
Environment (Protection) Act, 1986 and rulings of the courts on the
same.

Procedure:

a) The project proponent has to submit to the concerned State Pollution

Control Board twenty sets of
• An Executive summery both in English and in local language
• Environment Impact Assessment Report

b) The notice of public hearing regarding any projects has to be published

by the State Pollution Control Board in at least two newspapers widely
circulated in the region around the project, one of which shall be in the
vernacular language of the locality concerned.
PROCEDURE FOR PUBLIC HEARING
c) State Pollution Control Board is responsible for mentioning the date, time
and place of public hearing.

d) Thirty days time shall be given from the date of publication of notice for
comments and objections of the public.

e) The persons who can participate in the public hearing are

• Bonafide residents at the project site
• Environmental groups
• Other person located at the project site

f) The Public hearing panel must be consist of:

• Representative of State Pollution Control Board;

• District Collector or his nominee;
• Representative of Department of the State Government dealing
with Environment;
• Not more than three representatives of the local bodies such as
Municipalities or panchayats;
• Not more than three senior citizens of the area nominated by the
District Collector
g) The concerned persons shall be provided access to the Executive
Summary and Environmental Impact Assessment report of the
project at the following places, namely:-

(i) District Collector Office;

(ii) District Industry Centre;
(iii) In the Office of the Chief Executive Officers of
Zila Praishad or Commissioner of the Municipal
Corporation/Local body as the case may be;
(iv) In the head office of the concerned State Pollution
Control Board and its concerned Regional Office;
(v) In the concerned Department of the State Government
dealing with the subject of environment.
 PROJECTS EXEMPTED FROM PUBLIC HEARING
• Public hearing is not required for the following projects:
– Small scale industrial undertakings located in a) Notified or designed
industrial areas/ industrial estates. b) Areas marked for industries
under the jurisdiction of industrial development authorities.
– Widening and strengthening of highways
– Mining projects (major minerals) with lease areas upto 25 hectares
– Units located in export processing zones and special economic zones
and Modernization of existing irrigation projects.

Note: Off sore exploration activities beyond 10 km from the nearest

inhabited village boundaries and ecologically sensitive areas,
such as mangroves ( minimum of 1000sq.m.), corals, coral reefs,
national parks, marine parks, sanctuaries, reserve forests
and breeding and spawning grounds of fish and other marine life
have been proposed by the MOEF to be exempted from the public
hearing ).
 POINTS TO EXAMINE THAT ANY PUBLIC HEARING IS
PROPER OR NOT:
• First and foremost thing is whether the notice of the public haring has
been given properly or not. The information of the public hearing and
availability of the related documents to the villagers of the affected
area is prime and foremost requirement of conducting the public
hearing.

• Whether the notice of hearing is published in news paper widely

circulated in the area.

• It has been held by the Gujarat High Court that even publication in
news paper of the notice will not suffice the basic purpose for which
the public hearing has been contemplated.
• The Gujarat High Court has held in Case of Center for Social Justice
Vs. Union of India and others reported in AIR 2001 Guj 71 that in
addition to publication the people of the project affected village should
be notified about the publichearing by informing them through
concerned Gram Panchayat as the members of the Gram Panchayat
would bring it to the notice of local people as normally rural population
in India is illiterate and does not read news paper. Thus only
publishing the notice in news paper was not sufficient to cause notice
to the effect people.
POINTS TO EXAMINE THAT ANY PUBLIC HEARING IS
PROPER OR NOT:

• Access to the Executive Summary and

Environmental Impact Assessment report of the
project to the people is important. If the
concerned persons has no knowledge of the
report then it is not possible for them to
effectively place their submission at the public
hearing.

• Whether the place fixed for the public hearing is

easily accessible for the villagers and the
affected persons.
BENEFITS AND HINDRANCES TO EFFECTIVE PUBLIC
HEARING
• While it is a statutory requirement within the EIA review process, public
hearings have been beneficial in terms of:

• providing an avenue for public information and interaction between the

proponent and all interested groups;

• allowing people to articulate their views about a given project and make
inputs which eventually enhance the quality of the project environmental
assessment;

• leading to social acceptability of projects and promotion of harmonious

relationship between the proponent and affected communities;

• creating confidence in the newly established Ghana EIA (this is evident

by the level of participation in these hearings);

• unearthing issues that may be hidden from the reviewing authority; and

• resolving conflicts during public meetings since every party is given the
opportunity to express concerns before an independent panel.
In spite of these benefits the effectiveness of public hearings have been
hampered by

• The inability of the affected communities to easily

understand project proposals due to the low levels of
literacy. It would have been more beneficial if the locals
could have a thorough understanding of the EIS to
facilitate effective discussions. Lack of understanding
has usually led to hostilities during public hearings.

• The absence of EIA capacity at the District Assembly

Level to undertake their own EIS review and to guide
their communities to make inputs into EIA Studies.

• The absence of organized NGOs to assist communities

in understanding the issues and in making meaningful
comments about a given project.
 Public Hearing on
M/s. Corporation of Chennai - Integrated
Municipal Solid Waste Processing Facility
at Perungudi Landfill site – Survey
N.657/1B1,
Pallikaranai Village, Tambaram Taluk,
Kancheepuram District.

Venue
Raja Kalyana Mandapam Old No. 13, New
No. 205, Velacherry Main Road,
Velacherry, Chennai-600042
Date: 23rd March 2010