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Introduction

Legal Provision for Public Participation


Administrative Arrangement of EIA
The EIA Procedure
Loopholes & Deficiency
Role of different actors in EIA
Projects subjected to EIA
EIA in India
Conclusion
References


Its a tool that seeks to ensure sustainable
development through the evaluation of those
impacts arising from a major activity (policy, plan,
program, or project) that are likely to have
significant environmental effects.

It is anticipatory, participatory, and systematic in
nature and relies on multidisciplinary input
(Glasson et al. 1994).

EIA was made mandatory in 1994 under the
environmental protection Act of 1986 with the
following four objectives:
Predict environmental impact of projects;
Find ways and means to reduce adverse
impacts;
Shape the projects to suit local environment;
Present the predictions and options to the
decision-makers.

Description of the proposed activities;
Description of the base environmental and climatic conditions
Analysis of the
land use and land use change,
waste generation
water consumption
power consumption along with the
Social and health impacts
An assessment of air pollution and noise generation.
A risk assessment report and disaster management plan to mitigate
adverse environmental impacts of proposed activity;
An indication of the likely area to be affected by the proposed activity or
its alternatives;
A detailed environmental feasibility report of all the information provided.

A major amendment to EIA Notification was made
in April 1997 for introduction of Public Hearing as
a part of assessment procedure for ensuring
participation of local people and stakeholders in
various proposed development activities.

Recent Amendment in the Public hearing
notifications is that hearings are now mandatory
for all projects to which the EIA notification
applies.

The Impact Assessment
Agency has the overall
responsibility to administer,
and enforce the provisions
related to EIA. The IAA
would be the Union
Ministry of Environment
and Forests. To deal with
projects of different
sectors, three impact
assessment divisions were
constituted.


Impact Assessment Division-III
(IA-III)
Impact Assessment Division-II
(IA-II)
Impact Assessment Division-I
(IA-I)



Impact Assessment Division-III (IA-III)
Ports & Harbour
Projects
Tourism Projects
Human Settlement
Projects
Communication
Projects
Impact Assessment Division-II (IA-II)
Industrial Projects Thermal Power Projects Mining Projects
Impact Assessment Division-I (IA-I)
River Valley Projects Major Irrigation Projects Hydel Power Projects

Eco-system Management
Air/Water Pollution Control
Water Resources Management
Flora/Fauna Conservation &
Management
Land Use Planning
Social Sciences/Rehabilitation


Project Appraisal
Ecology
Environmental Health
Subject Areas Specialists
Representatives of NGO
Persons Concerned with
environmental issues

The ministry has also
set up six regional
offices for Post Project
Monitoring of
Environment to
monitor and interact
with authorities of
different regions.



Project
proponent
IAA Environment
Consultant
Reviewer Public Admini
strativ
e Body
Screening Decides the
type of project
and also about
requirement of
Environmental
Clearance
Guides the
proponent in the
initial screening
stage.
Determines if
the initial
project
description
submitted is
adequate.
Scoping Provide TOR Guidance is
provided to
the
proponent,
if needed
Establish if an EIA
study is required
and if so, finalize
the scope of the
study.
EIA
Report
Prepares
detailed project
report and
provide
information in
logical and
transparent
manner
Examines if
procedures
have been
followed as
per MoEF
notifications
, assesses
the report.
Has to go
through the EIA
Report very
carefully.
After the
completion
of EIA
report, the
law requires
that the
public must
be informed
and
consulted.




Baseline
Conditions
Adhere to the
attributes,
recommended
by the BIS,
CPCB, and MoEF.
Should be
conversant with
the existing legal
and procedural
requirements for
the project.
Responsible for
assessing the
compatibility of the
proposed development
with prescribed
standards.
Public
Hearing
Approach the
SPCB for holding
the public
hearing. Obliged
to respond to
issues raised
during the
hearing
SPCB forward
the details of
Public hearing
to IAA.
SPCB's hold the public
hearing as per the
provisions of EIA
Notification and forward
the details to IAA.
Decision
Making
IAA assists
administrative
authority in the
decision
making process
Justify the
findings in the
EIA during
meetings with
the expert group.
Makes decision along
with IAA
Monitoring
clearance
conditions
Should be done
in the
construction and
operation phase.
Plays a role in
the monitoring
process by
examining
reports and
taking further
action
Should monitor the
implementation of
conditions
SUMMARY OF EIA PROCESS
AND ROUGH TIMELINES
Submission of application (Form 1, prelim reports)
Stage 1: Screening; Decide project A, B1 or B2
Stage 2: Scoping; Come up with Terms of Reference (TOR)
Prepare preliminary EIA report
Stage 3: Public consultation (2 components)
Stage 4: Appraisal
Final Decision
60
days
45 days
60
days
15 days
30 days
Investor
Expert
Committee
Investor
State Pollution Control
Board
Expert Committee
Regulatory Authority
Who does
it?
Update EIA report (Investor)
LOOPHOLES AND
DEFICIENCIES
Stage 1 - Screening
Based on info (form 1, 1A) supplied by investor
Pre-feasibility report and conceptual plan - no
guidelines or requirements, thereby no need to
address environmental issues

Stage 2 - Scoping
No public participation in scoping process - local knowledge
about what environmental concerns should be investigated is
not given consideration
Strict timeline not a continuous process
Biased in securing favorable Terms of Reference for
investors
Access to TOR limited

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