Professional Documents
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CONCEPTS
NEPA 1970
SEMINAL LEGISLATION
Magna carta for the environment in United States.
Project planning and decision making should include 3 Es.n
Three significant terms
1. Environmental inventory
2. Environmental impact assessment
3. Environmental impact statement.
DEFINITION( EIA)
Activity designed to identify and predict the impact of a
project on bio geo physicochemical environment and on
human health so as to recommend appropriate legislative
measures, programs, and operational procedures to
minimize the impact.
Exercise to be carried out before any project or major
activity is undertaken to ensure that it will not in any away
harm the environment on a short-term or long-term basis.
EIA in INDIA
EIA in India was started in 1976-77
when the Planning Commission asked the then
Department of Science and Technology to examine the
river-valley projects from the environmental angle.
subsequently extended to cover those projects, which
required approval of the Public Investment Board.
These were administrative decisions, and lacked the
legislative support.
PURPOSE OF EIA
Provide information for decision-making on the
environmental consequences of proposed actions; and
Promote environmentally sound and sustainable
development through the identification of appropriate
enhancement and mitigation measures.
SALIENT FEATURES
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 be 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
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Objectives of EIA
Immediate objectives of EIA are to:
Improve the environmental design of the proposal;
Ensure that resources are used appropriately and efficiently;
Identify appropriate measures for mitigating the potential
impacts of the proposal; and
Facilitate informed decision making, including setting the
environmental terms and conditions for implementing the
proposal.
Purposive
EIA should meet its aims of informing decision making and ensuring an appropriate level of
environmental protection and human health.
Focused
EIA should concentrate on significant environmental effects, taking into account the issues
that matter.
Adaptive
EIA should be adjusted to the realities, issues and circumstances of the proposals under
review.
Participati EIA should provide appropriate opportunities to inform and involve the interested and affected
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publics, and their inputs and concerns should be addressed explicitly.
Transpare EIA should be a clear, easily understood and open process, with early notification procedure,
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access to documentation, and a public record of decisions taken and reasons for them.
Rigorous
EIA should apply the best practicable methodologies to address the impacts and issues
being investigated.
Practical
EIA should identify measures for impact mitigation that work and can be implemented.
Credible
EIA should be carried out with professionalism, rigor, fairness, objectivity, impartiality and
balance.
Limitations of EIA
Environmental considerations may be set aside in favor of what
are felt to be more important considerations.
Predicted adverse effects on the environment might lead to
strict conditions being imposed to avoid these effects or remedy
any adverse effects, or perhaps lead to the complete
abandonment of a proposal.
EIA cannot be regarded as a means of introducing an
environmental veto power into administrative decision-making
processes.
Decisions that are unsatisfactory from an environmental point of
view can still be made, but with full knowledge of the
environmental consequences.
Outcome of the EIA process provides advice to the decisionmakers and it does not provide a final decision.
The EIA procedures cannot be expected to stop a proposal,
although this is an outcome that some members of the general
community and environment groups may expect.
COST
Difficult to determine the cost of EIA.
Major projects typically require a large number of investigations and
reports.
The world bank notes that the cost of preparing an EIA rarely
exceeds one per cent of the project costs and this percentage can be
reduced further if local personnel are used to do most of the work.
The total cost of an EIA might range from a few thousand dollars for
a very small project, to over a million dollars for a large and complex
project, which has a significant environmental impact and requires
extensive data collection and analysis.
TIMEFRAME
Although many proponents complain that EIA causes
excessive delays in projects, many of these are caused by
poor administration of the process rather than by the process
itself. These occur when:
The EIA is commenced too late in the project cycle;
The terms of reference are poorly drafted;.
The EIA is not managed to a schedule;
The technical and consultative components of EIA are
inadequate; and
The EIA report is incomplete or deficient as a basis for
decision making.
Scales of investment;
Type of development; and,
Location of development.
A common approach (e. g. the World Bank uses a similar version of this
approach) is to classify projects into different types of impact category, such
as:
Category 1 - projects not expected to result in any significant adverse
impacts and which do not require additional environmental study.
Category 2 - projects which are likely to cause a limited number of
significant adverse impacts unless appropriate mitigation action is taken.
These impacts and the means of mitigating them are reasonably well
understood and it is expected that such projects will require only limited
environmental study and the preparation of an appropriate mitigation plan.
Category 3 - projects likely to cause a range of significant adverse impacts,
the extent and magnitude of which cannot be determined without a detailed
study
EIA Procedure
Divided into two complementary tasks or subreports
(i) The Initial Environmental Examination (lEE)
(ii) the Full-Scale Environmental Impact
Assessment (EIA).
Initial Environmental
Examination (lEE)
Reviewing the environmental integrity of projects.
Can be used for project screening to determine which
projects require a full-scale EIA.
Can be carried out within a limited budget.
Full-scale EIA is not required, then, any environmental
management parameters. such as, environmental
protection measures or a monitoring programme can
be adapted to complete the EIA for such a project.
Objectives of scoping:
Inform the public about the proposal;
Identify the main stakeholders and their concerns and values;
Define the reasonable and practical alternatives to the proposal;
Focus the important issues and significant impacts to be
addressed by an EIA;
Define the boundaries for an EIA in time, space and subject
matter;
Set requirements for the collection of baseline and other
information; and
Terms of reference
Scoping is completed when the detailed studies required in the EIA have been specified and
involves preparing Terms of Reference (ToR) or an equivalent document.
Preparation of the ToR is the responsibility of the proponent, or in some cases the responsible
authority.
This document sets out what the EIA is to cover, the type of information to be submitted and
the depth of analysis that is required.
It provides guidance to the proponent on how the study should be conducted and managed.
As far as possible, a ToR should be a consensus document, reflecting an agreement among the
main stakeholders, including the public, on the matters to be assessed. If this is not possible,
the next best outcome will be a ToR that is based on a systematic and transparent scoping
process.
The ToR should not be considered a fixed or rigid document.
ToR includes
The proposal and its practicable and reasonable alternatives
(including the
No action option);
The significant issues and impacts to be investigated;
The type of information to be collected and/or studies to be
carried out
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Baseline data
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IMPACT PREDICTION
Impact prediction is a way of mapping the environmental consequences of
the significant aspects of the project and its alternatives.
Environmental impact can never be predicted with absolute certainty and this
is all the more reason to consider all possible factors and take all possible
precautions for reducing the degree of uncertainty.
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Public Hearing
Law requires that the public must be informed and consulted on a
proposed development after the completion of EIA report. Any one
likely to be affected by the proposed project is entitled to have access
to the Executive Summary of the EIA. The affected persons may
include:
bonafide local residents;
local associations;
environmental groups: active in the area
any other person located at the project site / sites of displacement
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Decision making
Decision making process involves consultation between the
project proponent (assisted by a consultant) and the impact
assessment authority (assisted by an expert group, if
necessary).
The decision on environmental clearance is arrived at through a
number of steps including evaluation of EIA and EMP.
Auditing
This follows monitoring and involves comparing actual
outcomes with predicted outcomes, and can be used to
assess the quality of predictions and the effectiveness
of mitigation. It provides a vital step in the EIA learning
process.
Strategic environment
assessment(SEA)
Strategic Environment Assessment (SEA) refers
to systematic analysis of the environmental
effects of development policies, plans,
programmes and other proposed strategic
actions.
extends the aims and principles of EIA upstream
in the decision-making process, beyond the
project level and when major alternatives are
still open.