2. 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
3. It’s 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).
4. 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.
5. 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.
6. 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.
7. 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.
8.
9.
10. The ministry has also
set up six regional
offices for Post Project
Monitoring of
Environment to
monitor and interact
with authorities of
different regions.
11.
12. Project IAA Environment Reviewer Public Admini
proponent Consultant strativ
e Body
Screening Decides the Guides the Determines if
type of project proponent in the the initial
and also about initial screening project
requirement of stage. description
Environmental submitted is
Clearance adequate.
Scoping Provide TOR Guidance is Establish if an EIA
provided to study is required
the and if so, finalize
proponent, the scope of the
if needed study.
EIA Prepares Examines if Has to go After the
Report detailed project procedures through the EIA completion
report and have been Report very of EIA
provide followed as carefully. report, the
information in per MoEF law requires
logical and notifications that the
transparent , assesses public must
manner the report. be informed
and
consulted.
13. Baseline Adhere to the Should be Responsible for
Conditions attributes, conversant with assessing the
recommended the existing legal compatibility of the
by the BIS, and procedural proposed development
CPCB, and MoEF. requirements for with prescribed
the project. standards.
Public Approach the SPCB forward SPCB's hold the public
Hearing SPCB for holding the details of hearing as per the
the public Public hearing provisions of EIA
hearing. Obliged to IAA. Notification and forward
to respond to the details to IAA.
issues raised
during the
hearing
Decision IAA assists Justify the Makes decision along
Making administrative findings in the with IAA
authority in the EIA during
decision meetings with
making process the expert group.
Monitoring Should be done Plays a role in Should monitor the
clearance in the the monitoring implementation of
conditions construction and process by conditions
operation phase. examining
reports and
taking further
action
14. SUMMARY OF EIA PROCESS Who does
AND ROUGH TIMELINES it?
Submission of application (Form 1, prelim reports)
Investor
Stage 1: Screening; Decide project A, B1 or B2
Expert
60
Committee
days Stage 2: Scoping; Come up with Terms of Reference (TOR)
Prepare preliminary EIA report
Investor
State Pollution Control
45 days Stage 3: Public consultation (2 components)
Board
Update EIA report (Investor)
60 days Stage 4: Appraisal
Expert Committee
15 days
30 days Final Decision Regulatory Authority
15. 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
16. LOOPHOLES AND
DEFICIENCIES (Cont….)
• Stage 3 – Public consultation
Unclear wording and definitions
Can be avoided if regulatory agency feels it difficult to conduct it
owing to local situation
Local affected persons having plausible stake in impact of project
Public consultation shall ordinarily have two components
Other concerned persons having plausible stake shall submit
responses only in writing
Hearing shall be conducted at the site or in its close proximity
No quorum required for holding public consultation
Huge list of exemptions for certain types of projects that cause deep
environmental impact without justification
Weak wording that widens the scope of these exemptions
Tight timeline: 45 days from the time requested by the investor
17. LOOPHOLES AND
DEFICIENCIES (Cont….)
Limiting access to information
Only summary EIA report made available, not the full EIA with
all TOR from the scoping process
Confidential information need not be disclosed in summary EIA
Publicity
Use of internet as the main means
No definition on how publicity should be carried out
Erosion of constitution of panel conducting public hearing
EIA 2006 mentions only District Magistrate and a representative
of SPCB
EIA 1994 had District Collector, representatives of state dealing
with the project, reps from Panchayats, senior citizens from the
area, reps of SPCB
18. LOOPHOLES AND
DEFICIENCIES (Cont….)
Appraisal
No public participation
Arguments between regulatory authority and expert
committee made known only to investor and not to public
Iron hand given to regulatory authority to make final decision
– Expert committee opinion can be disregarded
Deemed Clearance: Incase decision is not given within the
prescribed timelines, applicant may proceed as though
clearance has been granted or denied
19.
20. Project Proponent:
Environment Consultant
State Pollution Control
Board/Pollution Control Committee
Public Law
Impact Assessment Agency
21.
22. Projects where EIA is mandatory and requires clearance
from Central government.
As of now, EIA clearance is required for 30 categories of
industries from the central government which can be
broadly categorized under sectors of-
Industries,
Mining,
Thermal power plants,
River valley, ports, harbors and airports,
Communication,
Atomic energy,
Transport (rail, road, highway),
Tourism (including hotels, beach resorts)
23. Projects where EIA is mandatory and requires clearance
from State Governments.
Projects coming under this category are thermal power
plants namely;
All capacity cogeneration plants,
Captive coal and gas/naphtha based power plants up to
250 MW,
Coal based power plants up to 250 MW using
conventional technologies,
Coal based plants up to 500 MW using fluidized bed
technology
Gas/naphtha based plants up to 500 MW require
environmental clearance from the state government.
24. For these projects EIA is not necessary:
Some of the projects that come under this category include-
defense related road construction projects in border areas,
production of bulk drugs based on genetically engineered
organisms
Construction activities related to the projects of Department of
Atomic Energy
Laying of pipelines, conveying systems including transmission
lines;
Exploration and extraction of oil and natural gas is also
permitted between Low Tide Line and High Tide Line in
areas, which are not ecologically sensitive,
Pipeline projects;
Facilities for receipt and storage of Liquefied Natural Gas and
facilities for its re-gasification.
25. Religious and historic places
Archaeological monuments/sites
Scenic areas
Hill resorts/mountains/ hills
Beach resorts
Health resorts
Coastal areas rich in corals, mangroves, breeding grounds of specific species
Estuaries rich in mangroves, breeding ground of specific species
Gulf areas
Biosphere reserves
National park and wildlife sanctuaries
Natural lakes, swamps, Seismic zones tribal Settlements
Areas of scientific and geological interests
Defense installations, specially those of security importance and sensitive to pollution
Border areas (international)
Tiger reserves/elephant reserve/turtle nestling grounds
Habitat for migratory birds
Lakes, reservoirs, dams
Streams/rivers/estuary/seas
Railway lines
Urban agglomeration
26.
27. In this presentation we had discussed about-
1. Introduction and matters covered in EIA
2. Administrative arrangement and Expert Committees
3. EIA Procedure
4. Role of different actors in EIA
5. Projects subjected to EIA (Category I, II and III)
Some improvement is needed in this controversial issue in India
because of little participatory democracy in the formulation and
implementation of environmental legislation.
Another major improvement required is in the area of PAP involvement.
The literature reveals that the EIA Notification contains many of the key
elements found in most processes throughout the world including
1. Screening,
2. Scoping, 5. Review,
3. Comprehensive study, 6. Decision and
4. Progress reports, 7. Follow-up.
28. • Environment Impact Notification 2006; Gazette of India, 14th
September, 2006
• Green Tapism; Environment Support Group; 2007
• Kohli, Kanchi and Menon, Manju (2002) 'Environmental Impacts-
Biased Assessments', The Survey of the Environment, The
Hindu
• Mazumdar, Madhusree (2000) 'Environmental Impact
Assessment in India', Journal of Social and Economic
Development, Vol III, No 1, Jan-June
• www.environmental-center.com
• http://www.ceaa.gc.ca
• http://www.enrin.gov.au/net/eianet.html