2. Introduction
The EIA is a process of evaluating the likely environmental
impacts of a proposed project or development.
The UNEP defines Environmental Impact Assessment (EIA)
as a tool used to identify the environmental, social and
economic impacts of a project prior to decision-making.
It aims to predict environmental impacts at an early stage in
project planning and design, find ways and means to reduce
adverse impacts, shape projects to suit the local environment
and present the predictions and options to decision-makers.
The main job of environmental law is to protect human
health as well as the environment. It is all about making
balance. The role of the environment is to ensure that the
practices used in the environment do not cause harm to the
environment, human or animal health.
3. EIAHistory
EIA was introduced in India in 1978, with respect to river
valley projects.
Later the EIA legislation was enhanced to include other
developmental sections.
EIA comes under Notification on Environmental Impact
Assessment (EIA) of developmental projects 1994 under the
provisions of Environment (Protection) Act, 1986.
Besides EIA, the Government of India under Environment
(Protection) Act 1986 issued a number of other notifications,
which are related to environmental impact assessment.
4. 2006
Amendment to
theEIA
Notification
Decentralisation of Project Clearances: It classified the
developmental projects in two categories:
Category A (national level appraisal): projects are
appraised by Impact Assessment Agency (IAA) and the
Expert Appraisal Committee (EAC)
Category B (state level appraisal): State Level
Environment Impact Assessment Authority (SEIAA) and
State Level Expert Appraisal Committee (SEAC) provide
clearance to the Category B projects.
Introduction of Different Stages: The Amendment
introduced four stages into EIA Cycle; Screening,
Scoping, Public hearing and Appraisal.
Projects with Mandatory Clearance: Projects such as
mining, thermal power plants, river valley,
infrastructure (road, highway, ports, harbours and
airports) and industries including very small
electroplating or foundry units are mandated to get
environment clearance.
5. DraftEIA
Notification
2020
Reduced Time for Public Hearings: One of the major
steps of the EIA Mechanism is the public participation.
The 2020 draft proposes to reduce the notice period for
public hearings from 30 days to 20 days.
Exemption of Projects: Furthermore, by classifying a
number of projects into A, B1 and B2, a host of projects
are exempted from public scrutiny.
Category B2 projects do not require mandatory
Environment Clearance (EC), unlike the Category A
and B1 projects.
Exempted Projects: The projects under this exempted
category include Offshore and onshore oil, gas and
shale exploration.
6. EIADRAFT2020
Post-clearance compliance: It implies that once a project gets
approved by the concerned authority, the proponent projects are
required to adhere to certain rules laid down in the EIA report in
order to ensure that no further environmental damages take
place.
The new EIA proposes the submission of compliance reports
annually whereas as per the 2006 notification, the compliance
report was to be submitted every six months.
The EIA Notification 2020 excludes reporting of violations and
non-compliance by the public. Instead, the government will take
cognisance of reports only from the violator-promoter, government
authority, Appraisal Committee or Regulatory Authority.
Granting ‘post-facto clearance’ where a project that has been
operating without environmental clearance, can be regularised or
allowed to apply for clearance
Firms found violating the terms of their establishment, if they
have to get the clearance, however, will have to pay a penalty
7. Historyof
environmental
lawsinIndia:
The detailed and developed framework for
environmental protection came after the UN
conference on Human Environment in Stockholm, in
1972
This led to the formation of the National Council for
Environmental Policy and Planning in 1972 within the
science and technology department
This was set up to establish a regulatory body for the
overview of the environmental-related issues and
concerns
This council was later converted to the Ministry of
Environment Forests & Climate Change (MOEF&CC)
The government of India has made numerous acts to
protect the environment and biodiversity.
8. TheWildlife
(Protection)Act,
1972
The Act provides for the protection of wild animals, birds, and
plants; and for matters connected therewith or ancillary or
incidental thereto. It extends to the whole of India.
It has six schedules that give varying degrees of protection:
Schedule I and part II of Schedule provide absolute protection,
offences under these are prescribed the highest penalties.
Species listed in Schedule III and Schedule IV are also protected,
but the penalties are much lower.
Animals under Schedule V, e.g. Common crows, fruit bats, rats, and
mice, are legally considered vermin and may be hunted freely.
The specified endemic plants in Schedule VI are prohibited from
cultivation and planting.
Statutory bodies under WPA:
National Board for Wildlife and state wildlife advisory boards
Central Zoo Authority
Wildlife Crime Control Bureau
National Tiger Conservation Authority
9. TheWater
(Prevention and
Control of
Pollution) Act,
1974
Objective: To provide prevention and control of water
pollution. Maintaining or restoring of wholesomeness and
purity of water in the various sources of water.
It vests regulatory authority in Centre Pollution Control
Boards (CPCB) and State Pollution Control Board (SPCB).
CPCB and SPSB are statutory bodies created under the
Water Act, 1974. It empowers CPCB and SPCB to
establish and enforce effluent standards for factories
discharging pollutants into water bodies.
CPCB performs these same functions for union territories
along with formulating policies related to the prevention
of water pollution and coordinating activities of different
SPSBs.
SPCB controls sewage and industrial effluent discharge by
approving, rejecting, and granting consent to discharge.
10. TheAir
(prevention and
control of
pollution) act,
1981
The act targets to control and prevent air pollution in
India and its main objectives are:
To provide for prevention, control, and abatement of air
pollution.
1. To provide for the establishment of the boards at the
central and state levels to implement the act.
2. CPCB and SPCB were given the responsibility.
It states that the sources of air pollution such as
internal combustion engines, industry, vehicles, power
plants, etc., are not permitted to release particulate
matter, lead, carbon monoxide, sulfur dioxide, nitrogen
oxide, volatile organic compounds (VOCs), or other
toxic substances beyond the predetermined limit.
It empowers the state government to designate air
pollution areas.
11. TheEnvironment
(Protection) Act,
1986
This act was passed under article 253 (legislation for
giving effect to international agreements)
This was passed in the wake of the Bhopal gas tragedy
in December 1984.
It was enacted to achieve the UN conference on the
human environment, 1972- Stockholm declaration.
Eco-sensitive zones or ecologically fragile areas are
notified by MoEF&CC under EPA, 1986 – 10 km buffer
zones around protected areas.
Statutory bodies under the EPA, 1986:
1. Genetic Engineering Appraisal Committee
2. National Coastal Zone Management Authority (later
converted to National Ganga Council under Ministry of
Jal Sakthi)
12. Theenergy
conservation
act,2001
It was enacted as a step towards improving energy
efficiency and reducing wastage. It specifies the energy
consumption standards for equipment and appliances.
It prescribes energy consumptions norms and
standards for consumers. It prescribes energy
conservation building codes for commercial buildings.
Bureau of energy efficiency (BEE) is a statutory body
established under the act.
13. Biological
diversityact
2002
It was implemented to give effect to CBD, Nagoya
Protocol.
To check biopiracy, protect biological diversity, and
local growers through a three-tier structure of central
and state boards and local committees.
To set up National Biodiversity Authority (NBA), State
Biodiversity Boards (SBBS), and Biodiversity
Management Committees (BMCS).
14. TheNational
GreenTribunal
Act,2010
It was established in concurrence to Rio Summit 1992
to provide judicial and administrative remedies for the
victims of the pollutants and other environmental
damage.
It also agrees with article 21, the Right to a healthy
environment to its citizens of the constitution.
The NGT has to dispose of the cases presented to it
within 6 months of their appeals.
NGT has original jurisdiction on matters related to
substantial questions of the environment.
15. NGT
NGT deals with the civil cases under the 7 acts related to
the environment:
Water (Prevention And Control Of Pollution) Act, 1974
Water (Prevention And Control Of Pollution) Cess Act, 1974
Air (Prevention And Control Of Pollution) Act, 1977
Forest Conservation Act, 1980
Environmental Protection Act, 1986
Public Liability Insurance Act 1991
Biological Diversity Act, 2002
2 acts have been kept out of the jurisdiction of NGT:
1. Wildlife Protection Act, 1972
2. Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 (FRA)
The decisions of the NGT can be challenged in High
Courts and the Supreme Court.
16. Compensatory
Afforestation
FundAct,2016
The CAF Act was enacted to manage the funds collected
for compensatory afforestation which till then was
managed by ad hoc Compensatory Afforestation Fund
Management and Planning Authority (CAMPA).
Compensatory afforestation means that every time forest
land is diverted for non-forest purposes such as mining or
industry, the user agency pays for planting forests over an
equal area of non-forest land, or when such land is not
available, twice the area of degraded forest land.
As per the rules, 90% of the CAF money is to be given to
the states while 10% is to be retained by the Centre.
The funds can be used for the treatment of catchment
areas, assisted natural generation, forest management,
wildlife protection and management, relocation of villages
from protected areas, managing human-wildlife conflicts,
training and awareness generation, supply of wood saving
devices, and allied activities.
17. ScheduledTribesand
OtherTraditionalForest
Dwellers(Recognitionof
ForestRights)Act,2006
(FRA)
The act recognizes and vests the forest rights and
occupation in forest land in Forest Dwelling Scheduled
Tribes (FDST) and Other Traditional Forest Dwellers
(OTFD)who have been residing in such forests for
generations. This act comes under the aegis of the
Ministry of Tribal Affairs.
The act also establishes the responsibilities and authority
for sustainable use, conservation of biodiversity, and
maintenance of the ecological balance of FDST and OTFD.
It strengthens the conservation regime of the forests while
ensuring the livelihood and food security of the FDST and
OTFD.
It seeks to rectify colonial injustice to the FDST and
OTFD who are integral to the very survival and
sustainability of the forest ecosystem.
18. ScheduledTribesand
OtherTraditionalForest
Dwellers(Recognitionof
ForestRights)Act,2006
(FRA)
The act identifies four types of rights:
1. Title rights
It gives FDST and OTFD the right to ownership of land farmed by
tribals or forest dwellers subject to a maximum of 4 hectares.
Ownership is only for land that is being cultivated by the concerned
family and no new lands will be granted.
2. Use rights
The rights of the dwellers extend to extracting Minor Forest Produce,
grazing areas, pastoralist routes, etc.
3. Relief and development rights
To rehabilitation in case of illegal eviction or forced displacement
and basic amenities, subject to restrictions for forest protection
4. Forest management rights
It includes the right to protect, regenerate or conserve or manage
any community forest resource which they have been traditionally
protecting and conserving for sustainable use.
19. Theozone-depleting
substances(regulation
andcontrol)rules,2000
It set deadlines for phasing out of various Ozone Depleting
Substances (ODSs) and regulating production, trade import, and
export of the product containing ODS.
These rules prohibit the use of CFCs, halogens, ODSs such as carbon
tetrachloride and methyl chloroform, and SFC except in metered-dose
inhalers and for other medical purposes.
20. Coastal
Regulation zone
notification 2018
It was notified based on the recommendations of the
Shailesh Nayak Committee.
To promote sustainable development while taking into
account the natural hazards such as increasing sea levels
due to global warming.
To conserve and protect biodiversity besides livelihood
security to local communities including the fishermen.
CRZs have been classified into 4 zones for regulation:
1. CRZ I– ecologically sensitive areas such as mangroves,
coral reefs, salt marshes, turtle nesting ground, and the
inter-tidal zone.
2. CRZ II– areas close to the shoreline, and which have been
developed.
3. CRZ III- Coastal areas that are not substantially built up,
including rural coastal areas.
4. CRZ IV- water area from Low Tide Line (LTL) to the limit of
territorial waters of India.
23. CaseStudy- 1
• The aim of this paper is to explore regional variation in the
implementation of Environmental Impact Assessment follow-up
in India and to identify causes of such variations.
• In doing so, forty-three semi-structured interviews were carried
out across the Indian mining and environment sector.
• The findings from the interviews confirm that regional variation
in follow-up implementation is a result of social, environmental,
economical and political factors.
• To further explore these factors, three case studies of open cast
coal mining were conducted.
• The findings of the case studies offer insight as to how the
factors identified during the interviews influence follow-up
outcomes.
• Furthermore, it reflects how the nature of such variation is not
always true to what is perceived about them.
• Subsequently, the findings from the interviews and case studies
help in contributing to the existing best practice of EIA follow-up
and developing recommendations for achieving better follow-up
outcomes in India.
24. CaseStudy- 2
Environmental Impact Assessment
(EIA): Case Study of a Hydropower
Project*
*Concise note by Chandrani Dutta, Asutosh College,
India
Source - EIA of Hydropower Project : An Analysis
Authors- Rajib Ganguly1 et al., 1Dept. of Civil
Engineering, Jaypee University of Information
Technology, Himachal Pradesh, India Published in-
International Journal of Scientific Engineering &
Technology (IJSET)
25. CaseStudy-2
Hydropower is a well established technology that uses water
without depleting it.
It is the most reliable renewable energy & emits negligible
greenhouse gases.
Yet, there is occasionally debate on the negative social &
environmental impacts caused by some hydropower projects.
EIA certainly has a crucial role to play in addressing
environmental issues surrounding project development
especially power projects.
The integration of environment into development planning is
the most important tool in achieving sustainable development
for such hydropower projects.
The proposed mitigation measures can be followed to make the
hydropower project more environmental friendly.
26. Conclusion
Environmental laws are an important part of any
governance body. It comprises a set of laws and
regulations concerning air quality, water quality, and
other aspects of the environment.
EIAs make sure that project decision makers think
about the likely effects on the environment at the
earliest possible time and aim to avoid, reduce or offset
those effects. This ensures that proposals are
understood properly before decisions are made
