In India, 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.
Till 1994, EIA clearance was the administrative
requirement for big projects undertaken by the Government or public sector
undertakings. The Notification mandates a public hearing and environment
itself), with further review by a committee of experts in certain cases.
According to Schedule II of the notification, the EIA is expected to cover
at least the following matters:
- Description of the proposed
activities;
- Description of the base environmental and climatic conditions and
potential affected environment including specific information necessary to
identify and assess the environmental effect of the proposed
activities
- Analysis of the land use and land use change, waste
generation, water consumption (and the existing balance), power
consumption etc. along with the social and health impacts (in terms of
number of people displayed etc)
- Description of the practical
activities as appropriate
- An assessment of the likely or
potential environmental impacts of the proposed activity (like air
pollution, noise generation) and the alternatives, including the direct or
indirect, cumulative, short-term and long-term effects;
- A risk
assessment report and disaster management plan to mitigate adverse
environmental impacts of proposed activity and assessment of those
measures;
- 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.
The EIA report - which is expected to include proposed measures to be
undertaken by a proponent to mitigate or ameliorate the negative
environment effects - shall be submitted to the agency for approval. If
approved, an environmental agency statement and certificate of approval
shall be issued by the agency. In a move, the MoEF also took a step in
decentralizing the responsibilities of conducting EIA (notification date
10th April 1997, No. S.O. 319 E). Under the EIA, clearance for certain
category of thermal plants lies with the state governments. The Ministry
further amended the Notification in December 2000 for exempting defense
related road construction projects in border areas from the purview of EIA
Notification. The EIA Notification was further amended in November 2001
and production of bulk drugs based on genetically engineered organisms has
been exempted from the purview of EIA Notification since this activity
attracts the provisions of Hazardous and/or Genetically Modified Micro
Organisms Rules, 1989. Coastal Regulation Zone (CRZ) Notification has also
been amended in April, 2001 permitting certain activities in CRZ-I areas
such as (a) construction activities related to the projects of Department
of Atomic Energy (b) laying of pipelines, conveying systems including
transmission lines and (c) facilities that are essential for activities
permissible under CRZ-I. Under this amended notification, exploration and
extraction of oil and natural gas is also permitted between Low Tide Line
(LTL) and High Tide Line (HTL) in areas, which are not ecologically
sensitive. Facilities for receipt and storage of Liquefied Natural Gas
(LNG) and facilities for its re-gasification can also be permitted in CRZ
areas not classified as CRZ-I (i) subject to implementation of certain
safety regulations. A recent amendment to the EIA requirements that was
notified on 13 June 2002 exempts pipeline projects from preparation of EIA
reports.
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Legal Provision for Public Participation in India
A major amendment to EIA Notification was made in April 1997 for
introduction of Public Hearing (PH) as a part of assessment procedure for
ensuring participation of local people and stakeholders in various
proposed development activities. Public hearings are called for in
projects involving a large displacement of residents or severe
environmental impacts. The decision to hold hearings has to be made within
30 days of receipt of the proposal. If the IAD (Impact Assessment
Division) decides to hold hearings, it is required to provide notice in at
least two newspapers at least 30 days prior to the hearing. Recent
Amendment in the Public hearing notifications is that hearings are now
mandatory for all projects to which the EIA notification applies. In
support of this new requirement, the process includes provisions for
public access to information. Project proponents are required to provide
the SPCB with an executive summary of the project "containing the
salient features of the project both in English and local languages".
They must also provide copies of all application forms relating to the
project that were submitted pursuant to other environmental approval
processes and "any other document necessary for the Board to dispense
with the application". Twenty copies of each of these documents must
be provided to the SPCB. Public access to executive summaries is available
at District Collectors' Offices, District Industry Centers, the office of
the Zila Parishad or Commissioner of the municipal corporation/local body,
and SPCB state and Regional offices. The hearing process also contains
provisions for public notice. SPCBs are required to give notice in at
least two newspapers widely circulated in the region around the project,
mentioning the date, time and place of public hearings. Suggestions,
views, comments and objections of the Public shall be invited within
thirty days from the date of publication. Local residents, environmental
groups and others located at the project site likely to be affected can
participate in the hearings or submit oral or written briefs to the SPCB.
The new hearing process also contains requirements regarding the
composition of hearing panels. Panels also include a representative of the
SPCB, the District Collector, a state government representative for the
relevant sector under investigation, a representative of the central
Ministry of the Environment and Forests, not more than three
representatives of local bodies such as municipalities or panchayats, and
not more than three senior citizens nominated by the District Collector.
For time bound processing of proposals for public hearing submitted to
various State Pollution Control Boards, the EIA Notification was amended
in November, 2001 and a time limit of 60 days has been laid down for
completion of public hearing.
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