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Presentation on
Current Requirements in Environment
Impact Assessment (EIA) – Process &
Procedures as Per MoEF & CC
Guidelines
1
Introduction
2
Evolution & History of EIA
EIA process took off after mid 1980’s, after World Bank adopted EIA for major
development projects, in which borrower country had to undertake the EIA
under the Bank’s supervision.
3
Core values of EIA
4
Objectives of EIA
Predict incremental levels of pollutants in the study area due to the proposed project;
Validate the predicted pollution load with respect to the present pollution load due to airport
operations;
Evaluate the predicted impacts on the various environmental attributes by using scientifically
developed and widely accepted Environmental Impact Assessment modelling methodologies;
Prepare an EIA report, complying to all the TOR conditions issued by MoEF& CC;
To identify critical environmental attributes required to be monitored and suggest post project
monitoring plan; and
To carry out risk assessment and prepare the disaster management plan.
5
Methodology of the EIA Study
Existing topography, location of surface water bodies like ponds, canals and rivers;
6
Environmental Impact Assessment – Cycle & Procedure
Screening
Public hearing
7
NOTIFICATION OF
ENVIRONMENTAL IMPACT
ASSESSMENT-2006
8
UNDERLYING BASIS, SPIRIT AND
PREAMBLE
Protect environment and control pollution
EIA 1994
Environment Protection Act 1986
9
Categorization of projects and
activities
10
Requirements of prior Environmental Clearance (EC)
11
Requirements of prior Environmental Clearance (EC)
12
STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA)
All decisions of the SEIAA shall be unanimous and taken in a appraisal meeting
13
Expert Committees for Screening, Scoping
and Appraisal (EAC and SEAC)
Expert Committees
State Expert Appraisal Committees (SEAC) at the State or the Union territory
Procedure for selection and maintenance of EAC and SEAC is given in notification
14
Application for Prior Environmental Clearance
Submit pre-feasibility report for all and conceptual plan for construction
activities
15
STAGES IN EC PROCESS
Stage 2: Scoping
Stage 4: Appraisal
Sequential order
16
STAGE 1: SCREENING
Only for Category-B projects and activities to determine if they need EIA
17
STAGES IN EC PROCESS
Stage 2: Scoping
Stage 4: Appraisal
Sequential order
All of which may not apply to particular cases as set forth in this notification
18
Stage 2: SCOPING
Expert Appraisal Committee (EAC) in the case of Category ‘A’ projects or activities
State level Expert Appraisal Committee (SEAC) in the case of Category ‘B1’
projects
A site visit by a sub- group of EAC or SEAC will be conducted only if considered
necessary
19
STAGE 2: SCOPING
In the case of Category A Hydroelectric projects TOR shall be conveyed along with
the clearance for pre-construction activities
If TOR not finalized and conveyed to the applicant within sixty days of the receipt of
Form-1, TOR suggested by the applicant shall be deemed as the final TOR
approved for the EIA studies
The decision together with reasons for the same shall be communicated to
the applicant
Prepare EIA draft report as per the approved ToR and Guidelines of MoEF&CC.
20
Stages in EC process
Stage 2: Scoping
Stage 4: Appraisal
Sequential order
All of which may not apply to particular cases as set forth in this notification
21
Stage 3: Public consultation
Process by which the concerns of surrounding/adjacent/local affected persons and
others who have plausible stake in the environmental impacts of the project or
activity are ascertained
All Category ‘A’ and Category B1 projects or activities shall undertake Public
Consultation
Public hearing at the site or in its close proximity- district wise, to be carried out
in the manner prescribed in Appendix IV, for ascertaining concerns of local
affected persons
22
Component 1: Public hearing
Public hearing shall be conducted by the State Pollution Control Board (SPCB)
If the public agency nominated reports that it is not possible to conduct the public
hearing in a manner which will enable the views of the concerned local persons to
be freely expressed
After due consideration of the report shall rule that the public consultation in
the case need not include the public hearing
23
Component 2: Responses from other concerned persons
Invite responses from such concerned persons by placing the Summary EIA report.
24
After public consultation…
25
Stages in EC process
Stage 2: Scoping
Stage 4: Appraisal
Sequential order
All of which may not apply to particular cases as set forth in this
notification
26
Stage 4: Appraisal
Appraisal of all projects or activities which are not required to undergo public consultation, or
submit an Environment Impact Assessment report (Category B2) shall be carried out on the
basis
Form -1A
27
Stage 4: Appraisal Contd…
28
Grant or Rejection of EC
29
Grant or Rejection of EC Contd…
If decision not granted within stipulated time, the applicant may proceed as if the
environment clearance sought for has been granted or denied by the regulatory
authority in terms of the final recommendations of the Expert Committee concerned
Deliberate concealment and/or submission of false or misleading information or
data which is material to screening or scoping or appraisal or decision on the
application shall make the application liable for rejection
Rejection of an application or cancellation of a prior environmental clearance
already granted shall be decided by the regulatory authority, after giving a personal
hearing to the applicant, and following the principles of natural justice
30
Validity of Environmental Clearance
Area Development projects and Townships, the validity period shall be limited
only to such activities as may be the responsibility of the applicant as a
developer
Seven years for all others projects (Airports) and can be extended to five years.
31
Post Environmental Clearance Monitoring
32
Environmental Clearance Process
33
Summary of EIA process and Timelines
Who does it?
Submission of application (Form 1, prelim reports)
Investor
Investor
Prepare preliminary EIA report
State Pollution
45 days Stage 3: Public consultation (2 components) Control Board
Update EIA report (Investor)
Expert
60 days Stage 4: Appraisal
Committee
15 days
Regulatory
30 days Final Decision Authority
34
Legal & Institutional Frame Work - Environment
35
Legal & Institutional Frame Work
Workmen's Compensation Act, 1923
The Trade Unions Act, 1926
The Petroleum Act, 1934 and the Petroleum Rules
The Industrial Disputes Act, 1947
Factories Act, 1948
Minimum Wages Act, 1948
Employees State Insurance Act, 1948
Employees Provident Fund and Miscellaneous Provisions Act, 1952
The Maternity Benefits Act, 1961
Personal Injuries (Emergency Provisions) Act, 1962
Contract Labour (Regulation and Abolition) Act, 1970
The Payment of Gratuity Act, 1972
The Child Labour (Prohibition and Regulation) Act, 1986
The Building & Other Construction Workers (Regulation of Employment and Conditions of Service)
Act,1996
Electricity Act, 2003
Right to Information Act, 2005
36
Thank you
List of Projects or Activities Requiring Prior Environmental
Clearance
39
List of Projects or Activities Requiring Prior Environmental Clearance
Contd…
40
List of Projects or Activities Requiring Prior Environmental Clearance
Contd…
46
List of Projects or Activities Requiring Prior Environmental Clearance
Contd…