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    Objectives of EIA

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    Objectives of EIA

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    Objectives of EIA

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    sandarbh12345

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Objectives of EIA

    • • The EIA process scrutinises the potential environmental impact and negative externalities of a proposed project
    before commencement of the project and determines whether it can be carried out in the form proposed, or whether it is
    to be abandoned or modified.

    • • EIA notification 2006 seeks to regulate the environment clearance given by the government for projects such as
    dams, mining, thermal power plants, infrastructure projects etc.

    Effectiveness of EIA Process in India- CAG Performance Audit on ‘Environmental Clearance & Post Clearance Monitoring’
    2017

    EIA has been successful in realizing some necessary environmental safeguards but the process has not been fully
    satisfactory. There are multiple instances from across the country which reveal that there exist systemic flaws in the
    process which make it inadequate and non-transparent.

    CAG Performance Audit on ‘Environmental Clearance & Post Clearance Monitoring’ was tabled in Parliament in March
    2017. Major observations of the Performance Audit revealed the following-

    i i. In many cases, the Environment Impact Assessment reports were found to be prepared by non-accredited
    consultants. Both these gaps compromised the credibility and quality of EIA reports.

    i ii. There were shortcomings noticed in the conduct of public hearings. For example, there is no quorum required
    for attendance for starting the proceedings of public hearing.

    i iii. There was no provision for the Project Proponents to fulfil their commitments in a time bound manner and to
    ensure that the concerns of the local people were included in the final Environment Impact Assessment
    report/Environmental Clearance letter.

    i iv. There were instances of lack of compliance of environmental clearance conditions by Project Proponents.

    ii v. Monitoring by State Pollution Control Boards/Union Territory Pollution Control Committees and Regional Offices
    of MoEF&CC for compliance of environmental clearance conditions was found to be weak.

    iii vi. No penalty was imposed by the Ministry for violating conditions of Environmental Clearance in the samples
    examined.

    In March 2020, the Ministry of Environment, Forest and Climate Change (MoEFCC) had proposed a draft Environmental
    Impact Assessment (EIA) notification 2020 which will replace the existing EIA Notification, 2006. VAJIRAM & RAVI Page 2

    Need for a Changes in EIA Notification 2006

    • • There have been many changes made in a piecemeal manner since 2006 in the EIA Notification 2006. The
    Government wants to rationalise all these changes through this draft.

    • • However, environmental groups argue that while doing so, the draft notification has made certain major changes
    in the spirit of the EIA process of 2006 and made it less effective.

    Major Contentious Features of the Draft EIA Notification, 2020


    1. Post-facto approval

    i. The new draft allows for post-facto approval for projects. It means that the clearances for projects can be awarded even
    after the execution or projects without any prior approval.

    ii. This undermines the orders of the National Green Tribunal which had ruled against post-facto approvals.

    iii. Also, post facto approvals are against the spirit of Precautionary Principle of environmental management.

    Post-Facto Approval Explained

    • • The draft states that any environmental violation can be reported by the project proponent themselves or by a
    government authority or by a committee appraising the projects.

    • • The appraisal committee will assess whether the construction or expansion carried out in violation of the norms
    can “run sustainably” with “environmental safeguards.”

    • • If the assessment is negative, the project will be directed to shut down. If not, it will be appraised for ecological
    damage, remediation plan in addition to the standard terms of reference.

    • • The committee will also stipulate an environment management plan for remediation of the violation and such
    projects will have to pay a late fee depending on the size of the project.

    • • This effectively implies that in case of any environmental damage caused by the project, imposition of fines will
    be the only remedy available.

    • • As per experts, this is an attempt by the government to legitimise or regularise the environmental violations.

    2. Dilution of Public Consultation Process

    i. The draft notification reduces the time period from 45 days to 40 days for conducting public hearing.

    ii. Public hearing includes public consultation as well which is an important component as the concerns of local affected
    persons and other stakeholders are ascertained while planning the project.

    3. Exemption of Public Consultation for Strategic Projects

    i. As per the draft, public consultation is exempted for projects including modernisation of irrigation projects, all building,
    construction and area development projects, strategic projects etc.

    VAJIRAM & RAVI Page 3

    i ii. The central government gets the power to categorise projects as “strategic.” For example, defence and security-
    related projects were always strategic.

    4. Changes in Post Implementation Compliance

    i. The 2006 notification required that once the project implementation begins, the project proponent submits a
    compliance report every six months.

    ii. However, the new draft requires the project proponent has to submit a report only once every year.

    As per environmental civil society, this implies dilution of the post- implementation compliance and monitoring.
    5. Bypassing EIA Process.

    i. As per the draft notification, the new construction projects up to 1,50,000 square metres (instead of the existing 20,000
    square metres) do not need “detailed scrutiny” by the Expert Committee, nor do they need EIA studies and public
    consultation.

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