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DEPARTMENT OF ARTIFICIAL INTELLIGENCE AND DATA SCIENCE

OCE351 ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT
NOTES OF LESSON

UNIT I INTRODUCTION

Impacts of Development on Environment – Rio Principles of Sustainable Development-

Environmental Impact Assessment (EIA) – Objectives – Historical development – EIA Types –
EIA in project cycle –EIA Notification and Legal Framework.

Impacts of Development on Environment

Due to developmental project the impacts on land, water. air, noise, flora and fauna
should be assessed:

• Air Changes in ambient levels and ground level concentrations due to total emissions
from point, line and area sources
• Effects on soils, materials, vegetation, and human health
• Noise Changes in ambient levels due to noise generated from equipment and movement
of vehicles
• Effect on fauna and human health
• Water Availability to competing users ,Changes in quality Sediment transport,Ingress of
saline water
• Land Changes in land use and drainage pattern Changes in land quality including
effects of waste disposal Changes in shoreline/riverbank and their stability
• Biological Deforestation/tree-cutting and shrinkage of animal habitat.
Impact on fauna and flora (including aquatic species if any) due to
contaminants/pollutants Impact on rare and endangered species, endemic species, and
migratory path/route of animals.
Impact on breeding and nesting grounds
• Socio-Economic Impact on the local community including demographic changes.
Impact on economic status Impact on human health. Impact of increased traffic

THE RIO DECLARATION ON ENVIRONMENT AND DEVELOPMENT (1992)

PREAMBLE

The United Nations Conference on Environment and Development, Having met at Rio de
Janeiro from 3 to 14 June 1992, Reaffirming the Declaration of the United Nations Conference
on the Human Environment, adopted at Stockholm on 16 June 1972, and seeking to build upon
it, With the goal of establishing a new and equitable global partnership through the creation of
new levels of co-operation among States, key sectors of societies and people, Working towards
international agreements which respect the interests of all and protect the integrity of the global
environmental and developmental system, Recognizing the integral and interdependent nature of
the Earth, our home, Proclaims that:

PRINCIPLE 1 Human beings are at the centre of concerns for sustainable development. They
are entitled to a healthy and productive life in harmony with nature.
PRINCIPLE 2 States have, in accordance with the Charter of the United Nations and the
principles of international law, the sovereign right to exploit their own resources pursuant to
their own environmental and developmental policies, and the responsibility to ensure that
activities within their jurisdiction or control do not cause damage to the environment of other
States or of areas beyond the limits of national jurisdiction.

PRINCIPLE 3 The right to development must be fulfilled so as to equitably meet

developmental and environmental needs of present and future generations.

PRINCIPLE 4 In order to achieve sustainable development, environmental protection shall

constitute an integral part of the development process and cannot be considered in isolation from
it.

PRINCIPLE 5 All States and all people shall co-operate in the essential task of eradicating
poverty as an indispensable requirement for sustainable development, in order to decrease the
disparities in standards of living and better meet the needs of the majority of the people of the
world.

PRINCIPLE 6 The special situation and needs of developing countries, particularly the least
developed and those most environmentally vulnerable, shall be given special priority.
International actions in the field of environment and development should also address the
interests and needs of all countries.

PRINCIPLE 7 States shall co-operate in a spirit of global partnership to conserve, protect and
restore the health and integrity of the Earth's ecosystem. In view of the different contributions to
global environmental degradation, States have common but differentiated responsibilities. The
developed countries acknowledge the responsibility that they bear in the international pursuit of
sustainable development in view of the pressures their societies place on the global environment
and of the technologies and financial resources they command.

PRINCIPLE 8 To achieve sustainable development and a higher quality of life for all people,
States should reduce and eliminate unsustainable patterns of production and consumption and
promote appropriate demographic policies.

PRINCIPLE 9 States should co-operate to strengthen endogenous capacity-building for

sustainable development by improving scientific understanding through exchanges of scientific
and technological knowledge, and by enhancing the development, adaptation, diffusion and
transfer of technologies, including new and innovative technologies.

PRINCIPLE 10 Environmental issues are best handled with the participation of all concerned
citizens, at the relevant level. At the national level, each individual shall have appropriate access
to information concerning the environment that is held by public authorities, including
information on hazardous materials and activities in their communities, and the opportunity to
participate in decision-making processes. States shall facilitate and encourage public awareness
and participation by making information widely available. Effective access to judicial and
administrative proceedings, including redress and remedy, shall be provided.

PRINCIPLE 11 States shall enact effective environmental legislation. Environmental standards,

management objectives and priorities should reflect the environmental and developmental
context to which they apply. Standards applied by some countries may be inappropriate and of
unwarranted economic and social cost to other countries, in particular developing countries.

PRINCIPLE 12 States should co-operate to promote a supportive and open international

economic system that would lead to economic growth and sustainable development in all
countries, to better address the problems of environmental degradation. Trade policy measures
for environmental purposes should not constitute a means of arbitrary or unjustifiable
discrimination or a disguised restriction on international trade. Unilateral actions to deal with
environmental challenges outside the jurisdiction of the importing country should be avoided.
Environmental measures addressing transboundary or global environmental problems should, as
far as possible, be based on an international consensus.

PRINCIPLE 13 States shall develop national law regarding liability and compensation for the
victims of pollution and other environmental damage. States shall also co-operate in an
expeditious and more determined manner to develop further international law regarding liability
and compensation for adverse effects of environmental damage caused by activities within their
jurisdiction or control to areas beyond their jurisdiction.

PRINCIPLE 14 States should effectively co-operate to discourage or prevent the relocation

and transfer to other States of any activities and substances that cause severe environmental
degradation or are found to be harmful to human health.

PRINCIPLE 15 In order to protect the environment, the precautionary approach shall be widely
applied by States according to their capabilities. Where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be used as a reason for postponing cost-
effective measures to prevent environmental degradation.

PRINCIPLE 16 National authorities should endeavour to promote the internalization of

environmental costs and the use of economic instruments, taking into account the approach that
the polluter should, in principle, bear the cost of pollution, with due regard to the public interest
and without distorting international trade and investment.

PRINCIPLE 17 Environmental impact assessment, as a national instrument, shall be

undertaken for proposed activities that are likely to have a significant adverse impact on the
environment and are subject to a decision of a competent national authority.

PRINCIPLE 18 States shall immediately notify other States of any natural disasters or other
emergencies that are likely to produce sudden harmful effects on the environment of those
States. Every effort shall be made by the international community to help States so afflicted.
PRINCIPLE 19 States shall provide prior and timely notification and relevant information to
potentially affected States on activities that may have a significant adverse transboundary
environmental effect and shall consult with those States at an early stage and in good faith.
PRINCIPLE 20 Women have a vital role in environmental management and development.
Their full participation is therefore essential to achieve sustainable development.

PRINCIPLE 21 The creativity, ideals and courage of the youth of the world should be
mobilized to forge a global partnership in order to achieve sustainable development and ensure a
better future for all.
PRINCIPLE 22 Indigenous people and their communities, and other local communities, have a
vital role in environmental management and development because of their knowledge and
traditional practices. States should recognize and duly support their identity, culture and interests
and enable their effective participation in the achievement of sustainable development.

PRINCIPLE 23 The environment and natural resources of people under oppression, domination
and occupation shall be protected.

PRINCIPLE 24 Warfare is inherently destructive of sustainable development. States shall

therefore respect international law providing protection for the environment in times of armed
conflict and co-operate in its further development, as necessary.

PRINCIPLE 25 Peace, development and environmental protection are interdependent and

indivisible.

PRINCIPLE 26 States shall resolve all their environmental disputes peacefully and by
appropriate means in accordance with the Charter of the United Nations.

PRINCIPLE 27 States and people shall co-operate in good faith and in a spirit of partnership in
the fulfilment of the principles embodied in this Declaration and in the further development of
international law in the field of sustainable development.

Environmental Impact Assessment

The International Association for Impact Assessment (IAIA) defines an environmental

impact assessment as "the process of identifying, predicting, evaluating and mitigating the
biophysical, social, and other relevant effects of development proposals prior to major decisions
being taken and commitments made

What is EIA?

Environmental Impact Assessment (EIA) is used to identify and assess the environmental
and social impacts of any proposed major activity (project, plan, programme or policy) prior to
its implementation. 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. EIA is anticipatory,
participatory, and systematic in nature and relies on multidisciplinary input. It is a means to
assessing the present state of health of ecosystem where project would be executed and to work
out the possible impact it could bring in course of the time. By using EIA both environmental
and economic benefits can be achieved, such as reduced cost and time of project implementation
and design, avoided treatment/clean-up costs and impacts of laws and regulations.

The purpose of EIA is to:

• provide information for decision-making on the environmental consequences of
proposed actions; and
• promote environmentally sound and sustainable development through the
identification of appropriate enhancement and mitigation measures.

EIA can play as a tool in moving towards sustainability.

 Sustainable development is a key concept that has gained increasing international
acceptance during the last two decades. A milestone in this process was the 8Brundtland9 report,
which defined sustainable development as 8development that meets the needs of today9s
generation without compromising those of future generations9. Five years later, the UN
Conference on Environment and Development (UN.ED), the Earth Summit, established a
number of international agreements, declarations and commitments such as Agenda 21, the
global action plan for sustainable development, emphasises the importance of integrated
environment and development decision-making and promotes the use of EIA and other policy
instruments for this purpose.

Four cornerstones of the Earth Summit

• The Rio Declaration on Environment and Development – a set of principles which provide
guidance on achieving sustainable development.

• Framework Convention on Climate Change – an international treaty to stabilise greenhouse

gas concentrations in the atmosphere.

• Convention on Biological Diversity – an international convention with three objectives: the

conservation of biodiversity, the sustainable use of its components, and the equitable
sharing of benefits from genetic resources.

• Agenda 21 – a global programme of action for achieving sustainable development to which

countries are 8politically committed9 rather than legally obligated.

Why EIA is important

• Reducing the burden of environmental impacts is necessary if development is to become

sustainable. These impacts are more complex, larger in scale and further reaching in their
potential consequences than thirty years ago when EIA was first introduced. As a result,
EIA has become of ever increasing importance as a tool for development decision-making.

• This role is formally recognized in Principle 17 of the Rio Declaration on Environment and
Development:

• 8Environmental impact assessment, as a national instrument, shall be undertaken for

proposed activities that are likely to have a significant adverse impact on the environment
and are subject to a decision of a competent national authority9.

• In practice, EIA is applied primarily to prevent or minimise the adverse effects of major
development proposals, such as a power station, dams and reservoirs, industrial complexes,
etc. This process is also used as a planning tool to promote sustainable development by
integrating environmental considerations into a wide range of proposed actions. Most
notably, strategic environmental assessment (SEA) of policies and plans focuses on the
highest levels of decision making, when better account can be taken of the environment in
considering development alternatives and options. More limited forms of EIA can be used
to ensure smaller scale projects, such as dredging activities, road realignment and
upgrading and housing subdivisions, conform to appropriate environmental standards or
site and design criteria.
Objectives

The aims and objectives of EIA can be divided into two categories. The immediate aim
of EIA is to inform the process of decision-making by identifying the potentially significant
environmental effects and risks of development proposals. The ultimate (long term) aim of EIA
is to promote sustainable development by ensuring that development proposals do not undermine
critical resource and ecological functions or the well being, lifestyle and livelihood of the
communities and peoples who depend on them.

Immediate objectives of EIA are to:

• improve the environmental design of the proposal;
• ensure that resources are used appropriately and efficiently;
• identify appropriate measures for mitigating the potential impacts of
the proposal; and
• facilitate informed decision making, including setting the
environmental terms and conditions for implementing the proposal.
Long term objectives of EIA are to:
• protect human health and safety;
• avoid irreversible changes and serious damage to the environment;
• safeguard valued resources, natural areas and ecosystem
components; and
• enhance the social aspects of the proposal.

It is a process of evaluating the likely environmental impacts of a proposed project or

development, taking into account inter-related socio-economic, cultural, and human-health
impacts, both beneficial and adverse. EIA is a tool used to assess the positive and negative
environmental, economic, and social impacts of a project. This is used to predict the
environmental impacts of a project in the pre-planning stage itself so that decisions can be taken
to reduce the adverse impacts.

Evolution & History of EIA

The phrase Environmental Impact Assessment comes from Sec. 102 (2) of the National
Environmental Policy Act (NEPA), 1969, USA. In many European countries, it came into vogue
with the introduction of the concept of sustainable development after the World Commission of
Environment in 1987. EIA has now become a requirement in many countries. In India, EIA
came into existence around 1978-79; though, it was made mandatory only in 1994. EIA has two
roles, namely, legal & educational. The legal role of EIA ensures that development projects such
as a housing estate, a road/bridge or some such construction project has a minimal impact on the
environment in its entire 8lifecycle9, i.e. during design, construction, use, maintenance, and
demolition. Many countries now have laws stipulating that unless an EIA study is carried out
(particularly for large infrastructure projects); permission for construction will not be granted by
the local authority. The educational role of EIA is equally important. EIA facilitates in educating
everyone involved - professionals and users included, of the potential environmental impacts of
a project. Various guidelines are available on EIA.

The main steps are as follows: Preliminary activities include the selection of a
coordinator for the EIA and the collection of background information. This should be undertaken
as soon as a project has been identified. 1 For the sake of brevity, hereafter, the term 8project9
will be used in place of 8any major activity9. The term must be deemed to include 8any project,
plan, program or policy9. Impact identification involves a broad analysis of the impacts of
project activities with a view to identifying those which are worthy of a detailed study. Baseline
study entails the collection of detailed information and data on the condition of the project area
prior to the project's implementation. Impact evaluation should be done whenever possible in
quantitative terms and should include the working-out of potential mitigation measures. Impact
evaluation cannot proceed until project alternative has been defined, but should be completed
early enough to permit decisions to be made in a timely fashion. Assessment involves combining
environmental losses and gains with economic costs and benefits to procedure a complete
account to each project alternative. Cost-benefit analysis should include environmental impacts
where these can be evaluated in monetary terms. Documentation is prepared to describe the
work done in the EIA. A working document is prepared to provide clearly stated and argued
recommendations for immediate action. The working document should contain a list of project
alternative with comments on the environmental and economic impacts of each. Decision-
making begins when the working document reaches the decision maker, who will either accept
one of the project alternatives, request further study or reject the proposed action altogether. Post
audits are made to determine how close to reality the EIA predictions were.

EIA is one of a number of policy tools that are used to evaluate new proposals. It is also a
relatively recent development when compared to use of economic appraisal methods. A number
of factors led to the introduction of EIA in the US National Environmental Policy Act (NEPA,
1969), including public concern about the quality of the environment and the increasing effects
of new technologies and ever-larger development schemes. In addition, then available economic
appraisal techniques, such as benefit cost analysis, did not take account of the environmental and
social impacts of major projects.

The architects of NEPA intended the environmental impact statement to be the 8action-
forcing9 mechanism, which would change the way government decisions were made in the USA.
However, they probably did not foresee the extent to which EIA would be adopted
internationally, culminating in Principle 17 of the Rio Declaration on Environment and
Development.

Today, EIA is applied in more than 100 countries, and by all development banks and
most international aid agencies.

EIA has also evolved significantly, driven by improvements in law, procedure and
methodology. EIA is termed as one of the best policy innovations in the 1900s. The main aim of
EIA is to conserve the environment and bring out the best combination of economic and
environmental costs and benefits.

Major trends in EIA

The evolution of EIA can be divided into four overlapping phases:

i) Introduction and early development (1970-1975) – mandate and foundations of EIA

established in the USA; then adopted by a few other countries (e.g. Australia, Canada, New
Zealand); basic concept, procedure and methodology still apply.

ii) Increasing scope and sophistication (mid 970s to early 980s) – more advanced techniques
(e.g. risk assessment); guidance on process implementation (e.g. screening and scoping); social
impacts considered; public inquiries and reviews drive innovations in leading countries; take up of
EIA still limited but includes developing countries (e.g. China, Thailand and the Philippines).

iii) Process strengthening and integration (early 8809s to early 990s) – review of EIA practice
and experience; scientific and institutional frameworks of EIA updated; coordination of EIA
with other processes, (e.g. project appraisal, land use planning); ecosystem-level changes and
cumulative effects begin to be addressed; attention given to monitoring and other follow-up
mechanisms. Many more countries adopt EIA; the European Community and the World Bank
respectively establish supra-national and international lending requirements.

iv) Strategic and sustainability orientation (early 990s to date) EIA aspects enshrined in
international agreements ( Law, policy and institutional arrangements); marked increase in
international training, capacity building and networking activities; development of strategic
environmental assessment (SEA) of policies and plans; inclusion of sustainability concepts and
criteria in EIA and SEA practice; EIA applied in all OECD countries and large number of
developing and transitional countries.

The birth of EIA is dated back to the 1970s. In 1969, The USA had brought its first
National Environment Policy Act (NEPA) 1969.

The EIA was initially practised by developed nations but slowly it was also introduced in
developing nations including India.

Columbia and the Philippines are the earliest examples of developing nations who
introduced EIA in their policies. Columbia brought it in 1974 while the Philippines in 1978.

Worldwide, EIA is now practised in more than 100 countries. By the mid-1990s, some
110 countries applied EIA as a major environmental policy.

In 1989, EIA was adopted as the major development project by the World Bank.

Types of EIA Strategic

EIA (SEIA):

Strategic EIA refers to systematic analysis of the environmental effects of development policies,
plans, programs and other proposed strategic actions. This process extends the aims and
principles of EIA upstream in the decision- making process, beyond the project level and when
major alternatives are still open. Strategic EIA represents a proactive approach to integrate
environmental considerations into the higher level of decision-making.

Regional EIA:

EIA in the context of regional planning integrates environmental concerns into development planning
for a geographic region, normally at the sub- country level. Such an approach is referred to as
the economic-cum- environmental (EcE) development planning. This approach facilitates adequate
integration of economic development with management of renewable natural resources within the
carrying capacity limitation to achieve sustainable development.

It fulfills the need for macro-level environmental integration, which the project-oriented EIA is unable
to address effectively. Regional EIA addresses the environmental impacts of regional
development plans and thus, the context for project-level EIA of the subsequent projects, within
the region. In addition, if environmental effects are considered at regional level, then cumulative
environmental effects of all the projects within the region can be accounted.

Sectoral EIA:

Instead of project-level-EIA, an EIA should take place in the context of regional and sectoral
level planning. Once sectoral level development plans have the integrated sectoral environmental
concerns addressed, the scope of project-level EIA will be quite narrow. Sectoral EIA will help
to address specific environmental problems that may be encountered in planning and
implementing sectoral development projects.

Project Level EIA:

Project level EIA refers to the developmental activity in isolation and the impacts that it exerts
on the receiving environment. Thus, it may not effectively integrate the cumulative effects of the
development in a region.

Provisions of Environmental Impact Assessment Under Environmental (Protection) Act, 1986

Ministry of Environment Forests, Government of India have taken several policy initiatives and
made provisions of Water (Prevention and Control) Act, 1974; Air (Prevention and control of
pollution) Act, 1981 and Environment (Protection) Act, 1986. These acts are aimed in
controlling environmental pollution with legislative provisions to prevent exploitation of natural
resources and to promote integration of environmental concerns. One such initiative is
notification on Environmental Impact Assessment issued on 27th January 1994 under the
provisions of Environment Protection Act. The salient features of the notification are given
below: Environment Impact Assessment Notification Ministry of Environment and Forests
Notification New Delhi, the 27th January, 1994

EIA Project Cycle

 Pre feasibility stage
Screening:
First stage of EIA, which determines whether the proposed project, requires an EIA and
if it does, then the level of assessment required.
Scoping:
This stage identifies the key issues and impacts that should be further investigated. This
stage also defines the boundary and time limit of the study.
Feasibility stage
Impact analysis:
This stage of EIA identifies and predicts the likely environmental and social impact of
the proposed project and evaluates the significance.
Design and engineering stage
Mitigation:
This step in EIA recommends the actions to reduce and avoid the potential adverse
environmental consequences of development activities.
Reporting:
This stage presents the result of EIA in a form of a report to the decision-making body
and other interested parties.
Review of EIA:
It examines the adequacy and effectiveness of the EIA report and provides the
information necessary for decision-making.
Decision-making:
It decides whether the project is rejected, approved or needs further change.
Implementation and post monitoring stage
Post monitoring:
This stage comes into play once the project is commissioned. It checks to ensure that the
impacts of the project do not exceed the legal standards and implementation of the mitigation
measures are in the manner as described in the EIA report.
EIA process in India

Introduction EIA has more of a legal role to play in Indian context rather than the
educational one. It is backed by the environmental protection act 1986. The MoEF has prepared
Environmental Guidelines, to help the project proponents of a developmental project to work out
an EIA. Guidelines have been prepared to bring out specific information on the environment
required for environmental clearance. The agencies, which are primarily responsible for the
respective sectors are closely involved in preparing the guidelines. River valley projects, thermal
power projects, mining projects and industries, ports and harbours, development of beaches,
highway/ railroad projects are the sectors for which guidelines have already been prepared.
These guidelines basically consist of aspects regarding planning and implementation of
development projects. The majority of projects in India, which require EIA's, are large
developmental projects like nuclear power, river valley, thermal power plants etc, where
government plays an important role. MoEF has developed guidelines for the preparation of EIA
reports along with questionnaires and check lists for the different sectors like industry and
mining projects, thermal power projects, river valley projects, road, highways and railway
projects port and harbours, airports, communication projects and new towns. The stages of an
EIA process generally depend on the requirements of the country. However, most EIA processes
have a common structure, whose application is a basic standard of good practice. EIA usually
consists of eight steps with each step equally important in determining the overall performance
of the project. Typically, the EIA process begins with screening to ensure that the time and
resources are directed at the proposals which matter environmentally and ends with some form
of follow up on the implementation of the decisions and actions taken as a result of an EIA
report. The eight steps of the EIA process are presented in brief below:
The critical issues focused in all these guidelines are:
• Can the local environment cope with the additional waste and pollution that the
project will produce?
• Will the project location conflict with the nearby land use or preclude later
developments in surrounding areas?
• Can the project operate safely without serious risk of accidents or longterm health
hazards? • How will the project affect economic activities that are based on natural
resources?
• Is there sufficient infrastructure to support the project?
• How much of the resources (such as water, energy etc) will the project consume,
and are adequate supplies of these resources available?
• What kind of human resources will it require or replace and what will be its social
impacts in the short/long-run?
• What damages will it inadvertently cause to the national/regional assets such as
natural resources, tourist areas, or historic or cultural sites, etc? (UNEP 1988).

The EIA process in India is made up of the following phases:

1. Screening
2. Scoping and consideration of alternatives
3. Baseline data collection
4. Impact prediction
5. Assessment of alternatives, delineation of mitigation measures and environmental
impact statement
6. Public hearing
7. Environment Management Plan
8. Decision making
9. Monitoring the clearance conditions
1. Screening

Screening is done to see whether a project requires environmental clearance as per the
statutory notifications.

Screening Criteria are based upon:

• Scales of investment;
• Type of development; and,
• Location of development.
A Project requires statutory environmental clearance only if the provisions of EIA
notification and/or one or more statutory notification mentioned below cover it. Prohibiting
location of industries except those related to Tourism in a belt of 1 km from high tide mark from
the Revdanda Creek up to Devgarh Point (near Shrivardhan) as well as in 1 km belt along the
banks of Rajpuri Creek in Murud Janjira area in the Rajgarh district of Maharashtra (6th January
1989) Restricting location of industries, mining operations and regulating other activities in
Doon Valley (1st February 1989) Regulating activities in the coastal stretches of the country by
classifying them as coastal regulation zone and prohibiting certain activities (19th February
1991) Restricting location of industries and regulating other activities in Dahanu Taluka in
Maharashtra (6th June 1991) Restricting certain activities in specified areas of Aravalli Range in
the Gurgaon district of Haryana and Alwar district of Rajasthan (7th May 1992) Regulating
industrial and other activities, which could lead to pollution and congestion in an area north west
of Numaligarh in Assam (5th July 1996)

2. Scoping and consideration of alternatives

Scoping is a process of detailing the terms of reference of EIA. It has to be done by the
consultant in consultation with the project proponent and guidance, if need be, from Impact
Assessment Agency. MoEF has published guidelines for different sectors, which outline the
significant issues to be addressed in the EIA studies. Quantifiable impacts are to be assessed on
the basis of magnitude, prevalence, frequency and duration and non-quantifiable impacts (such
as aesthetic or recreational value), significance is commonly determined through the socio-
economic criteria. After the areas, where the project could have significant impact, are
identified, the baseline status of these should be monitored and then the likely changes in these
on account of the construction and operation of the proposed project should be predicted.

3. Baseline data collection

Baseline data describes the existing environmental status of the identified study area. The
site-specific primary data should be monitored for the identified parameters and supplemented
by secondary data if available.

4. Impact prediction

Impact prediction is a way of 8mapping9 the environmental consequences of the

significant aspects of the project and its alternatives. Environmental impact can never be
predicted with absolute certainty and this is all the more reason to consider all possible factors
and take all possible precautions for reducing the degree of uncertainty

. The following impacts of the project should be assessed:

• Air Changes in ambient levels and ground level concentrations due to total emissions from
point, line and area sources Effects on soils, materials, vegetation, and human health

• Noise Changes in ambient levels due to noise generated from equipment and movement of
vehicles

• Effect on fauna and human health

• Water Availability to competing users Changes in quality Sediment transport Ingress of saline
water

• Land Changes in land use and drainage pattern Changes in land quality including effects of
waste disposal Changes in shoreline/riverbank and their stability

• Biological Deforestation/tree-cutting and shrinkage of animal habitat. Impact on fauna and

flora (including aquatic species if any) due to contaminants/pollutants Impact on rare and
endangered species, endemic species, and migratory path/route of animals. Impact on breeding
and nesting grounds

• Socio-Economic Impact on the local community including demographic changes. Impact on

economic status Impact on human health. Impact of increased traffic
 5. Assessment of alternatives, delineation of mitigation measures and environmental impact
statement

For every project, possible alternatives should be identified and environmental attributes
compared. Alternatives should cover both project location and process technologies. Alternatives
should consider 8no project9 option also. Alternatives should then be ranked for selection of the
best environmental option for optimum economic benefits to the community at large. Once
alternatives have been reviewed, a mitigation plan should be drawn up for the selected option
and is supplemented with an Environmental Management Plan (EMP) to guide the proponent
towards environmental improvements. The EMP is a crucial input to monitoring the clearance
conditions and therefore details of monitoring should be included in the EMP. An EIA report
should provide clear information to the decision-maker on the different environmental scenarios
without the project, with the project and with project alternatives. Uncertainties should be clearly
reflected in the EIA report.

6. Public hearing Law requires that the public must be informed and consulted on a proposed
development after the completion of EIA report. Any one likely to be affected by the proposed
project is entitled to have access to the Executive Summary of the EIA. The affected persons
may include: • bonafide local residents; • local associations; • environmental groups: active in
the area • any other person located at the project site / sites of displacement They are to be given
an opportunity to make oral/written suggestions to the State Pollution Control Board.
Involvement of the public is one of the fundamental principles of a successful EIA process. It
not only provides an opportunity to those directly affected by a project to express their views on
the environmental and social impacts of the proposal but also brings about transparency in the
environmental clearance system. Nearly all EIA systems make some sort of provision for public
involvement. This could be in the form of public consultation (or dialogue) or public
participation (which is a more interactive and intensive process of stakeholder engagement).
Most EIA processes are undertaken through public consultation rather than participation. Public
consultation refers to the process by which the concerns of the local people regarding the
adverse impacts of a project are ascertained and taken into account in the EIA study. This
concept was legally introduced in India in the form of 8public hearing9 in 1997. Since then the
public hearing process has been conducted as a mandatory step of environmental clearance for
most projects and activities. The public consultation process ensures an equitable and fair
decision-making process resulting in better environmental outcomes. The type of consultation,
whom to consult during EIA activities, when and how to do so and who should do it all vary
significantly from project to project. This depends on the needs of the project. However, it is an
important component for all kinds of project. This is because public consultations help allay the
concerns of the local community, and reduce inaccurate information in the EIA report. Some
argue that it is better not to include the public in EIA as it will be quicker and most cost-effective
to exclude the public in EIA. Project proponents eager to implement their project may fear that
citizen involvement will delay their schedule or force them to revise the project. Public
participation may also be sometimes regarded as unnecessary because citizens lack project-
specific expertise and it is just necessary to educate citizens about the merits of the project. To
the project proponent, it may look more prudent to push the project through quietly rather than
run the risk of a public process. However, excluding the public does not ensure expediency
either. Alienated citizens tend to delay the implementation of the project though time consuming
legal action if they feel that their rights are curbed through project implementation (example
Silent Valley, Tehri Dam, Dahanu). Therefore, the project proponent needs to consider not only
the risks but also not refrain from including citizen input so as to reap the potential benefits of
establishing a long term co-operative relationship with citizens. Ideally public consultation
should start from when the idea of the project is conceived and continue throughout the course of
the EIA. The five main stages when public involvement can take place in the EIA process are
screening, scoping, impact analysis and mitigation, review of EIA quality, and implementation
and follow up. . In India, the role of the public in the entire environment clearance process is
quite limited. Public consultation happens at a very late stage when the EIA report is already
prepared and the proponent is about to present it to the review committee for clearance. This
means that the EIA study is unable to take into account the concerns and issues important to
public. Even if the members of the community raise certain issues in the public hearing process,
they have no means of knowing if it actually gets addressed in the final EIA report as they have
no access to it. There are several weaknesses in the public hearing process as it exists now.
Instead of becoming a participatory forum it has become a mere procedure. The EIA
Notification, 2006 contains very less about the entire public hearing process. It has even added a
provision which makes it possible to completely forego the public hearing process if the
situation is not conducive for conducting hearing as felt by the local administration. This
provision can be misused to further limit the role of the public in the entire process. There have
been several cases in the past that have shown that the public hearing process has failed to meet
its objective of effectively involving people in the clearance process. Several means have been
devised to keep the public away such as poor circulation of notice, politics, etc. Some cases of
poor public hearing proceedings are the Teesta Low Dam Project III and IV, the Sethusamudram
ship canal project, the Subansiri Hydroelectric Project, etc.

7. Environment Management Plan The Environment Management Plan (EMP) is prepared by the
Impact assessment authority after all the above provisions have been complied with. 8. Decision
making Decision making process involve consultation between the project proponent (assisted
by a consultant) and the impact assessment authority (assisted by an expert group if necessary)
The decision on environmental clearance is arrived at through a number of steps including
evaluation of EIA and EMP.

9. Monitoring the clearance conditions Monitoring should be done during both construction and
operation phases of a project. This is not only to ensure that the commitments made are
complied with but also to observe whether the predictions made in the EIA reports were correct
or not. Where the impacts exceed the predicted levels, corrective action should be taken.
Monitoring will enable the regulatory agency to review the validity of predictions and the
conditions of implementation of the Environmental Management Plan (EMP).

Composition of the expert committees for EIA

1. The Committees will consist of experts in the following disciplines:

(1) Eco-system management (2) Air/ water pollution control (3) Water resource
management (4) Flora/ fauna conservation and management (5) Land use planning
Environmental Science Senior Secondary Course Notes 164 MODULE - 7 Environmental
Management (6) Social Sciences/ Rehabilitation (7) Project appraisal (8) Ecology (9)
Environmental Health (10) Subject Area Specialists (11) Representatives of NGOs/persons
concerned with environmental issues.
2. The Chairman will be an outstanding and experienced ecologist or environmentalist or
technical professional with wide managerial experience in the relevant development.

3. The representative of Impact Assessment Agency will act as a Member- Secretary.

4. Chairman and members will serve in their individual capacities except those specifically
nominated as representatives.

5. The membership of a committee shall not exceed 15 members.

Roles of different actors in the EIA process

EIA process involves many parties, grouped by their role definition within the process.
The following section outlines the basic responsibilities of various bodies:

The Project Proponent

The Environmental Consultants
The State Pollution Control Board / Pollution Control Committees (PCCs)
The Public
The Impact Assessment Agency
The Role of the Project Proponent

The project proponent during the project planning stage decides the type of projects i.e.
new establishment, expansion or modernisation. Later the project proponent needs to prepare the
Detailed Project Report/Feasibility Report and submits the Executive Summary, which shall
incorporate the project details, and findings of EIA study, which is to be made available to
concerned public. The proponent has to approach the concerned SPCB for NOC and holding the
public hearing. After the public hearing the proponent submits application to IAA for
environmental clearance.

Role of Environment Consultant

Environmental consultant should be conversant with the existing legal and procedural
requirements of obtaining environmental clearance for proposed project. The consultant should
guide the proponent through initial screening of the project and establish whether EIA studies
are required to be conducted and if so finalise the scope of such study. The consultant should
also be fully equipped with required instruments and infrastructure for conducting EIA studies.
The environmental consultant is responsible for supplying all the environment-related
information required by the SPCB and IAA through the proponent. The consultant is also
required to justify the findings in the EIA and EMP during the meeting with the expert groups at
IAA.

The Role of the State Pollution Control Board (PCB) /Pollution Control Committee (PCC)
The State PCBs/PCCs are responsible for assessing the compatibility of a proposed
development with current operational and prescribed standards. If the development is in
compliance, the PCB will then issue its NOC. They shall also hold the public hearing as per the
provisions of EIA notification. The details of public hearing shall be forwarded to IAA.

The Role of the Public

 The public also has an important role to play in EIA. The concerned persons will be
invited through press advertisement to review information and provide their views on the
proposed development requiring environmental clearance.

The Role of the Impact Assessment Agency (IAA)

Where a proponent is required to obtain environmental clearance, the IAA will evaluate
and assess the EIA report. In this process the project proponent will be given a chance to present
his proposal. If a project is accepted the IAA will also prepare a set of recommendations and
conditions for its implementation based on this assessment. Environmental clearance conditions
and recommendations of IAA are made available to the public on request through SPCB and
through web site at http://envfor.nic.in. During the implementation and operation of the project,
the IAA will also be responsible for the environmental monitoring process.

EIA in India

EIA prior to 1994 In India, the assessment of projects for environmental impacts, though
not known in the exact manner as it is today, dates back a few decades. The first major instance
of incorporating provisions for the assessment of environmental impact of a project in any legal
instrument was seen in the case of Central Water Commission (CWC). In the guidelines issued
by CWC the in 1975, the Commission provided for conducting investigations regarding major
irrigation and hydroelectric projects. It was stated in the legal instrument of CWC under the
chapter on environment that the planning, construction and operation of projects have impacts on
ecology, some of which are irreversible. Therefore it would be necessary to carefully evaluate
these impacts. The actual EIA process in India was started in 1976-77 when the Planning
Commission asked the then Department of Science and Technology to examine the river-valley
projects from environmental angle. This was subsequently extended to cover those projects,
which required approval of the Public Investment Board. These were administrative decisions,
and lacked the legislative support. Initially, up till 1994, in India, EIA clearances existed in form
of 8Environmental Clearances9 and appraisals which were an administrative requirement only for
big projects undertaken by the Government or public sector undertakings. The Environmental
Clearances for these projects were carried out under administrative guidelines, which required
the project proponents of major irrigation projects, river valley projects, power projects, ports
and harbors, etc., to secure a clearance from the Union Ministry of Environment and Forests
(MoEF). The procedure required the authority to submit environmental information to the MoEF
by filling out questionnaires or checklists. The ministry9s Environmental Appraisal Committees
carried out the Environmental Clearances and appraisals.

EIA Notification 1994

The Government of India enacted the Environment (Protection) Act on 23rd May 1986.
To achieve the objectives of the Act, one of the decisions that were taken is to make
environmental impact assessment statutory. On 27th January 1994, the MoEF notified
mandatory EIA9s under Rule 5 of the Environment (Protection) Rules, 1986 for 29 designated
projects. This is the principal piece of legislation governing environmental impact assessment.
The notification made it obligatory to prepare and submit an EIA, an Environment Management
Plan (EMP), and a project report to an Impact Assessment Agency (Agency) and was required to
consult a multi-disciplinary committee of experts. The EIA provision was hence made a
mandatory requirement under the Environment Protection Act, 1986 with the following four
objectives:

1. Predict the environmental impact of projects

2. Find ways and means to reduce adverse impacts;
3. Shape the projects to suit local environment;
4. Present the predictions and options to the decision-makers.
The Notification legislated under the Environment Protection Act, 1986 was responsible
for ensuring that developmental projects (industries and infrastructure like dams, mines,
refineries, large commercial complexes, highways, power projects, etc.) account for their
environmental impacts as part of their planning and design processes. The notification specified
the process of obtaining Environmental Clearance (EC) for such projects, and also provided for
the only element of public participation that there is in the entire process, as such public input is
critical, among other things, for example, in ensuring that the sustenance of communities that
live in the project area are not threatened. According to Schedule II of the notification, the EIA
is expected to cover at least the following matters:

1. Description of the proposed activities;

2. 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
3. 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)
4. Description of the practical activities as appropriate
5. 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;
6. A risk assessment report and disaster management plan to mitigate adverse environmental
impacts of proposed activity and assessment of those measures;
7. An indication of the likely area to be affected by the proposed activity or its alternatives;
8. A detailed environmental feasibility report of all the information provided.
The EIA report is prepared and submitted to the agency for approval. The report is
required to include proposed measures to be undertaken by a proponent to mitigate or ameliorate
the negative environment effects. If approved, an environmental agency statement and certificate
of approval shall be issued by the agency. The Notification also mandates a public hearing, with
further review by a committee of experts in certain cases. Any member of the public can have
access to a summary of the Project Report and the detailed EMPs. Public hearings are statutory /
mandatory. This is the only piece of legislation that actually provides affected communities and
the wide public some scope in influencing the final outcome of the decision. 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). The EIA Notification, 1994 was subsequently amended time
and again. Amendments of 4th May 1994, 10th April 1997 and 27th January 2000 led to making
EIA mandatory for 30 activities. . Amendments to EIA Notification, 1994 Since its inception in
1994, the mechanism of EIA has come a long way before it was re-engineered in the year 2006
to overcome its limitation experienced over the years. This journey has proved to be a bumpy
ride for this administrative mechanism with as many as 13 amendments in 11 years to re-
engineering the whole process in 2006. The mechanism of EIA was devised to ensure that
projects like dams, mines, industries, highways bridges, etc. do not cause irreversible &
repairable damage to the environment. Despite started for a noble cause, experiences over the
years have revealed that many projects that should either stop or at least modified have slipped
through the cracks. Over the years of its existence, there is much more to be done when it comes
to implementing the EIA notification. Several changes were made to the original notification.
The first amendment came within a few months of the notification on 4th May 1994. Many more
were to follow. The EIA notification 1994 was amended almost 13 times in 11 years. While
most of the amendments diluted the process of environmental clearance process, there were
some, which also strengthened the process. Some of the key amendments are discussed as
follows: •

Amendment on 10th April, 1997:

The process of environmental public hearing (EPH) was introduced in the environmental
clearance process. The SPCBs were entrusted to conduct public hearing to get the views and
concerns of the affected community and interested parties for the proposed project. It was also
entrusted with forming an EPH committee to ensure fair representation in the public hearing
process. This amendment also made some changes with reference to the environmental clearance
required for power plants.

• Amendment on 13th June, 2002:

This amendment diluted the purpose of the notification exempting many industries from
the EIA process or from the entire environment clearance process on the basis of level of
investment.

It exempted pipeline and highway projects from preparing the EIA report, but these
projects would have to conduct public hearings in all the districts through which the pipeline or
highway passes.

A number of projects were totally exempted from the Notification if the investment was
less than Rs 100 crore for new projects and less than Rs. 50 crore for expansion/modernisation
projects.

Most of the industries exempted from the clearance process had a very high social and
environmental impact even if the investment was less than Rs 100 crore. For example, in case of
Hydel power projects, irrespective of the investment, there will be social impacts due to
displacement.

No EIA was required for modernization projects in irrigation sector if additional

command area was less than 10,000 hectares or project cost was less than Rs. 100 crore.

• Amendment on 28th February, 2003: This amendment added a little tooth to the notification. It
took into consideration location-sensitivity into the environment clearance process. This
amendment prohibited certain processes and operations in specified areas of the Aravalli range.

• Amendment on 7th May 2003: The notification was amended to expand the lists of activities
involving risk or hazard. In this list, river valley projects including hydel power projects, major
irrigation projects and their combination including flood control project except projects relating
to improvement work including widening and strengthening of existing canals with land
acquisition up to a maximum of 20 metres, (both sides put together) along the existing
alignments, provided such canals does not pass through ecologically sensitive areas such as
national parks, sanctuaries, tiger reserves and reserve forests.

• Amendment on 4th August 2003: This amendment was similar to the one in February 2003
that tried bringing in location-sensitivity in the entire environmental clearance process. Any
project located in a critically polluted area, within a radius of 15 kilometres of the boundary of
reserved forests, ecologically sensitive areas, which include national parks, sanctuaries,
biosphere reserves; and any State, had to obtain environmental clearance from the Central
Government.

• Amendment on September 2003: Site clearance was made mandatory for green field airport,
petrochemical complexes and refineries. Moreover, the amendment added that no public hearing
was required for offshore exploration activities, beyond 10 km from the nearest habitation,
village boundary, goothans and ecologically sensitive areas such as, mangroves (with a
minimum area of 1,000 sq.m), corals, coral reefs, national parks, marine parks, sanctuaries,
reserve forests and breeding and spawning grounds of fish and other marine life. .

• Amendment on 7th July, 2004: It made EIA mandatory for construction and industrial estate.

• 13th Amendment on 4th July 2005: The amendment provided that projects related to expansion
or modernization of nuclear power and related project, river valley project, ports, harbors and
airports, thermal power plants and mining projects with a lease area of more than 5 hectares
could be taken up without prior environmental clearance. The Central Government in the
Ministry of Environment and Forests may, on case to case basis, in public interest, relax the
requirement of obtaining prior environmental clearance and may, after satisfying itself, grant
temporary working permission on receipt of application in the prescribed format for a period not
exceeding two years, during which the proponent shall obtain the requisite environmental
clearance as per the procedure laid down in the notification. The grant of temporary working
permission would not necessarily imply that the environmental clearance would be granted for
the said project. The amendments have passed biased notion of MoEF towards industrial
chambers. These amendments brought about on the basis of investment limits had proved to be a
escape-gate for various projects for which there was a need for a proper check for their impacts
on environment. For instance, until 2002, projects above Rs 50 crores needed clearance but this
was amended to Rs 100 crores. A draft notification was prepared with special consultations with
the industry associations at the behest of the Prime Minister9s Office and was published on 15th
September, 2005. This was put up for public comment for a year and was then notified on 14th
September 2006.

EIA Notification 2006

The currently applicable EIA notification was introduced by the MoEF on 14th
September, 2006. This was a year after the draft notification was placed on the MoEF website, in
response to which, comments were sent by several groups and organizations. Since objective of
EIA Notification 2006 was to address the limitations in the old EIA Notification (1994), various
modifications have been incorporated, which the Ministry claims to have done after taking into
account the feedback from the different stakeholders. Though, there have been some
improvements in the new notification over the previous one, it has certainly failed to meet the
expectations of the various stakeholders, especially members of the civil society, NGOs and
local community. The EIA-2006 is an outcome of the recommendations made by the
Govindarajan Committee. It was constituted to examine the procedures for investment approvals
and project implementation. It found that the environment clearance causes maximum delay to
projects and recommended that some of the cumbersome procedures be modified. Consultations
on the draft notification were held only with representatives from industry and central
government agencies (Asscom, FICCI, CII and MoEF). The 2006 Notification has tried bringing
in more number of projects within the purview of the environmental clearance process. As a
result, a revised list of projects and activities has been redrawn that requires prior environmental
clearance. Most importantly, there is no categorization of projects requiring EIA based on
investment, rather size or capacity of the project determines whether it is cleared by the central
or state government. . The major difference in the EIA Notification 2006 from the earlier one
(1994) is its attempt to decentralize power to the State Government. Earlier all the projects under
schedule went to the Central Government for environmental clearance. However, as per the 2006
notification, significant number of projects will go to the state for clearance depending on its
size/capacity/area. For this, the notification has made a provision to form an expert panel, the
Environment Appraisal Committees (SEAC) at the State level. Though this is a good attempt to
reduce the burden on the central government, however, this provision can be misused as in many
cases state government is actively pursuing industrialization for their respective state. The
notification has also failed to mention if there would be some sort of monitoring of state level
projects by the central government. The notification also talks about 8Scoping9, which was
completely missing earlier. The terms of reference (ToR) of the project will now be decided by
the SEAC at the state-level and by Environment Appraisal Committees (EAC) at the Central
level. This will be decided on the basis of the information provided by the proponent. If needed
the SEACs and EACs would visit the site, hold public consultation and meet experts to decide
the ToR. The final ToR has to be posted in the website for public viewing. Though this seems
good on paper, however, the proponent itself is providing the information for finalisation of ToR
and moreover there is no compulsory provision for public consultation. Further, if the EAC does
not decide the ToR within the stipulated time, the project proponents can go ahead with their
own ToR. Though there is clear mention of appraisal in the EIA process, there is no mention of
post monitoring, a very important part of the entire EIA process. . The area where there could
have been major improvements in environment clearance process, i.e. public consultation, the
2006 EIA notification is a major disappointment. The public consultation as was earlier done
will still be conducted at the end of the environment clearance process where there is very little
scope for the public to play any active role. . Moreover, the 2006 Notification has made few
changes that weaken the public consultation process. There is a provision in the notification
where a public consultation can totally be foregone if the authorities feel the situation is not
conducive for holding public hearing. This can limit the involvement of people. Further, the
consultation process has been divided into public hearing for local people and submission in
writing from other interested parties. If this is the case, then NGOs/civil society organization will
not be able to take part in the public hearing process, which will significantly affect the
efficiency of the consultation process. . The focus of the 2006 Notification has been to reduce
the time required for the entire environment clearance process. The earlier process took around
14-19 months for Rapid EIA and 21 to 28 months for comprehensive EIA. As per the
notification, the category A project will be completed only in 10.5 to 12 months. There seems to
be no justification for this and may result in compromising on the efficiency and transparency of
the clearance process, which was quite evident from the earlier notification even though the
process had more time.

Infrastructure Development and Environment

Introduction

The term infrastructure generally refers to the physical framework of facilities through
which goods and services are provided to the public. The extent of infrastructure affects not only
production and consumption directly but also will have an impact on every sector of economy.
Historically World over the infrastructure provision is predominantly done by Govt. or
Government agencies with little involvement of private sector. However, the scenario has
changed with times and India too has joined the band wagon of other Countries in involving
private sector after 1991 liberalization as investments for developing infrastructure to World
standards are very high. To enable the country to raise its resources the only option Government
foresees is involvement of Private sector. Too woo the private sector Government has to provide
lot of incentives sometimes at the cost of natural resource management and environment.
Though the infrastructure sector include wide spectrum of activities/services, the present paper
focus only on power, roads and ports development since these are the areas which has direct and
indirect short term as well as long term impacts on environment and natural resource
management. Environmental Clearance in India The environmental clearance after EIA study
was started in 1978 as a directive of Planning Commission for Government of India funding.
This was to be done by NCEPC under Department of Science and Technology, Govt. of India.
After formation of Department of Environment (DE) 1980 the same job has been transferred to
Department of Environment from DST. In the Country Environmental clearance and EIA has
become mandatory only in 1994 for selected projects whether they are executed with State funds
or private funds. Infrastructure development commenced by both public and private sector are to
obtain environmental clearances and get EIA done. This position stands affirmed even after the
new notification in 2006 was issued for the EIA. EIA is a planning tool that is now generally
accepted as an integral component of sound decision-making. The objective of EIA is to foresee
and address potential environmental problems/concerns at an early stage of project planning and
design. EIA/EMP should assist planners and government authorities in the decision making
process by identifying the key impacts/issues and formulating mitigation measures. Ministry had
issued sectoral guidelines some time ago. EIA of any infrastructure covers the whole gamut of
issues like regulatory requirements, baseline studies, and identification of key issues and
consideration of alternatives, impact analysis and remedial measures in a systematic way. It also
involves the process of reviewing the adequacy of EIA and EMP reports and postproject
monitoring. The infrastructure projects to be cleared are subjected to an appraisal by
Environment Appraisal Committee (EAC). The projects requiring forest/wildlife clearance are
cleared for environmental clearance only after these are obtained. The projects requiring
environmental clearance are also required to obtain NOC from the respective State Pollution
Control Board under Water and Air Acts, Land and Water Availability approvals from State
Government. 5.3. National Environment Appellate Authority Act, 1997 The environmental
clearance so given under Environment (Protection) Act, 1986 could be appealed to National
Environmental Appellate Authority constituted as per the National Environment Appellate
Authority Act, 1997. The National Environment Appellate Authority Act came into force in
1997. It aims to provide for the establishment of a National Environment Appellate Authority to
hear appeals with respect to restrictions of areas in which any industries, operations or processes
shall not be carried out or shall be carried out subject to certain safeguards under the
Environment (Protection) Act, 1986 and for matters connected therewith or incidental there to.
As per this Act any person aggrieved by the order of granting environmental clearance for
industry process in the prohibited areas or granted any conditional clearance, may approach
authority within 30 days from the date of such order as per the procedure and form prescribed.
The authority however has the discretion to entertain such appeal even after 30 days but not after
90 days from the date of order/clearance, provided they are satisfied there is sufficient ground
for filing the appeal. The authority shall dispose the petition within 90 days from the date of
filing the appeal. The authority while processing or hearing the petition shall be guided by
principles of natural justice and subject to the provisions of the Act and rules made Central
Government could be there is a bar of Jurisdiction that no civil Court or other authority not to
entertain any appeal on this matter, the interested parties have rarely preferred public interest
litigation's over appeal to this authority.

• Developmental projects are an essential component of economic development and progress of

a country.

• To prevent adverse impacts of developmental projects and programmes an environment,

Environmental Impact Assessment or EIA is carried out before the implementation.

• While development is important, more important is environmental protection so that there is

sustainable development and the environmental resources remain available to future generations.

• EIA is tool for anticipating any harmful effects or developmental activities on the environment.
As it clears the project plans only after mitigating all probable damaging effects on the
environment.

• As a tool EIA improves decision making and ensures environmental safety.

• With EIA, a project is implemented with minimal damage to the environment

. • Important aspects of EIA are (i) risk assessment, (ii) environmental management and (iii) post
product monitoring.

• Integrity, utility and sustainability are the core values of EIA.

• There are several legal bases of EIA as it not only appraises environmental health but also the
social implications of planned developmental projects.

• In India the projects that require clearance for the government are related to industries, mining
power plants, river valley projects, nuclear power projects and coastal regulation zone (CRZ).

• The environmental components of EIA are associated with air, water, organisms, noise, and
land.
• The EIA report is prepared after the following are carried out: - collection of baseline data -
prediction of impact - evaluation of net cost benefit versus evolution of impacts - monitoring
strategies and mitigation strategies and their quantities estimation. - environmental monitoring
plans

• EIA processes are screening, scoping, collection of baseline data, impact prediction, mitigation
measures, public hearing, decision making, monitoring and implementing EMP and risk
assessment

• Experts from ecosystem management, pollution control, resource management, land use
planning, rehabilitation project appraisal, ecology, and NGOs concerned with environmental
issues

• Procedure for Environmental appraisal in India stepwise are (1) submission of documents by
investor. (2) scrutiny by multidisciplinary staff or Ministry of Environment and Forests. (3)
placement before experts and evaluation by them. (4) recommendations from Appraisal
Committees are their passed by Ministry of Environment and Forests. (5) ministry accepts or
rejects proposal.

• Clearance or rejection issues are (a) single window clearance (b) time frame and (c) post
project monitoring.

• The participants in EIA are (i) developer who proposes the project, (ii) government
departments which regulate the projects and (iii) the general public

• There are various steps in forestry clearance or for obtaining environmental clearance for
various projects.

• An effective EIA is focused, time bound, cost effective and reliable.

• There are 30 projects which require environmental clearance

List of projects requiring environmental clearance from the central government

1. Nuclear power and related projects such as heavy water plants, nuclear fuel complex,
rare earths.
2. River valley projects including hydel power, major irrigation and their combination
including flood control.
3. Ports, harbours, airports (except minor ports and harbours).
4. Petroleum refineries including crude and products pipelines.
5. Chemical fertilisers (nitrogenous and phosphatic other than single superphosphate).
6. Pesticides (technical).
7. Petrochemical complexes (both olefinic and aromatic) and petrochemical intermediates
such as DMT, Caprolactam, LAB etc, and production of basic plastics such as LDPE,
8. Bulk drugs and pharmaceuticals
9. Exploration for oil and gas and their production, transportation and storage
10. Synthetic rubber
11. Asbestos and asbestos products
12. Hydrocyanic acid and its derivatives
13. Primary metallurgical industries (such as production of iron and steel, aluminium, copper,
zinc, lead, and ferro-alloys)
14. Chlor alkali industry
15. Integated paint complex including manufacture of resins and basic raw materials required
in the manufacture of paints
16. Viscose staple fibre and filament yarn
17. Storage batteries integrated with manufacture of oxides of lead and lead antimony
alloy
18. All tourism projects between 200m-500 metres of High Water Line and at locations
with an elevation of more than 1000 metres with investment of more than Rs. 5 crore
19. Thermal power plants
20. Mining projects (with lease more than 5 hectares)
21. Highway projects except projects relating to improvement work including widening
and strengthening of roads with marginal land acquisition along the existing alignments
provided it does not pass through ecologically sensitive areas such as National Parks,
Sanctuaries, Tiger Reserves, Reserve Forests
22. Tarred roads in the Himalayas and forest areas
23. Distilleries
24. Raw skins and hide
25. Pulp, paper and newsprint
26. Dyes
27. Cement
28. Foundries (Individual)
29. Electroplating
30. Meta aminopheno