EIA Notification 2006

  Schedule EIA 2006


List of industries we have discussed in previous unit, now we will discuss the details of clerance process under 2006 Notification.

  Application for Prior Environmental Clearance


An application seeking prior environmental clearance in all cases shall be made in:

1. Fill Form 1 and Supplementary Form 1A

  • Form 1 mandatory for all projects
  • Form 1A only for Category 8 projects (construction)

2. Identification of prospective site(s) and activities

3. Terms of Reference (TOR) describes the approach and method for carrying out the EIA of the Project

4. Submit pre-feasibility report for all projects and conceptual plan for construction activities

  Stages in Prior Environmental Clearance Process


There are four steps in EIA process before giving EC

 

 

 

  1. Screening


It is basically a process which decide whether project need EIA or not.

Screening is done only for B category projects and activities to determine if they need EIA as Category A projects compulsorily need EIA

Screening refers to scrutiny of category ‘B’ projects seeking prior environmental clearance made in Form-1/Form 1A by the concerned State Level Expert Appraisal Committee for determining whether or not the project requires further environmental studies for preparation of EIA for its appraisal depending upon the nature and location specificity of the project

Screening categorize projects into either B1 or B2. Specific guidelines to be evolved by MoEF time to time for the process.

  2. Scoping


Scoping refers to the process that determine detailed and comprehensive Terms of Reference (TORs) addressing all the relevant  environmental concerns for the preparation of EIA report. It is done by:

  • EAC in the case of Category ‘A’ projects or activities
  • SEAC in the case of Category ‘B1’ projects or activities

Basis of Determination:

  • the information furnished by applicant in the prescribed application Form1/Form 1A including
  • TOR proposed by the applicant
  • A site visit by a sub- group of EAC or SEAC only if considered necessary

No scoping for Construction projects (Category 8)

Category ‘B’ in Item 8 of the Schedule (Construction/Township/Commercial Complexes /Housing) shall not require Scoping and will be appraised on the basis of Form 1/ Form 1A and the conceptual plan.

 

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.

Approved TOR shall be displayed on the website of the MoEF or the concerned SEIAA.Applications for EC may be rejected at this stage itself, the decision together with reasons for the same shall be communicated to the applicant with in 60 days. After this step EIA draft report is prepared.

 

Timeline of 60 Days

  3. Public Consultation


Public Consultation refers to the process by which the concerns of 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

Conducted by SPCB for States or Union territory Pollution Control Committee (UTPCC) for UT

 

Projects Exempted from Public Consultation 

These six category of projects do not need to do Public consultation

Timeline of 45 days, if not can ask some other authority for another 45 days

Public Hearing Procedure - Appendix IV

  1. Request through a simple letter to the Member Secretary of SPCB
  2. Request Letter + 10 hard and soft copies of Draft EIA report as per TOR. EIA summary to be given in English and local language
  3. Also have to send one copy of Draft EIA report and summary to MoEF Should be available in District Magistrate/s, Zila Parishad or Municipal Corporation, District Industries Office, Concerned Regional Office of the Ministry of Environment and Forests
  4. SPCB or UTPCC shall finalize the date, time and exact venue for the conduct of public hearing within 7(seven) of receipt of draft EIA report an publish in 2 newspaper (national and regional)
  5. Alternate Public Authority / Agency to be engaged by MoEF in case SPCB fails to comply with time limit
  6. PH should be video graphed and a tape of proceedings must and to be enclosed with application for EC
  7. All views must be noted down by SPCB and should be announced in end of PH in local language and DM should sign it and sent on the very same day SEAC
  8. The proceedings should be displayed in all concern offices and in websites of MoEF and concern offices
  9. Make changes in the draft EIA report addressing all public views, concerns and recommendations
  10. Final EIA report must be then submitted to authorities for appraisal

  4. Appraisal


Appraisal means the detailed scrutiny by the Expert Appraisal Committee or State Level Expert Appraisal Committee of the application and other documents submitted by the applicant for grant of environmental clearance

  1. Final Environment Impact Assessment Report [20(twenty) hard copies and 1 (one) soft copy)]
  2. A copy of the video tape or CD of the public hearing proceedings
  3. A copy of final layout plan (20 copies)
  4. A copy of the project feasibility report (1 copy)

 

  • Scrutiny to be done in 30 days by EAC/SEAC
  • Scrutiny of Category-8 projects (No PH) should be done as per the Form 1, Form 1A and conceptual Plan
  • Should take maximum 60 days for appraisal of such projects
  • Meeting should be fixed and applicant should be informed 15 days prior to it
  • Minutes of the EAC /SEAC meeting shall be finalised within 5 working days of the meeting and displayed on the website of the concerned regulatory authority
  • In case recommended for grant of EC, then the minutes shall clearly list out the specific environmental safeguards and conditions
  • In case the recommendations are for rejection, the reasons for the same shall also be explicitly stated

  State Level Environment Impact Assessment Authority (SEIAA)


SEIAA shall be constituted by the Central Government

  • SEIAA is an independent body
  • Three (3) Member SEIAA to be notified by MOEF on receiving nominations from all concerned States and UTs
  • Chairman and other member shall be experts fulfilling the eligibility criteria given in Appendix VI.
  • Chairman shall be an expert in EIA process
  • Member Secretary shall be a serving officer of the State Government familiar with environmental laws
  • MoEF to notify SEIAAs within 30 days from the date of receipt of nominations
  • Time period for Authority defined (3 years)
  • Decision of the Authority shall be on the basis of consensus
  • No funding from MoEF

Expert Committee Eligibility

 

 

  Expansion/Modernization Projects


  • Projects with increase in the production capacity, increase in either lease area, modernization of an existing, change in process or technology or involving a change in the product –mix shall apply in Form 1
  • EAC/SEAC will decide necessity of EIA / Public consultation within 60 days for prior environmental clearance

  Grant or Rejection of EC


  • The regulatory authority shall consider the recommendations of the EAC or SEAC concerned and convey its decision to the applicant with in 45 days of receipt of the recommendations

 

  • The regulatory authority shall normally accept the recommendations of the Expert Committees

 

  • In cases where it disagrees with the recommendations of the Expert Committee (Central or State), the regulatory authority shall request reconsideration by the Central or State Expert Appraisal Committee

 

  • After reconsideration, irrespective of views of Expert Committee, decision of the regulatory authority concerned shall be final

 

  • The granted EC can be transferred on the same terms and conditions on receiving the written No Objection from the transferor to the EAC/SEAC

  Validity of Environmental Clearance


  Post Project Monitoring


Project Proponent to submit Half yearly compliance report to stipulated conditions in hard and Soft copy (Submit by 1st June and 1st December)

Compliance reports are public documents and displayed in the MoEF/ SEIAA web-sitesq

Post project monitoring in respect of Category ‘A’ and ‘B1’ Projects to be carried out by MoEF’s Regional Offices

  Summary of EIA process and timelines


  Generic Structure of EIA report


  2006 Verses 1994 Notification


EIA 2006 Notification made EIA a very structured system with minimized the time of Environmnetal clearance.

  • No NOC for Environmental Clearance
  • Revised Schedule based on potential impacts instead investment criteria
  • Categorization into A and B1 & B2
  • Category A at Central level, Category B1, B2 at State level (with exceptions)
  • Check-list information in Form-1/Form-1-A
  • Scoping to determine TORs for EIA, if required;
  • Scoping stage incorporate site clearance – No separate site clearance is require
  • Public consultation structured; To be conducted by SPCB and presided by DM (with in 45 days); proceedings to be video graphed; MoEF to intervene if PH not held in time
  • Time limits with consequences at each stage
  • State Level Environment Impact Assessment Authority (SEIAA), Expert Appraisal Committees (EAC) – Notification defines qualifications/experience 

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