Public Involvement - cusb.ac.in

MSESC2001C04 – Unit IV

Public Involvement

Involvement

Consultation

Participation

Only for M. Sc. Env. Sc. students (IInd Sem) of CUSB. Compiled from various sources.

Dr. Prashant

Assistant Professor

Department of Environmental Science

Definition and Interpretation

• The term public involvement is interpreted differently by different people. Different terms are used for identifying the level and degree of public involvement. Terms such as involvement, consultation and participation have often been used interchangeably even though they differ in the level of involvement


Why public involvement

• to enable productive inputs and perceptions from government agencies, private citizens, and public interest groups to improve quality of environmental decision-making (Canter, 1996).

• The World Bank has found that public participation in EIA tends to improve project design, environmental soundness and social acceptability


Why public hearing?

Rich areas, poor people • No local benefits, Only cost - The wealth of development

projects doesn’t trickle down.

• Development projects inevitably displace, but do not replace

• Poor, almost non-existent rehab and resettlement


Public involvement

• Contribute to EIA studies in – Successful design,

– implementation,

– operation and

– management of proposals.

Specifically public involvement is a valuable source of information on

– key impacts, potential mitigation measures and

– the identification and selection of alternatives


Purpose of public involvement

• Inform the stakeholders about the proposal and its likely effects;

• Take account of the information and views of the public in the EIA and decision making.


Objective • Obtain local and traditional knowledge that may be useful for

decision-making; • Facilitate consideration of alternatives, mitigation measures and

trade offs; • Ensure that important impacts are not overlooked and benefits are

maximised; • Reduce conflict through the early identification of contentious

issues; • Provide an opportunity for the public to influence project design in

a positive manner (thereby creating a sense of ownership of the proposal);

• Improve transparency and accountability of decision-making;


Who are the EIA ‘stakeholders’

• Stakeholders as ‘all those people and institutions who have an interest in the successful design, implementation and sustainability of the project. This includes those positively and negatively affected by the project. Stakeholder participation involves processes whereby all those with a stake in the outcome of a project can actively participate in decisions on planning and management. They share information and knowledge, and may contribute to the project, so as to enhance the success of the project and hence ultimately their own interests’.


Levels and forms of public involvement

Level Form of involvement

Informing One way flow of information from the proponent to the public

Consulting Two way flow of information between the proponent and the public with opportunities for the public to express views on the proposal

Participating Interactive exchange between the proponent and the public encompassing shared analysis and agenda setting and the development of understood and agreed positions on the proposal and its impacts

Negotiating Face to face discussion between the proponent and key stakeholders to build consensus and reach a mutually acceptable resolution of issues, for example on a package of impact mitigation and compensation measures.


The benefits of effective participation for different groups

The proponent The decision-maker Affected communities

Raises the proponent’s awareness of the potential impacts of a proposal on the environment and the affected community

Achieves more informed and accountable decision making

Provides an opportunity to raise concerns and influence the decision-making process

Ensures greater acceptance and support

Provides increased assurance that all issues of legitimate concern have been addressed

Provides an opportunity to gain a better understanding and knowledge about the environmental impacts and risks that may arise

Improves public trust and confidence

Demonstrates fairness and transparency, avoiding accusations of decisions being made ‘behind closed doors’

Increases awareness of how decision-making processes work, who makes decisions and on what basis

Assists by obtaining local information/data

Promotes good relations with the proponent and third parties

Empowers people, providing the knowledge that they can influence decision making and creating a greater sense of social responsibility

Avoids potentially costly delays later in the process by resolving conflict early

Avoids potentially costly delays later in the process by resolving conflict early

Ensures all relevant issues and concerns are dealt with prior to the decision

Source: Institute of Environmental Management & Assessment (1999)


Benefits of Stakeholder Involvement in EIA


Key principles for public involvement

• Open and transparent – steps and activities are understood;

• Fair – conducted impartially and without bias toward any stakeholder;

• Inclusive – covers all stakeholders;

• Credible – builds confidence and trust.

• Relevant – focused on the issues that matter;

• Responsive – to stakeholder requirements and inputs


Where does India stand?

• India: Public ‘Consultation’ only at the end of the EIA process / study

• Europe: NGOs and affected people consulted at screening, scoping and EIA review stage

• Japan: Provision of feedback at screening, scoping and draft EIA stage

• Canada: People consulted at screening, scoping and draft EIA stage

• Netherlands and Denmark: Public participation and consultation required


Public Involvement Techniques

Communication Characteristics*

Public Participation/ Communication Technique

Pubic Information and Participation Objectives

Level of Public

Contact Achieved

Ability to handle Specific Interests

Degree of 2-way Comm.

Inform/ Educate

Identify Problems/ Values

Get Ideas/ Solve

Problems

Feedback

Evaluate Resolve Conflict/ Consens

us

2 1 1 Public Hearings X

X

X

2 1 2 Public Meetings X X

X

1 2 3 Informal Small Group Meetings X X X X X X

2 1 2 General Public Information Meetings

X

1 2 2 Presentation to Community Organization

X X

X

3 1 2 Public Displays X

X X

2 1 2 Model Demonstration Projects X

X X X

3 1 1 Material for Mass Media X

1 3 2 Response to Public Inquiries X

*Level of participation: 1 = low, 2 = medium, 3 = high.


s

3 1 1 Press Releases Inviting Comments X

X

1 3 1 Letter Requests for Comments

X X

1 3 3 Workshops

X X X X X

1 3 3 Task Forces

X X

X

2 3 1 Public Review of Initial Assessment Decision Document

X X X X X X

Communication Characteristics*

Public Participation/ Communication Technique

Pubic Information and Participation Objectives

Level of Public

Contact Achieved

Ability to handle Specific Interests

Degree of 2-way Comm.

Inform/ Educate

Identify Problems/ Values

Get Ideas/ Solve

Problems

Feedback

Evaluate Resolve Conflict/ Consens

us

Ref. Institute of Environmental Management & Assessment (1999), Draft Guidelines on Public Participation in Environmental Decision Making. Institute of Environmental Management & Assessment, Lincoln, UK.

*Level of participation: 1 = low, 2 = medium, 3 = high.


Public hearing process in India

• Arranged by : SPCB / UTPCCs

• Applicant make a request - Member Secretary of the SPCB/UTPCC

• If site extending beyond - SPCB/UTPCC (all concerned) separate application – Enclose - draft EIA Report , Summary EIA (English and in the local language)

• Applicant shall also forward the same to (within jurisdiction)

MoEF

DM’s office

Zila Parishad or Municipal Corporation

District Industries Office

Regional office of MoEF

• These agencies widely publicize and request the interested persons to send their comments

(regulatory authority)

• Availability of draft EIA for inspection (electronically and hard copy)

• SPCB / UPTCC also make similar arrangements, make available the Summary of the draft EIA (selected offices or public libraries or

panchayats ) to all above five authorities


Notice of public hearing

• Member-Secretary of the concerned SPCB or UTPCC – finalize the date time and exact venue

– within 7 days

– advertise the same in one major National Daily and one Regional vernacular Daily

– minimum notice period of 30 days

• places or offices where the public could access the draft EIA and EIA Summary

• No postponement of the date, time, venue of the public hearing (in cases only on recommendation of DM)


• DM / ADM assisted by a representative of SPCB or UTPCC supervise and preside PH

• Panel: DM and one SPCB representative • Videography • All responses to be noted down, read out to audience in vernacular

language and minutes to be sent to SPCB

• The attendance of all those who are present at the venue shall be noted and annexed with the final proceedings.

• There shall be no quorum required for attendance for starting the proceedings.

• Representative of applicant initiate proceedings

• Proceedings of the shall be displayed at office of the Panchyats, Zila Parishad, District Magistrate ,and the SPCB or UTPCC.

• SPCB or UTPCC display it on their website

• Hearing to be conducted close to the site

Public hearing process in India


• Lack of involvement - resulted in numerous problems – Sardar Sarovar project there has been inadequate resettlement plans

– Restricted access to natural resources

Example Issues

Sardar Sarovar Project (SSP)

Poor quality of EIA studies; Complete EIA studies are still not available; Lack of sufficient social and environmental data ; Large scale displacement without adequate plans; Dispersion of homogenous communities; Insufficient rehabilitation measures;

Konkan Railway Project

Lack of consensus on rail route among stakeholders Concern over destruction of fragile ecosystem, wetlands, historical sites and disruption of life in southern Goa;

Dabhol Power Plant Insufficient information provided to local people; Insufficient involvement of people leading to concern and fear of consequences of the project;


What can be done?

• Try to ensure that rules and regulations are followed

• Make sure people know about the hearing

• Make sure people understand the implications of the project

• Make sure the right issues reach the concerned authorities

• Use the judicial system

• If nothing else works, shout NEAA


Conclusion

• No public involvement programme will be effective unless the proponent is – Serious in engaging with the community in a two-way

dialogue

– Open minded to what it can contribute to the proposal.

• Key prerequisites are a – willingness to listen to the information, values and

concerns of the community,

– to amend the proposal so as to minimise community concerns,

– to acknowledge the value of community input.


PUBLIC HEARING (PH)

• Exceptions to certain projects

• To be completed in 45 days

• DM to chair the PH

• Alternate Public Authority / Agency to be nominated by

MoEFCC in case SPCB fails to comply with time limit

• Videography of proceedings must and to be enclosed

with application for EC

• Preparation of PH proceedings and signature by DM on

the same day

• Display of PH Proceedings in web site and other Govt.

offices


• http://environmentclearance.nic.in/writereaddata/EIA%20Notifications.pdf

• Anjaneyulu, Y. (2007) Environmental Impact Assessment Methodologies, B.S. Publication, Sultan Bazar, Hyderabad.


http://environmentclearance.nic.in/writereaddata/EIA Notifications.pdf

http://environmentclearance.nic.in/writereaddata/EIA Notifications.pdf

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Public Involvement - cusb.ac.in