HS 228Environmental Clearance procedure in India

Ajay Shankar BidyarthyMathematics and ComputingDepartment of Mathematics

INTRODUCTION

- Environmental clearance process is required for 39 types of projects; main purpose is to assess the impact of the planned project on environment and people

In India till 1980 most projects were cleared without any environmental

clearance

Introduction

National committee on environment planning was setup in 4th five year plan (1969 – 1978). Before 1980, all issues related to environmental clearance were dealt by Department of Science and Technology.

=> 1980, Department of Environment setup to deal with such issues.=> Department of Environment upgraded to Ministry of

Environment and Forest in 1985.=> In 1994 MOEF issued guidelines for EIA

MOEF Ministry of Environment and

Forest

EIAEnvironmental impact

assessment

Steps in Clearance

Start

Site Selection

Apply for NOC

EIA Study

Public Hearing

After NOC, Proponent applies for final clearance with MOEF/State Govt.

Review by Environment Appraisal Committee

Conduct EIA

Change suggested

Accepted Rejected

Process of Clearance Project proponent has to submit a report that assesses

the impact of project on environment called EIA to SPCB, for which it hires a consultant.

This report is then assessed by SPCB in the following Steps :-

1. Screening

- It is the most preliminary step of assessment.

- SPCB has record and data of impacts that have been caused by projects in the past based on which it develops threshold levels

- If the projects impact is less than these threshold, the project is given clearance straight away. Otherwise the proponent has to go to the next level : Preliminary assessment

State Pollution Control Board

Process of Clearance2. Preliminary Assessment

- Involves more research and review of the EIA data based on which clearance is given.

** Drawback in Indian System :-

1. Law investment projects are given clearance straight away.

2. Consultants hired by proponents are under pressure to get clearance

3. False data in EIA

4. Corruption

5. Lack of Expertise amongst consultant

e.g. Reliance refinery in Orissa

Process of Clearance

3. Formation of EIA Team

- If the project fails screening and preliminary assessment, EIA report is sent to a team of experts hired by SPCB for detailed review.

** Drawback :-

- Team members lack expertise in social and wildlife impact studies in INDIA

Process of Clearance4. Identification and Scoping

- In scoping, the expert team tries to estimate which sections of society, environment and economy would be affected.

- It does so by holding discussions with people of respective fields.

- Based on scoping and results of preliminary study, the team identifies the issues of conflict which need to be studies.

** Drawbacks :-

- Local peoples opinion not taken at this initial level.

- Experts study only direct impacts in INDIA

Process of Clearance5. Prediction and Evaluation

- Use of Mathematical and Physical models to predict impacts and evaluating the prediction : whether they will be significant or not.

** Drawbacks :-

- Because of narrow scoping, all impacts are not predicted.

- Detail of Method of prediction, evaluation never disclosed.

- Inaccurate prediction in many case.

Process of Clearance6. Mitigation

- Suggesting alternative measures to proponent like paying concessions to people, offering restoration of resourses, use of cleaner technology

** Drawbacks :-

- Lack of transparency

- People not informed about preparedness measure

Process of Clearance7. Public Hearing

- Public hearing involves a discussion between the project proponent and the representatives of society.

- It is done to include the concerns of all sections of the society in the decision making process.

- It involves :-

=> SPCB representatives=> District Collector

=> State Govt. representatives=> 3 representative of Gram Panchayat

=> 3 senior citizen nominated by collector

Process of Clearance** Drawbacks :-

- Many projects exempted from public hearing.

- Public opinion not given much importance.

- Illiterate people can not defend themselves.

- Corruption :

- Public hearing notice not given 30 days before as per nomination.

- People are not given access to EIA documents as per norms.

Proponent, Govt. nexus

Process of Clearance8. Environment Appraisal Committee

- After NOC from SPCB, proponent approaches state or MOEF for clearance which forms a committee of experts to analyze the project. Committee has to give clearance within 90 days.

** Drawbacks :-

- State NOC which is assumed to be environment clearance by the proponents and project is started before EAC clearance

- Decision making is not transparent. No reason or explanation is given to people.

- Information regarding govt. decision making is not dissipated among citizens.

Environmental appraisal committee

Suggestions Regarding Process of Clearance

Independent regulatory body of experts instead of SPCB.

Report quality improvement

Proper format of report having segments like- Impact on biodiversity

- Impact on plans for animal- Impact on aquatic life

Use of format which makes EIA report conclusive and less bulky.

Centralized data bank. Appointment of consultants by regulatory body.

Suggestions Regarding Process of Clearance Transparency

Main EIA

Info desk to reach out to massesDecision making should be transparent

Updated website

More professional experts needed so that study and prediction are accurate

People’s opinion should be taken at the stage of scoping

Evaluation and mitigation to be transparent

Suggestions Regarding Process of Clearance Public hearing

Scope of public hearing should be widenedEIA document should be available in local languages to

peopleVideo recording of hearing

Thank you