EIAEIACourse: LLB I

Subject: Environmental LawUnit : 4

EIA• ENVIRONMENTAL IMPACT ASSESMENT • Objective ------- to identify and

subsequently predict the impacts of commercial , industrial proposals, its operations ,procedures and communicate information to all stake holders about this impacts

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List of sectors requiring EIA Clearance

• Industries• Mining• Irrigation• Power• Transport• tourism

Examples• Nuclear power plants• Ports, harbors, airports• Petroleum refineries• Chemical fertilizer , pesticides plants• Drugs pharmaceuticals• Thermal power plants• Distilleries• Pulp paper industries• Cement• Hot mix plants etc.

EIA PROCESS• Collection of all relevant information

about the project, immediately after a project is identified

• Broad analysis of the impacts of project activities

• Detailed study • Detailed data collection on the current

environmental status of project site and surroundings

• Detailed study of all the components in the environment, existing in the area where the proposed project is being considered to be implemented

• Project evaluation• Project alternatives• Study of environmental loss , gains,

economic costs, benefits • Compare with alternatives

• Prepare environmental impact statement (*EIS) ---- formatted public document specified by authorized national, state govts

• Public scrutiny of the EIS • Review at public hearings• Detailed documentation of the work done

in EIA• Recommendations about the proposed

project and the alternatives with comments on environmental and economic impacts each

Decision making process

• Falls into any of the following categories

• Proposal accepted• Proposal accepted with amendments• Alternate proposal accepted• Proposal is rejected• Further study of the project

• Follow up and monitoring of the project activities during installation and operation phases and conduct audits to compare actual performance with EIA predictions and suggest improvement measures

PARTICIPANTS OF EIA• PROPOSER – Organization or individual

proposing the project• DECISION MAKING AUTHORITY –

Designated govt agency/ ministry /or head of state

• Assessor --- Preparing EIS• Reviewers --- officials reviewing the EIS• Experts --- persons with special knowledge

about the project

• MEMBERS OF PUBLIC SOCIETY --- who are affected by the project

• Media --- which reflect and review the opinions of all experts and reports

• Special interest groups --- govt and non govt .organizations, professional bodies ,labor unions

POLLUTERS PAY PRINCIPLE(PPP)

• A Law enacted to make, the party responsible for producing pollution ,responsible for paying for the damage done to the natural environment

• Benefits• Greener environment• Economic efficiency• Incentives to reduce pollution• Generate funds for green investment

POLLUTION CONTROL BOARDS

• The central pollution control board (CPCB) a statutory organization was constituted in September ,1974 under the Water Act (Prevention and Control of pollution )

FUNCTIONS OF CPCB• Advise the Central Government on any matter

concerning prevention and control of water and air pollution and improvement of the quality of air.

• Plan and cause to be executed a nation-wide program for the prevention, control or abatement of water and air pollution;

• Co-ordinate the activities of the State Board and resolve disputes among them;

• Provide technical assistance and guidance to the State Boards, carry out and sponsor investigation and research relating to problems of water and air pollution, and for their prevention, control or abatement;

FUNCTIONS OF CPCB• Plan and organize training of persons engaged

in programme on the prevention, control or abatement of water and air pollution

• Organize through mass media, a comprehensive mass awareness programme on the prevention, control or abatement of water and air pollution;

• Collect, compile and publish technical and statistical data relating to water and air pollution and the measures devised for their effective prevention, control or abatement;

• Prepare manuals, codes and guidelines relating to treatment and disposal of sewage and trade effluents as well as for stack gas cleaning devices, stacks and ducts;

CONTINUED• Disseminate information in respect of

matters relating to water and air pollution and their prevention and control

• Lay down, modify or annul, in consultation with the State Governments concerned, the standards for stream or well, and lay down standards for the quality of air

• Perform such other function as may be prescribed by the Government of India.

STATE POLLUTION CONTROL BOARDS( SPCB)

FUNCTIONS• Comprehensive programme on Water, Air, Land

etc., Pollution Control and Execution thereon.

• Advice and liaison with the State Government on any matter concerning environmental pollution.

Collection and dissemination of data and information on pollution and environmental problems and preparation of reports thereon.

SPCB FUNCTIONS• Investigation and research relating to

pollution and environmental problems

• Collaboration with the programmes of the Central Pollution Control Board, Ministry of Environment and Forests, State Government, NGOs and other organizations relating to pollution control and environment and organize Mass Education Programmes

• Issue of N.O.C. and Consent to industries and other development projects

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SPCB FUNCTIONS• Inspections of sewage, trade effluent

sites, industries, various industrial, plants and Sewage Treatment Plants

• Monitoring of industrial/trade effluents, water bodies, air and soil, and laboratory analysis thereon.

• Laying down or modification of effluent and emission standards.

SPCB FUNCTIONS• To evolve economical and reliable

methods of treatment of sewage and effluent.

• To establish or to recognize laboratories for performing functions under the Acts and Rules

• Assessment and collection of water cess.

SPCB FUNCTIONS• Environmental education to public,

students and others, and publication of mass-education materials.

• Advise the State Government regarding location of industries, etc

• Enforcement of the provisions of the aforesaid rules and monitoring thereof.

ECO LABELLING• Eco labeling of environmental friendly products• Ecolabels or green stickers are labelling

systems for food and consumer products • An environmentally friendly product is defined

as any product which is made , used or disposed off in a way that significantly reduces harm towards environment

• Such product which meet the stipulated environmental and quality requirements are labelled with eco mark

Objectives• To provide an incentive for manufacturers and

importers to reduce environmental impact of products.

• To reward genuine initiatives by companies to reduce adverse environmental impact of their products.

• To assist consumers to become environmentally responsible in their daily lives by providing information to take account of environmental factors in their purchase decisions.

• To ensure citizens to purchase products which have less harmful environmental impacts.

• Ultimately to improve the quality of the environment and to encourage the sustainable management of resources.

• This scheme also includes launching of country side mass awareness campaign to encourage consumers to purchase products having less harmful environmental impacts

• This scheme also gives assistance to consumer organizations for testing of products and assists for the comparative study of other products

References:• 1. Diwan Shyam, Rosencranz

Armin, Environmental Law & Policy in India

• 2. P. Leelakrishnan , The Environmental Law in india

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