This blog is inscribed by Ashish Nagpal
Introduction
Environment Impact Assessment or EIA is a procedure of assessing the expected environmental impacts of an upcoming project or development, taking into consideration inter related socio economic, cultural and human health impacts that may be both beneficial and adverse. The United Nations Environment Programme or UNEP defines EIA as a tool that is used to identify the environmental , social and economic impacts of a project at the time of decision making. The main aim of EIA is to predict environmental impact at an early stage and find ways and means to reduce adverse impacts, shape projects to suit the local government and propose options to the decision makers. Further the EIA in India is statutorily backed by the Environment Protection Act which contains certain provisions on EIA process and it’s methodology.
History of EIA
The need of EIA in India was realized around 40 years back. It all started in 1976 when the Government of India asked the Department of Science and Technology to examine the river valley projects at that time from an environmental angle. Till 1994 the environmental decision taken by the commission was an administrative decision and it lacked the needed legislative support, But on 27 January 1994, the then Union Ministry of Environment and Forests, under the Environmental (Protection) Act 1986, promulgated an EIA notification making Environmental Clearance (EC) mandatory for expansion or modernization of any activity or for setting up new projects listed in Schedule 1 of the notification. After studying the EIA notification of 1994 the Ministry of Environment, Forest [1] and Climate change then introduced the new EIA legislation in September 2006 which unlike the 1994 one , put onus on the state government for the clearing of state projects depending upon the size or capacity of the project.
EIA 2020
After the 2006 amendment the EIA 2020 consists of the following 4 Important steps :-
1. Screening :- It is the first step in the EIA procedure and it’s mainly used to determine whether conduct the assessment or not conduct it.It is basically used to determine the level of impact of the proposed project, initiative or development.
2. Scoping :- Scoping further is a important step in the preparation of EIA as it identifies the issues that are likely to be of more importance and which are the ones that can be eliminated is critical as it sets up the boundaries of the EIA like what the EIA will include and how to put together an EIA within the prescribed limits.
3. Public Hearing :- 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.
4. Appraisal :- Appraisal is defined as the final detailed scrutiny. The appraisal of all projects/ activities which are not required to undergo public consultation, or submit an Environment Impact Assessment report.
Further the EIA 2020 includes three category of projects namely :-
Category A Projects :- These are the one which require mandatory environment clearance and thus they do not undergo the screening process too.
1. Category B Projects :- These projects need to undergo the screening process and they are further divided into two sub categories :-
a. Category B1 projects :- These type of projects mandatorily requires the EIA process.
b. Category B2 projects :- These type of projects are excluded from the realm of EIA
Distinction between EIA 2006 and EIA 2020
Although on the first impression the draft of both the 2006 model and the 2020 model looks the same but on a deeper analysis the main point of difference between the two are:-
EIA 2006
Period for public consultation : 45 days
Monitoring Period: The authorities monitor projects if they are following the environmental norms after every 6 months
Division of categories: The projects in Schedule 1 of the draft were divided into two categories namely Category A ( National level appraisal) and Category B (State level appraisal)
Provision for appeal against prior environment clearance: Not Applicable
EIA 2020
Period for public consultation: This period was reduced to a time period of 40 days
Monitoring Period: The monitoring period has been relaxed to once in a year
Division of categories: Projects are divided into 3 categories namely :-‘A’, ‘B1’,’B2’ which are based on the potential social and environmental impact.
Provision for appeal against prior environment clearance: An appeal can be made to National Green Tribunal against prior environment clearance
Importance of EIA 2020
1. It provides a cost effective and an economical way for planning of developmental programs.
2. [2]The main aim of EIA is to link environment with the development for keeping environment safe and sustainable development.
3. EIA encourages the adoption of mitigation strategies in the developmental process.
4. The EIA gives us an insight into the future problems of an project onto the environment and how it could be reduced with strategy.
Objections to EIA Draft 2020
On the detailed study of the EIA draft of 2020 it can be noted that the following things if not corrected than can be unconstitutional in it’s application :-
1. Timing of the EIA draft of 2020
It can be noted that currently there is no vacuum in the country for dealing with Environmental matters as of now. EIA Notification 2006 is in vogue and MoE in the last 14 years issued about 300 OM’s and more than 50 Notifications to [3]effect amendments in EIA Notification 2006. It is not advisable to go ahead with the above and hence requested to stall all activities regarding this until the lockdown due to COVID-19 is withdrawn completely.
2. Conflict of Interest
It is another important aspect as to why the EIA 2020 should be discarded. The draft EIA Notification, 2020 is to be rejected solely on the ground that Sri. Prakash Javedekar, the Cabinet Minister who is a qualified authority at MoEFCC also holds the portfolio of Minister for Heavy Industries and therefore there is a conflict of interest. The Minister who is representing the Industries Ministry cannot take a balanced view in matters related to Environment and Forests. Due to this reason, the draft EIA Notification is observed to be more industry centric than Environment Centric. Therefore, on this ground alone the draft Notification is to be withdrawn forthwith
3. This draft does not considered the legislations like The Forest Act which are essential as to regard to this draft.
4. This draft gives concession to the Corporate Sector and ignores the large masses of the country
5. This is against the basic 1986 Act based on this notification is published. Only due to that this will be null and void. This is against all international covenants signed by India.
2. https://www.downtoearth.org.in/blog/environment/why-draft-eia-2020-needs-a-revaluation-72148 3. https://www.downtoearth.org.in/blog/environment/why-draft-eia-2020-needs-a-revaluation-72148
4. https://www.iisd.org/learning/eia/eia-7-steps/step-7-monitoring/
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