EIA process in India. Sujit Kumar Singh Programme Manager Centre for Science and Environment New Delhi, India

Transcription

1 EIA process in India Sujit Kumar Singh Programme Manager Centre for Science and Environment New Delhi, India

2 EIA history - India After Bhopal Gas tragedy Environmental Protection Act was enacted (1986) also refer as Umbrella Act

3

4 EIA history - India Under EP Act EIA notification was issued in 1994 (cost of project was criteria for screening) In 2006 again new EIA notification was issued In 2006 again new EIA notification was issued, substituted old one

5 Requirements for an effective EIA mechanism Extent and kind of legal support in the host countries; How the EIA is being conducted; Involvement of Stakeholders at different stages; Quality check on consultants How the environmental, social and economic findings are presented; Composition and skills of the review committee.

6 Responsibility of key stakeholders Project proponent - EIA should not be used as a tool for obtaining environmental clearance; rather, the project proponent should use it as a management tool for sound planning. Decision makers - Responsibility of authorities to ensure that project should cause minimal environmental impacts and brings maximum Economic and Social benefits.

7 Good practices in EIA Consider the size, scale, site sensitivity and pollution potential while deciding the ToR. Cumulative assessment for stressed areas EIA report should be comprehensive but focused (should contain relevant issues instead of data and information which are irrelevant to the overall assessment of the project).

8 Environmental Clearance (EC) process in India

9 Significant features of the Revised EC Process Introduction of Scoping. Structured Public Consultations with stipulated time frame Project categorized into A and B category High impact project cleared at Central and low impact project at State level Ensures quality control of EIA

10 Requirements of Environmental Clearance (EC) All new projects or activities listed in the Schedule Expansion and modernization of existing projects or activities listed in the Schedule Any change in product - mix in an existing manufacturing unit Note: No construction ti work shall start t prior to EC

11 Decentralized clearance mechanism Projects in Schedule classified based on potential impacts in Category A and Category B1 & B2 Category A cleared at Central level (MoEF) Category B1, B2 at State Level (SEIAA/ SEAC) Check-list information in Form-1/Form-1A + feasibility report to determine TORs Scoping stage incorporate site clearance No Scoping stage incorporate site clearance No separate site clearance is required.

12 What type of activities are allowed prior to Environmental Clearance No civil construction except fencing of the site to protect it from getting encroached and construction of temporary shed(s) for the guard(s) Incase of any project where TORs have been prescribed for undertaking detailed EIA study and where construction activities started, the TORs may be suspended /withdrawn in addition initiating penal action Source :MoEF office memorandum dated 19 th August 2010

13 Validity of the ToR MoEFs office memorandum (OM), issued on 22 March, 2010, Approved ToR is valid for a period of two years for submission of EIA/EMP report. It will be further extended for one year, based on proper justification and approval of EAC/SEAC. Therefore, total validity of ToR is three years, after that the approved ToR is deemed invalid. Primary data should not be older than 3 years

14 Question - What are the documents MoEF shall display on website? Summary of fdraft fteia report t(for category A project t) TOR approved by EAC Recommendations of EAC Approval/Rejection by MoEF

15 EC Process as per 2006 notification Stage (1) Screening (Only for Category B projects and activities) Stage (2) Scoping (60 days is required) Stage (3) Public Consultation (45 days) Stage (4) Appraisal and EC granting (105 days) Total Days for EC ( = 210 days)

16 Study Area for primary data as per MoEF EIA guidance manuals Sector Coal washeries Port and harbor Highways Building & construction project Study Area Project area and 5 kms Project area and 5 kms Project area and 0.5 kms on either side of ROW Project area and 0.5 kms Township &ADP Project area and 2 kms Airports Aerial rope ways Asbestos Mineral beneficiation Nuclear power plants Mining project Project area and 15 kms Project area and 0.5 km Project area and 1 km Project area and 5 kms Project area and 30 kms Project area and 10 kms (mine lease area more than 50 ha) &5kms mine lease area of 5-50ha 50h

17

18

19 Stages in Prior Environmental Clearance Process Stage I: Screening In case of Category B projects, identification by SEAC as Category B1 or B2. Not applicable for Category A. Stage II: Scoping Determination of TORs for EIA for Category A Determination of TORs for EIA for Category A and for Category B1 projects.

20 Stage II: Scoping The Terms of Reference (TOR) shall be conveyed to the applicant by the Expert Appraisal Committee or State Level Expert Appraisal Committee within sixty days of the receipt of Form 1.

21 Stage II: Scoping If the Terms of Reference is not finalized and conveyed ed to the applicant within sixty days of the receipt of Form 1, the Terms of Reference suggested by the applicant shall be deemed as the final Terms of Reference for EIA studies. Display of approved Terms of Reference on p y pp the website

22 Stage II: Scoping Application may be rejected by the regulatory authority at this stage itself. In case of such rejection, the decision together with reasons for the same shall be communicated to the applicant in writing within sixty days of the receipt of the application.

23 Stage III: Public Consultation o Notice of Public Hearing Advertisement of venue, date and time in one major National and one local newspaper. p A minimum notice period of 30 (thirty) days shall be provided to the public for furnishing their responses Advertisement shall also inform the public about the p places or offices where the public could access the draft EIA and Executive summary

24 Projects exempted from public hearing Public Hearing is applicable for all Category A and Category B1 projects, except the following:- modernization of irrigation projects all projects or activities located within industrial estates or parks approved by the concerned authorities i f R d d Hi h hi h d t expansion of Roads and Highways which do not involve any further acquisition of land.

25 Exemption from public hearing All Building /Construction projects/area Development projects and Townships All projects or activities concerning national defense and security or involving other strategic considerations as determined by the Central Government.

26 Notice of Public Hearing No postponement of the date, time, venue of the public hearing shall be undertaken, unless some emergency situation occurs Postponement shall be notified to the public through the same newspaper and also prominently displayed at all the identified offices by the concerned SPCB

27 Videography Regulator shall arrange video recording of entire proceedings. A copy of the videotape or a CD shall be A copy of the videotape or a CD shall be enclosed with the public hearing proceedings and forwarded to the Regulatory Authority concerned.

28 Proceedings The attendance of all those who are present at the venue shall be noted and annexed with the final proceedings. Every person present at the venue shall be granted an opportunity to seek information or clarifications on the project Views and concerns expressed shall be recorded by the regulator Regulator shall also display the proceedings on its website for general information

29 Time period for completion of public hearing PH shall be completed within a period of 45 (forty five) days from date of receipt of the requestest letter Regulator shall sent the public hearing proceedings to the concerned regulatory authority within 8daysof the completion of the public hearing

30 Stage IV: Appraisal Appraisal means - scrutiny of documents like the Final EIA report, outcome of the public consultations including public hearing proceedings etc. by the Appraisal Committee

31 Stage IV: Appraisal Appraisal Committee shall make categorical recommendations to the regulatory authority for grant of EC on stipulated terms and conditions, or rejection of the application for EC, togetherth with reasons for the same. Appraisal of project shall be completed by the Committee within sixty days of the receipt of the final Environment Impact Assessment report

32 Grant or Rejection of Prior Environmental Clearance Regulatory authority shall consider the recommendations of the EAC or SEAC concerned and convey its decision to the applicant within forty five days of the receipt of the recommendations In other words appraisal and EC granting of project takes one hundred and five days from the receipt of the final Environment Impact Assessment Report

33 On 26th April, 2011 MoEF issued circular on the procedure for consideration of proposals for grant of environmental clearance Mining + non-mining project involving 40 ha of forests, the PP has to submit documents at the appraisal of its application for EC. High Resolution Satellite Imagery A certificate cate from the competent t authority ty from the state forest department e t confirming the involvement of forest land, or as per (revenue record). In such case prior to issuing of certificate, the site may be inspected by g y y the State Forest Department along with the Regional Office of the Ministry to ascertain the status of forests,

34 Submission of compliance report PP has to submit half-yearly compliance reports on 1st June and 1st December. All such reports are public documents. Mandatory display of latest compliance report is Mandatory display of latest compliance report is to be displayed on the website of the concerned regulatory authority (i.e. MoEF or SEIAA).

35 On 5th October 2011, MoEF issued Office Memorandum (OM), regarding Project can be rejected in case of any discrepancy in the EIA report (such as information and data copied from other report) If a project is rejected, the developer has to apply for fresh environmental clearance and initiate the entire process again, including public hearing In case, discrepancy in an EIA report is brought later to MoEF (i.e. project already received EC), the entire process for obtaining environmental clearance will have to be initiated afresh OM also stipulates to take action against the consultant who falsifies the information in an EIA report. The OM also states to delist from the list of accredited consultants

36 Advertisement in Newspaper p Both Category A and Category Bproject shall put Information regarding grant of EC along with conditions in public domain through newspaper advertisement

37 EC Granted Only After Submission of Stage 1 Forest Clearance At ToR Stage - When application received for granting ToR, the PP required to submit a credible proof of documents/application related to forest diversion submitted to the concerned competent authority (CA) At EC stage - At the time of grating EC, if CA does not receive stage I forestry clearance certificate, then, CA hold the EC certificate and give time limit of 12 month to summit stage I forestry clearance. Further extended to 18 month under exceptional case otherwise EC will stand rejected

38 Wildlife Protection (Amendment) Act, 1972, revised in 2002 First comprehensive legislation for the protection and conservation of species of plants and animals, and management of their habitats Act restrict development project/mining in national park and sanctuary Mandatory to take recommendation of NBWL, if project is located within the eco-sensitive zone

39 In Eco- sensative zone - Commercial mining (except digging of earth for construction or repair of houses, manufacture of country tiles or brick for housing for personal consumption) is prohibited Procedure for Obtaining Prior Environmental Clearance is Separate from Wildlife Clearance Which is as per the Wildlife (Protection) Act (1972) Both Clearances can be processed Concurrently by Both Clearances can be processed Concurrently by the Project Proponent

40 Thank you