ENVIRONMENTAL LEGISLATION ENVIRONMENTAL CLEARENCE, CONSENT AND AUTHORIZATION THEORY

ENVIRONMENTAL CLEARANCE,
CONSENT AND AUTHORIZATION
MECHANISM
Environmental clearance for certain developmental projects has
been made mandatory by the ministry of environment and forests
through its notification issued on 27.01.1994 under the provisions
of environment (protection) act, 1986.
Keeping in a view a decade of experience in the environmental
clearance process and the demands from various stakeholders,
the ministry of environment and forests (MoEF) issued revised
notification on EC process in September 2006 and amended it in
December 2009. It was considered necessary by MoEF to make
available Environmental impact Assessment (EIA) guidance
manuals for each of the development sector.
In new notification, projects have divided in to two category i.e.
A (Sole central list) and
B (Sole state list)
ENVIRONMENTAL IMPACT ASSESSMENT
Environmental impact assessment (EIA) is an important
management tool for ensuring the optimal use of natural
resources for sustainable development.
Its purpose is to identify, examine, assess and evaluate the likely
and probable impacts of a proposed project on the environment
and thereby, to work out remedial action plans to minimize
adverse impact on the environment.
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ENVIRONMENTAL LEGISLATION ENVIRONMENTAL CLEARENCE, CONSENT AND AUTHORIZATION THEORY

OBJECTIVE OF EIA
To formulate a transparent, decentralized and efficient
regulatory mechanism
To incorporate necessary environmental safeguards at
planning stage
To involve stakeholders in the public consultation process
Identify development projects based on impact potential
instead of the investment criteria
STAGES IN
PROCESS

PRIOR

ENVIRONMENTAL

CLEARANCE

STAGE I: SCREENING:
Screening means scrutiny of category B projects seeking prior
environmental clearance made by the concerned State Level
Expert Appraisal Committee (SEAC).
Screening determines whether or not the project requires further
environmental studies for preparation of EIA for its appraisal
depending upon the nature and location specificity of the project.
MoEF constitute EAC at the central level for scoping and
appraisal of projects. MoEF also notify SEAC at state level on
receiving nominations from state government. EAC/SEAC may
inspect sites (during screening, scoping and appraisal)
As per new notifications no screening required for category A
projects (Sole Central List). Category B PROJECTS (Sole State
List) will be further screened at the state level for categorization
into either B1 or B2.

ENVIRONMENTAL LEGISLATION ENVIRONMENTAL CLEARENCE, CONSENT AND AUTHORIZATION THEORY

Category B1 required EIA (Environmental Impact Assessment)

and PH (Public Hearing) but B2 doesnt require EIA and PH.
STAGE II: SCOPING:
Scoping refers to the process by which the EAC in the case of
Category A projects and SEAC in the case of Category B1
projects determine detailed and comprehensive TORs (Terms of
Reference) addressing all the relevant environmental concerns for
the preparation of EIA report.
TOR will help the project proponents and consultants to prepare
report with relevant project specific data, which are informative,
compact and easy to comprehend.
STAGE III: PUBLIC CONSULTATION OR PUBLIC HEARING
(PH):
Public consultation refers to the process by which the concerns of
local affected persons and others who have the plausible stake in
the environmental impacts of the project or activity are
ascertained. It can be direct hearing at site or close proximity for
local
affected
persons
or
indirect
responses
(written) i.e. through different modes of communication from
plausible stake holders. And views can be displayed in websites,
libraries, and offices.
The following routine I adopted for PH
DM to preside over the PH process
Alternate public Authority / agency to be engaged by MoEF
in case SPCB fails to comply with time limit.
Incorporation of public concerns in EIA report
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ENVIRONMENTAL LEGISLATION ENVIRONMENTAL CLEARENCE, CONSENT AND AUTHORIZATION THEORY

Videography of proceeding must and to be enclosed with the

applications for EC
Preparation of PH proceeding and signature by DM/ADM on
the same day.
Display of PH proceeding in web site and other Govt. offices.
Its important to clarify that PH is not a decision stage- it is only to
ascertain the concerns of local affected persons and from
plausible stakeholders.
STAGE IV: APPRAISAL:
Appraisal means the detailed scrutiny by the Expert Appraisal
Committee or State Level Expert Appraisal Committee of the
application and other documents submitted by the applicant for
grant of environmental clearance. MoEF has so far constituted 25
state level appraisal committees to appraise category B projects.
CATEGORY A [CENTRAL LIST]
1. Offshore and onshore oil and gas exploration and production
2. Nuclear power projects and processing of nuclear fuel
3. Petroleum refining industry
4. Asbestos milling and asbestos based products
5. Soda ash industry
6. Chemical fertilizers
7. Image Pesticide and pesticide specific intermediates
(excluding formulations) All units producing technical grade
pesticides
8. Petrochemical complexes (industries based on processing of
petroleum fractions and natural gas and/or reforming to
aromatics
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ENVIRONMENTAL LEGISLATION ENVIRONMENTAL CLEARENCE, CONSENT AND AUTHORIZATION THEORY

9. Oil and gas transportation pipeline (crude and refinery/

petrochemical
products),
passing
through
national
parks/sanctuaries/coral reefs/ecologically sensitive areas
including LNG terminal Airports
10.
All ship breaking yards including ship breaking units
11.
Asbestos mining
12.
Primary metallurgical industry
13.
All molasses based distilleries
14.
Pulp manufacturing and pulp and paper
15.
New national highway
CATEGORY B [SOLE STATE LIST]
1. Integrated paint industry
2. Induction/arc furnaces/cupola furnaces 5TPH or more
3. Isolated storage and handling hazardous chemicals (as per
threshold planning quantity indicated in column 3 of
Schedule 2 and 3 of MSIHC Rules 1989 amended 2000)
4. Aerial ropeways.
5. Common effluent treatment plants (CETPs).
6. Common municipal solid waste management facility
(CMSWMF).
7. Building and construction projects.
8. Township and area development projects.
9. Paper manufacturing (non-pulp manufacturing).
10.
New state highways.