Enivronment Impact Assessment
What is Environment Impact Assessment
EIA is, therefore, the assessment, forecast, appraisal and minimization of the biophysical and social and other impacts of development propositions before key decisions are made. This process assists in identifying the advantages as well as the disadvantages of any project while making the right decision based on environmental value and the public’s opinion as well.
Official definition of Environment Impact Assistance
ECI is defined in various legislative document, particular in Indian Legislature Here are the key definition and components:
According to the Ministry of Environment, Forest and Climate Change (MoEFCC),
“Environmental Impact Assessment (EIA) is an important managerial tool adopted for proactively managing development projects which seeks to assess the potential impacts of a project on the environment”. Originally starting only with the river valley projects in India during the 1978-79 financial year, today it has its spectrum in drains, industries, mines, stations, thermal power stations and many others under the Environmental (Protection) Act, 1986. Evaluations of project proposals are made using professional committees with multi-disciplinary features, and clearances from a site may be necessary where the area is sensitive to the ecology. It is implemented in seven regions by six regional offices with projects expected to submit compliance with set measures every two years. Coastal Zone Management Plans (CZMPs) are prepared based on CRZ Notification 1991 that defines coastal areas development control measures, and a Task Force oversees their implementation. Furthermore, the Island Development Authority controls policies on further island development without compromising on the growth or destruction of ecosystems. Carrying capacity assessment is conducted at micro scale on public sensitive areas like Doon Valley and the NCR to give insights on resource constraints, pollution index, and development capacity. In the same manner, EIA incorporates environmental consideration into development planning and, thus, contributes to the achievement of sustainable development.2
EIA as defined in Legislation
EIA Notification, 2006
According to the EIA Notification, 2006: - “Environmental Impact Assessment (EIA) is the overall process of identifying, predicting, evaluating and communicating the biophysical effects of proposed activities on the natural environment”. The EIA process identifies whether a project calls for more detailed environmental assessment before it is given the green light. The purpose of an EIA is to make sure that any environmental effects that might come with a proposed project, are considered from the start3
'Environment Impact Assessment ' as defined in Other reports:
The term “ Environmental Impact Assessment (EIA)” is also defined in different Other reports and legislative instruments that are as follows. Here are some key definitions from significant sources, including the Law Commission of India:
EIA (Environmental Impact Assessment) and SEA (Strategic Environmental Assessment) are tools that help decision-makers understand the potential impacts of their choices on the environment, society, and economy. They don’t just provide data they also offer recommendations to minimize harm and maximize benefits. Think of them as proactive planning tools, not just technical checkboxes.
EIA started in the US in 1970 and has since spread worldwide. While it’s now a legal requirement in most countries, it’s still relatively new in some places. EIA focuses on specific projects, like building a dam, while SEA looks at bigger-picture plans and policies. Both aim to balance development with sustainability, ensuring decisions are thoughtful and responsible. They’re about managing impacts, not just measuring them.It serves as a tool to help move towards sustainable development by assessing the potential impacts of projects. The primary goal of an EIA is to provide decision-makers with comprehensive information about a project’s possible impacts and opportunities for mitigation, so that they can make informed choices.11.
Environmental Impact Assessment is defined as a systematic process used to analyze the potential environmental effects of proposed actions, ensuring that environmental considerations are integrated into decision making nad to intrude new infrastructure and energy demands . It serves as a tool to help move towards sustainable development by assessing the potential impacts of projects. The main objective of an EIA is to ensure that decision-makers receive adequate information about possible impacts and scopes for mitigating a project, such that they can make informed choices.
The main purpose of EIA is predicting and assessing the potential effects of a project on the environment. EIA is a key tool for the promotion of sustainable development through taking into account the environmental, social, and economic aspects of projects. It aims to construct the projects such as dams or irrigation project which have significant invonment issue for more such project the World bank said to required.
• EIA should be used on all proposals that are likely to have a significant adverse effect on the environment and human health.
• EIA should contain an analysis of feasible alternatives to the proposed action.
• EIA should contain public involvement.
• EIA should be carried out with the best practicable science and in a multi or inter-disciplinary manner.
• EIA should integrate information on social, economic and biophysical impacts
Legal provision(s) relating to EIA
Environment (Protection) Act-1986
This Act is the beginning of the legal approach to protecting the environment in India since1986. It provides the Central Government the legal right to implement measures for the protection and enhancement of the environment and is acquainted with the authority to issue notification under EIA.
The EIA Notification of 1994 was the first time EIA was officially incorporated into Indian laws. Schedule 1 required that all the listed projects obtained an environmental clearance from the Central Government before carrying out such projects. In the notification, the organisation wishes to give attention to impact of environmental and social impact on the project.
The EIA Notification of 2006 updated and expanded upon previous regulations:
Mandatory Requirement: EIA has now become compulsory for more than 30 types of projects the investment proposal of which is to be more than ₹50 crores.
Categorization of Projects: Projects are subdivided into Category A (Projects where the DPR prepares a national-level appraisal) and Category B (Projects where no more than state level appraisal is prepared). Category A projects are appraised through Impact Assessment Agency (IAA) and the Expert Appraisal Committee (EAC) while Category B projects are appraised by the State Level Environment Impact Assessment Authorities (SEIAA) and the State Level Expert Appraisal Committees (SEAC).
Process Stages: Principal activities of EIA include the screening, scoping, public hearing, and appraisal stages.
Different decisions of the Supreme Court of India have also supported the need for compliance with the process of EIA. Notable cases include:
Alembic Pharmaceuticals Ltd and Others: Civil Appeal No. 3055 of 2016. Rohit Prajapati, where the Supreme Court has deplored ex post facto clearances as pernicious for environmental justice.
Common Cause v. Union of India, in which the alleged non-compliance with the legal requirement for reasonable and procedural proper EIA processes comes with the risk of causing damage which cannot be adequately justified or remedied.18
Process of conducting Environment Impact Assessment
The EIA process includes multiple stages:
(1) Stage 1 Screening: This stage provides a basis for establishing whether or not a project requires additional environmental assessments.
Project are based on their size and potential environmental impact For instance:
Category A projects (e.g., major thermal power plants) require central-level clearance.
Category B projects (e.g., small industrial units) are assessed at the state level.
It ensures that only significant projects undergo detailed scrutiny, resource and saving time.
(2) Scoping: It refers to the process undertaken by:
The Expert Appraisal Committee (EAC) for Category ‘A’ projects or activities, and
The State-level Expert Appraisal Committee (SEAC) for Category ‘B1’ projects or activities.
This process includes applications for:
Expansion and modernization, and/or the product mix of established projects or activities undergoes analysis for change. The main objective requires developing complete Terms of Reference (TOR) documentation that addresses environmental concerns for creating Environment Impact Assessment (EIA) Reports. All projects and activities illustrating environmental strengths need to complete this step before obtaining a green light for beginning work.
Process for Determining Terms of Reference (TOR):
The EAC or SEAC will determine the TOR based on:
The prescribed application Form 1/Form 1A provides information needed for the assessment together with the terms of reference proposed by the applicant.
- A subgroup of EAC or SEAC members conducts site visits if necessary.
- An additional Terms of Reference (TOR) submitted by the applicant serves as the basis.
- Any additional information available with the EAC or SEAC.
Public Consultation: During Public Consultation stakeholders and those impacted by environmental effects have the opportunity to make their concerns about projects known during planning stages. This applies to Category 'A' and 'B1' projects, with certain exemptions like:
- Modernization of irrigation projects.
- The development of industrial estates or parks can qualify for such projects.
- Road expansions without land acquisition.
- Maintenance dredging within port limits.
- Category 'B2' projects.
- Defense, security, or strategic projects.
- Process Components:
(3) Stage 3 - Public Consultation:
SPCB/UTPCC carries out this hearing process at or near the project site according to Appendix IV's format. The authorized body receives approved proceedings of the hearing within 45 days.
Written Responses:
The SPCB/UTPCC website together with other designated methods functions as the channel for stakeholder participation. State agencies keep secret project information protected from general access.
Special Arrangements:
In case SPCB/UTPCC does not carry out the hearing within specified time limits the regulatory authority possesses the right to choose another organization. Under challenging circumstances the regulatory authority can bypass the requirement to organize a hearing.
Post-Consultation:
All applicants need to resolve found issues following consultations before updating their Draft EIA and EMP. The regulatory authority finalizes the Revised documents that initially come from public hearings. When additional concerns arise the regulatory authority allows parties to present supplementary reports instead of updates to the Draft EIA and EMP.
(4) Stage 4 - Appraisal
At this stage a Expert Appraisal Committee or State Level Expert Appraisal Committee examines the application and the final EIA report and public hearing and consultation. This EIA process is done on even new projects, if not, on expansion or even on the modernization of a certain project.
Steps of the Appraisal Process:
1. Transparent Scrutiny:
EAC/SEAC evaluates applications through assessment of supporting documentation which incorporates the Final EIA report together with public consultation results. The responsible representative of the applicant can join the process to deliver explanations.
2. Recommendations:
3. Approval: Grant EC with specific conditions.
4. Rejection: Clearly state the reasons.
Timelines:
Appraisal completion: The completion of EIA appraisal takes 60 days after obtaining the final EIA report and documentation.
Competent authority decision: 15 days post-recommendation.
Categories of Appraisal:
With EIA/Public Consultation: A detailed examination examines EIA reports together with public hearings and submitted documents.
Exempt from EIA/Public Consultation: This category requires evaluation from Form 1, Form 1A, validated data alongside site visits (when required).
Expansion or Modernization (7(ii)) applies to:
Expansion plans which entail higher production volumes or larger lease territory subscription.
Process or technology upgrades.
Changes made to product mixes that exceed pre-established limitations.
The review of Form I applications takes 60 days to analyze EIA reports together with public consultations when needed.
Official Government Reports
Forest (Conservation) Amendment Bill, 2023 Report
Scope of Applicability: EIA regulations apply to land which was officially classified as forest and registered in government records following October 25 1980. The exclusion applies to areas that transitioned to non-forest utilization by December 12, 19967.
Exemptions: Some projects hold exception status which allows for less stringent EIA requirements. The bill permits strategic linear projects constructed near border areas along with security infrastructure and selected roadside developments and public utility installations. These projects hold exemptions which require compensatory afforestation as one possible condition.
Non-Forest Activities: Under this bill the term "non-forest purpose" now covers additional forest-related conservation activities and management programs which leads to efficient project processing while needing simplified EIA assessments.8
Survey Activities: When considering survey activities the Central Government has authority to establish conditions that determine their status regarding "non-forest purposes" and how it affects the EIA review process.
Centralized Oversight: Through the Act's provisions the Central Government received authority to direct implementation practices toward unified EIA procedures.9
National Green Tribunal report
According to this report EIA is the decision making tool that identifies the environment , economic and social impact of the project before its approval.
The project involves mining of Building Stone, Khandas & Gitti, Boulder over an area of 2.0 hectares with a production capacity of 20,000 m³ per year.
Environmental Impacts and Mitigation Measures :
Regular water sprinkling and plantation activities along roads to reduce dust. Mining will not go beyond the groundwater depth to avoid contamination. Use of well-maintained vehicles and machinery to reduce noise levels. Proper management of topsoil and overburden to prevent erosion.
Environmental Management Plan (EMP) :
The EMP outlines measures to mitigate environmental impacts, including dust suppression, water conservation, noise control, and land reclamation. A budget of Rs. 28,49,700 is allocated for implementing the EMP, which includes costs for plantation, dust suppression, water management, and monitoring.
Public Hearing and Compliance :
The project proponent has committed to addressing the points raised during the public hearing and has provided a time-bound action plan for implementation.
Case Laws
T.N. Godavarman Thirumulpad v. Union of India
The Supreme Court ruled on forest conservation matters in Indian legal systems. According to the Supreme Court decision all forests must fall under the rules of the Forest (Conservation) Act 1980 without regard to ownership or classification. The court established various recommendations for forest resource preservation through sustainable management by prohibiting unauthorized non-forest operations in protected areas.
Scientists acknowledged that forest conservation operations are essential for environmental sustainability goals. The court declared that all forest modifications requiring approval must undergo environmental clearances first. The court established innovative protocols for the Environmental Impact Assessment (EIA) framework which improved surveillance over building projects with the goal to protect forests and biodiversity.
2. Vellore Citizens Welfare Forum v. Union of India
The Supreme Court addressed environmental pollution created by tanneries alongside other industrial operations across Tamil Nadu. According to Indian environmental law the Supreme Court adopted both "Precautionary Principle" and "Polluter Pays Principle" while instructing polluting industries to implement remedies against pollution.
EIA requirements developed as vital environmental assessments which industrial developments must undergo to avoid environmental damage during implementation. EIA applications received strengthened support to determine and reduce industrial development's harmful effects. The organisation led the development of monitoring systems to track compliance with environmental standards.
International Experience
How other countries have sought to define, operationalise and collect data regarding the concept.
United States of America
National Environmental Policy Act (NEPA): In the U.S., The National Environmental Policy Act, NEPA, demands from the federal agencies an environmental impact statement, EIA regarding the major federal actions which have impact on the environment. The process includes: Environmental Assessments (EAs): Scoping opinions where the decision is to be made whether a full EIS is needed or not. Environmental Impact Statements (EIS): Contingency reports that identify risks and present action plans on how to address those risks. Public Involvement: The basic and most important feature of NEPA is involving the public throughout the assessment process.
Comparison Analysis Of USA, China and EU EIA
Official Database
Environmental Clearances & CRZ Granted (%):
The list of total granted proposals at central level is done according to types of projects- Industrial Projects, Thermal Projects, INFRA (Infrastructure), River Valley & Hydroelectric Projects, Non-Coal Mining, Coal Mining and also for CRZ Projects. It further classifies the types of clearances done such as EC, ToR, ToR amendment, EC amendment, EC transfer. The total number of granted proposals is 117
Environmental Clearances & CRZ Granted (Sector Wise Count):
This sector-wise count of granted proposals is probably represented in a graphical or tabular format with legends that indicate the number of proposals in each sector. The legends suggest that there are varying counts across different sectors, with some sectors having higher counts (e.g., 32, 23) and others having lower counts (e.g., 1, 4).
Related terms
- EIS (Environmental Impact Statement)
- SEA (Strategic Environmental Assessment)
- Risk (Risk Assessment)
- EC (Environmental Clearance)
- EMP (Environmental Management Plan
- Participation (Public Participation)
- Appraisal (Environmental Appraisal)
- Consultant (Accredited Consultant)
- Eco-sensitivity (Eco-Sensitive Areas)
References
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