(To be published in the Gazette of India, Extraordinary, Part-II, and Section 3, Sub-section (ii)
MINISTRY OF ENVIRONMENT AND FORESTS
New Delhi 14th September, 2006
Notification
For more details see website: http://hspcb.gov.in/EIA%202006.pdf
S.O. 1533 Whereas, a draft notification under sub-rule (3) of Rule 5 of the
Environment (Protection) Rules, 1986 for imposing certain restrictions and prohibitions onnew projects or activities, or on the expansion or modernization of existing projects or
activities based on their potential environmental impacts as indicated in the Schedule to the
notification, being undertaken in any part of India1, unless prior environmental clearance hasbeen accorded in accordance with the objectives of National Environment Policy as approved
by the Union Cabinet on 18th May, 2006 and the procedure specified in the notification, by
the Central Government or the State or Union territory Level Environment Impact
Assessment Authority (SEIAA), to be constituted by the Central Government in consultation
with the State Government or the Union territory Administration concerned under sub-section
(3) of section 3 of the Environment (Protection) Act, 1986 for the purpose of this notification,
was published in the Gazette of India ,Extraordinary, Part II, section 3, sub-section (ii) vide
number S.O. 1324 (E) dated the 15th September ,2005 inviting objections and suggestions from all persons likely to be affected thereby within a period of sixty days from the date on which copies of Gazette containing the said notification were made available to the public;
And whereas, copies of the said notification were made available to the public on 15th
September, 2005;
And whereas, all objections and suggestions received in response to the above
mentioned draft notification have been duly considered by the Central Government;
Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of
sub-section (2) of section 3 of the Environment (Protection) Act, 1986, read with clause (d)
of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 and in supersession of
the notification number S.O. 60 (E) dated the 27th January, 1994, except in respect of things
done or omitted to be done before such supersession, the Central Government hereby directs that on and from the date of its publication the required construction of new projects or activities or the expansion or modernization of existing projects or activities listed in the
Schedule to this notification entailing capacity addition with change in process and or
technology shall be undertaken in any part of India only after the prior environmental
clearance from the Central Government or as the case may be, by the State Level Environment
Impact Assessment Authority, duly constituted by the Central Government under sub-section
(3) of section 3 of the said Act, in accordance with the procedure specified hereinafter in this
notification.
_________________________
1Includes the territorial waters
2. Requirements of prior Environmental Clearance (EC):- The following projects or
activities shall require prior environmental clearance from the concerned regulatory authority,
which shall hereinafter referred to be as the Central Government in the Ministry of
Environment and Forests for matters falling under Category ‘A’ in the Schedule and at State
level the State Environment Impact Assessment Authority (SEIAA) for matters falling under
Category ‘B’ in the said Schedule, before any construction work, or preparation of land by the project management except for securing the land, is started on the project or activity:
(i) All new projects or activities listed in the Schedule to this notification;
(ii) Expansion and modernization of existing projects or activities listed in the Schedule to
this notification with addition of capacity beyond the limits specified for the concerned sector,
that is, projects or activities which cross the threshold limits given in the Schedule, after
expansion or modernization;
(iii) Any change in product - mix in an existing manufacturing unit included in Schedule
beyond the specified range.
3. State Level Environment Impact Assessment Authority:- (1) A State Level
Environment Impact Assessment Authority hereinafter referred to as the SEIAA shall be
constituted by the Central Government under sub-section (3) of section 3 of the Environment
(Protection) Act, 1986 comprising of three Members including a Chairman and a Member –
Secretary to be nominated by the State Government or the Union territory Administration
concerned.
(2) The Member-Secretary shall be a serving officer of the concerned State Government or
Union territory administration familiar with environmental laws.
(3) The other two Members shall be either a professional or expert fulfilling the eligibility
criteria given in Appendix VI to this notification.
(4) One of the specified Members in sub-paragraph (3) above who is an expert in the
Environmental Impact Assessment process shall be the Chairman of the SEIAA.
(5) The State Government or Union territory Administration shall forward the names of the
Members and the Chairman referred in sub- paragraph 3 to 4 above to the Central
Government and the Central Government shall constitute the SEIAA as an authority for
the purposes of this notification within thirty days of the date of receipt of the names.
(6) The non-official Member and the Chairman shall have a fixed term of three years (from
the date of the publication of the notification by the Central Government constituting the
authority).
(7) All decisions of the SEIAA shall be unanimous and taken in a meeting.
4. Categorization of projects and activities:-
(i) All projects and activities are broadly categorized in to two categories - Category A and
Category B, based on the spatial extent of potential impacts and potential impacts on human
health and natural and man made resources.
3
(ii) All projects or activities included as Category ‘A’ in the Schedule, including expansion
and modernization of existing projects or activities and change in product mix, shall require prior
environmental clearance from the Central Government in the Ministry of Environment and
Forests (MoEF) on the recommendations of an Expert Appraisal Committee (EAC) to be
constituted by the Central Government for the purposes of this notification;
(iii) All projects or activities included as Category ‘B’ in the Schedule, including expansion
and modernization of existing projects or activities as specified in sub paragraph (ii) of paragraph
2, or change in product mix as specified in sub paragraph (iii) of paragraph 2, but excluding
those which fulfill the General Conditions (GC) stipulated in the Schedule, will require prior
environmental clearance from the State/Union territory Environment Impact Assessment
Authority (SEIAA). The SEIAA shall base its decision on the recommendations of a State or
Union territory level Expert Appraisal Committee (SEAC) as to be constituted for in this
notification. In the absence of a duly constituted SEIAA or SEAC, a Category ‘B’ project shall
be treated as a Category ‘A’ project;
5. Screening, Scoping and Appraisal Committees:-
The same Expert Appraisal Committees (EACs) at the Central Government and SEACs
(hereinafter referred to as the (EAC) and (SEAC) at the State or the Union territory level shall
screen, scope and appraise projects or activities in Category ‘A’ and Category ‘B’ respectively.
EAC and SEAC’s shall meet at least once every month.
(a) The composition of the EAC shall be as given in Appendix VI. The SEAC at the State or
the Union territory level shall be constituted by the Central Government in consultation with the concerned State Government or the Union territory Administration with identical composition;
(b) The Central Government may, with the prior concurrence of the concerned State
Governments or the Union territory Administrations, constitutes one SEAC for more than one State or Union territory for reasons of administrative convenience and cost;
(c) The EAC and SEAC shall be reconstituted after every three years;
(d) The authorised members of the EAC and SEAC, concerned, may inspect any site(s)
connected with the project or activity in respect of which the prior environmental clearance is sought, for the purposes of screening or scoping or appraisal, with prior notice of at least seven days to the applicant, who shall provide necessary facilities for the inspection;
(e) The EAC and SEACs shall function on the principle of collective responsibility. The
Chairperson shall endeavour to reach a consensus in each case, and if consensus cannot be reached, the view of the majority shall prevail.
6. Application for Prior Environmental Clearance (EC):-
An application seeking prior environmental clearance in all cases shall be made in the
prescribed Form 1 annexed herewith and Supplementary Form 1A, if applicable, as given in
Appendix II, after the identification of prospective site(s) for the project and/or activities to
which the application relates, before commencing any construction activity, or preparation of
land, at the site by the applicant. The applicant shall furnish, along with the application, a copy of the pre-feasibility project report except that, in case of construction projects or activities (item
8 of the Schedule) in addition to Form 1 and the Supplementary Form 1A, a copy of the
conceptual plan shall be provided, instead of the pre-feasibility report.
7. Stages in the Prior Environmental Clearance (EC) Process for New Projects:-
7(i) The environmental clearance process for new projects will comprise of a maximum of four stages, all of which may not apply to particular cases as set forth below in this notification. These four stages in sequential order are:-
• Stage (1) Screening (Only for Category ‘B’ projects and activities)
• Stage (2) Scoping
• Stage (3) Public Consultation
• Stage (4) Appraisal
I. Stage (1) - Screening:
In case of Category ‘B’ projects or activities, this stage will entail the scrutiny of an
application seeking prior environmental clearance made in Form 1 by the concerned State level Expert Appraisal Committee (SEAC) for determining whether or not the project or activity requires further environmental studies for preparation of an Environmental Impact Assessment (EIA) for its appraisal prior to the grant of environmental clearance depending up on the nature and location specificity of the project . The projects requiring an Environmental Impact Assessment report shall be termed Category ‘B1’ and remaining projects shall be termed Category ‘B2’ and will not require an Environment Impact Assessment report. For categorization
of projects into B1 or B2 except item 8 (b), the Ministry of Environment and Forests shall issue appropriate guidelines from time to time.
II. Stage (2) - Scoping:
(i) “Scoping”: refers to the process by which the Expert Appraisal Committee in the case of
Category ‘A’ projects or activities, and State level Expert Appraisal Committee in the case of
Category ‘B1’ projects or activities, including applications for expansion and/or modernization
and/or change in product mix of existing projects or activities, determine detailed and
comprehensive Terms Of Reference (TOR) addressing all relevant environmental concerns for
the preparation of an Environment Impact Assessment (EIA) Report in respect of the project or
activity for which prior environmental clearance is sought. The Expert Appraisal Committee or
State level Expert Appraisal Committee concerned shall determine the Terms of Reference on
the basis of the information furnished in the prescribed application Form1/Form 1A including
Terns of Reference proposed by the applicant, a site visit by a sub- group of Expert Appraisal
Committee or State level Expert Appraisal Committee concerned only if considered necessary by
the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned, Terms
of Reference suggested by the applicant if furnished and other information that may be available
with the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned. All
projects and activities listed as Category ‘B’ in Item 8 of the Schedule
(Construction/Township/Commercial Complexes /Housing) shall not require Scoping and will be
appraised on the basis of Form 1/ Form 1A and the conceptual plan.
(ii) The Terms of Reference (TOR) shall be conveyed to the applicant by the Expert
Appraisal Committee or State Level Expert Appraisal Committee as concerned within sixty days
of the receipt of Form 1. In the case of Category A Hydroelectric projects Item 1(c) (i) of the
Schedule the Terms of Reference shall be conveyed along with the clearance for pre-construction
activities .If the Terms of Reference are not finalized and conveyed 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 approved for the EIA studies. The approved Terms of
5
Reference shall be displayed on the website of the Ministry of Environment and Forests and the
concerned State Level Environment Impact Assessment Authority.
(iii) Applications for prior environmental clearance may be rejected by the regulatory
authority concerned on the recommendation of the EAC or SEAC concerned 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.
III. Stage (3) - Public Consultation:
(i) “Public Consultation” refers to 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 with a view to taking into account all the material concerns in the project or activity
design as appropriate. All Category ‘A’ and Category B1 projects or activities shall undertake
Public Consultation, except the following:-
(a) modernization of irrigation projects (item 1(c) (ii) of the Schedule).
(b) all projects or activities located within industrial estates or parks (item 7(c)
of the Schedule) approved by the concerned authorities, and which are not
disallowed in such approvals.
(c) expansion of Roads and Highways (item 7 (f) of the Schedule) which do not
involve any further acquisition of land.
(d) all Building /Construction projects/Area Development projects and Townships
(item 8).
(e) all Category ‘B2’ projects and activities.
(f) all projects or activities concerning national defence and security or
involving other strategic considerations as determined by the Central
Government.
(ii) The Public Consultation shall ordinarily have two components comprising of:-
(a) a public hearing at the site or in its close proximity- district wise, to be carried out in the
manner prescribed in Appendix IV, for ascertaining concerns of local affected persons;
(b) obtain responses in writing from other concerned persons having a plausible stake in the
environmental aspects of the project or activity.
(iii) the public hearing at, or in close proximity to, the site(s) in all cases shall be conducted
by the State Pollution Control Board (SPCB) or the Union territory Pollution Control Committee
(UTPCC) concerned in the specified manner and forward the proceedings to the regulatory
authority concerned within 45(forty five ) of a request to the effect from the applicant.
(iv) in case the State Pollution Control Board or the Union territory Pollution Control
Committee concerned does not undertake and complete the public hearing within the specified
period, and/or does not convey the proceedings of the public hearing within the prescribed period
6
directly to the regulatory authority concerned as above, the regulatory authority shall engage
another public agency or authority which is not subordinate to the regulatory authority, to
complete the process within a further period of forty five days,.
(v) If the public agency or authority nominated under the sub paragraph (iii) above reports to
the regulatory authority concerned that owing to the local situation, it is not possible to conduct
the public hearing in a manner which will enable the views of the concerned local persons to be
freely expressed, it shall report the facts in detail to the concerned regulatory authority, which
may, after due consideration of the report and other reliable information that it may have, decide
that the public consultation in the case need not include the public hearing.
(vi) For obtaining responses in writing from other concerned persons having a plausible stake
in the environmental aspects of the project or activity, the concerned regulatory authority and the
State Pollution Control Board (SPCB) or the Union territory Pollution Control Committee
(UTPCC) shall invite responses from such concerned persons by placing on their website the
Summary EIA report prepared in the format given in Appendix IIIA by the applicant along with
a copy of the application in the prescribed form , within seven days of the receipt of a written
request for arranging the public hearing . Confidential information including non-disclosable or
legally privileged information involving Intellectual Property Right, source specified in the
application shall not be placed on the web site. The regulatory authority concerned may also use
other appropriate media for ensuring wide publicity about the project or activity. The regulatory
authority shall, however, make available on a written request from any concerned person the
Draft EIA report for inspection at a notified place during normal office hours till the date of the
public hearing. All the responses received as part of this public consultation process shall be
forwarded to the applicant through the quickest available means.
(vii) After completion of the public consultation, the applicant shall address all the material
environmental concerns expressed during this process, and make appropriate changes in the draft
EIA and EMP. The final EIA report, so prepared, shall be submitted by the applicant to the
concerned regulatory authority for appraisal. The applicant may alternatively submit a
supplementary report to draft EIA and EMP addressing all the concerns expressed during the
public consultation.
IV. Stage (4) - Appraisal:
(i) Appraisal means the detailed scrutiny by the Expert Appraisal Committee or State Level
Expert Appraisal Committee of the application and other documents like the Final EIA report,
outcome of the public consultations including public hearing proceedings, submitted by the
applicant to the regulatory authority concerned for grant of environmental clearance. This
appraisal shall be made by Expert Appraisal Committee or State Level Expert Appraisal
Committee concerned in a transparent manner in a proceeding to which the applicant shall be
invited for furnishing necessary clarifications in person or through an authorized representative.
On conclusion of this proceeding, the Expert Appraisal Committee or State Level Expert
Appraisal Committee concerned shall make categorical recommendations to the regulatory
authority concerned either for grant of prior environmental clearance on stipulated terms and
conditions, or rejection of the application for prior environmental clearance, together with
reasons for the same.
(ii) The appraisal of all projects or activities which are not required to undergo public
consultation, or submit an Environment Impact Assessment report, shall be carried out on the
basis of the prescribed application Form 1 and Form 1A as applicable, any other relevant
7
validated information available and the site visit wherever the same is considered as necessary by
the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned.
(iii) The appraisal of an application be shall be completed by the Expert Appraisal Committee
or State Level Expert Appraisal Committee concerned within sixty days of the receipt of the final
Environment Impact Assessment report and other documents or the receipt of Form 1 and Form
1 A, where public consultation is not necessary and the recommendations of the Expert
Appraisal Committee or State Level Expert Appraisal Committee shall be placed before the
competent authority for a final decision within the next fifteen days .The prescribed procedure
for appraisal is given in Appendix V ;
7(ii). Prior Environmental Clearance (EC) process for Expansion or Modernization or
Change of product mix in existing projects:
All applications seeking prior environmental clearance for expansion with increase in the
production capacity beyond the capacity for which prior environmental clearance has been
granted under this notification or with increase in either lease area or production capacity in the
case of mining projects or for the modernization of an existing unit with increase in the total
production capacity beyond the threshold limit prescribed in the Schedule to this notification
through change in process and or technology or involving a change in the product –mix shall be
made in Form I and they shall be considered by the concerned Expert Appraisal Committee or
State Level Expert Appraisal Committee within sixty days, who will decide on the due diligence
necessary including preparation of EIA and public consultations and the application shall be
appraised accordingly for grant of environmental clearance.
8.Grant or Rejection of Prior Environmental Clearance (EC):
(i) The 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 of the Expert Appraisal Committee or State Level Expert Appraisal
Committee concerned or in other words within one hundred and five days of the receipt of the
final Environment Impact Assessment Report, and where Environment Impact Assessment is not
required, within one hundred and five days of the receipt of the complete application with
requisite documents, except as provided below.
(ii) The regulatory authority shall normally accept the recommendations of the Expert
Appraisal Committee or State Level Expert Appraisal Committee concerned. In cases where it
disagrees with the recommendations of the Expert Appraisal Committee or State Level Expert
Appraisal Committee concerned, the regulatory authority shall request reconsideration by the
Expert Appraisal Committee or State Level Expert Appraisal Committee concerned within forty
five days of the receipt of the recommendations of the Expert Appraisal Committee or State
Level Expert Appraisal Committee concerned while stating the reasons for the disagreement. An
intimation of this decision shall be simultaneously conveyed to the applicant. The Expert
Appraisal Committee or State Level Expert Appraisal Committee concerned, in turn, shall
consider the observations of the regulatory authority and furnish its views on the same within a
further period of sixty days. The decision of the regulatory authority after considering the views
of the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned shall
be final and conveyed to the applicant by the regulatory authority concerned within the next
thirty days.
(iii) In the event that the decision of the regulatory authority is not communicated to the
applicant within the period specified in sub-paragraphs (i) or (ii) above, as applicable, the
8
applicant may proceed as if the environment clearance sought for has been granted or denied by
the regulatory authority in terms of the final recommendations of the Expert Appraisal
Committee or State Level Expert Appraisal Committee concerned.
(iv) On expiry of the period specified for decision by the regulatory authority under paragraph
(i) and (ii) above, as applicable, the decision of the regulatory authority, and the final
recommendations of the Expert Appraisal Committee or State Level Expert Appraisal
Committee concerned shall be public documents.
(v) Clearances from other regulatory bodies or authorities shall not be required prior to receipt of applications for prior environmental clearance of projects or activities, or screening, or scoping, or appraisal, or decision by the regulatory authority concerned, unless any of these is sequentially dependent on such clearance either due to a requirement of law, or for necessary technical reasons.
(vi) Deliberate concealment and/or submission of false or misleading information or data
which is material to screening or scoping or appraisal or decision on the application shall make the application liable for rejection, and cancellation of prior environmental clearance granted on that basis. Rejection of an application or cancellation of a prior environmental clearance alreadygranted, on such ground, shall be decided by the regulatory authority, after giving a personal hearing to the applicant, and following the principles of natural justice.
9. Validity of Environmental Clearance (EC):
The “Validity of Environmental Clearance” is meant the period from which a prior environmental clearance is granted by the regulatory authority, or may be presumed by the
applicant to have been granted under sub paragraph (iv) of paragraph 7 above, to the start of production operations by the project or activity, or completion of all construction operations in case of construction projects (item 8 of the Schedule), to which the application for prior environmental clearance refers. The prior environmental clearance granted for a project or activity shall be valid for a period of ten years in the case of River Valley projects (item 1(c) of the Schedule), project life as estimated by Expert Appraisal Committee or State Level Expert Appraisal Committee subject to a maximum of thirty years for mining projects and five years in the case of all other projects and activities. However, in the case of Area Development projects and Townships [item 8(b)], the validity period shall be limited only to such activities as may be the responsibility of the applicant as a developer. This period of validity may be extended by the regulatory authority concerned by a maximum period of five years provided an application is made to the regulatory authority by the applicant within the validity period, together with an updated Form 1, and Supplementary Form 1A, for Construction projects or activities (item 8 ofthe Schedule). In this regard the regulatory authority may also consult the Expert Appraisal Committee or State Level Expert Appraisal Committee as the case may be.
10. Post Environmental Clearance Monitoring:
(i) It shall be mandatory for the project management to submit half-yearly compliance reports in respect of the stipulated prior environmental clearance terms and conditions in hard and soft copies to the regulatory authority concerned, on 1st June and 1st December of each calendar year.
(ii) All such compliance reports submitted by the project management shall be public
documents. Copies of the same shall be given to any person on application to the concerned regulatory authority. The latest such compliance report shall also be displayed on the web site of the concerned regulatory authority.
11. Transferability of Environmental Clearance (EC):
A prior environmental clearance granted for a specific project or activity to an applicant
may be transferred during its validity to another legal person entitled to undertake the project or activity on application by the transferor, or by the transferee with a written “no objection” by the transferor, to, and by the regulatory authority concerned, on the same terms and conditions underwhich the prior environmental clearance was initially granted, and for the same validity period.
No reference to the Expert Appraisal Committee or State Level Expert Appraisal Committee
concerned is necessary in such cases.
12. Operation of EIA Notification, 1994, till disposal of pending cases:
From the date of final publication of this notification the Environment Impact
Assessment (EIA) notification number S.O.60 (E) dated 27th January, 1994 is hereby superseded, except in suppression of the things done or omitted to be done before such suppression to the extent that in case of all or some types of applications made for prior environmental clearance and pending on the date of final publication of this notification, the Central Government mayrelax any one or all provisions of this notification except the list of the projects or activities requiring prior environmental clearance in Schedule I , or continue operation of some or all provisions of the said notification, for a period not exceeding one year from the date of issue of this notification.
[No. J-11013/56/2004-IA-II (I)]
(R.CHANDRAMOHAN)
JOINT SECRETARY TO THE GOVERNMENT OF INDIA
General Condition (GC):
Any project or activity specified in Category ‘B’ will be treated as Category A, if located in
whole or in part within 10 km from the boundary of: (i) Protected Areas notified under the Wild Life (Protection) Act, 1972, (ii) Critically Polluted areas as notified by the Central Pollution Control Board from time to time, (iii) Notified Eco-sensitive areas, (iv) inter-State boundaries and international boundaries.
Specific Condition (SC):
If any Industrial Estate/Complex / Export processing Zones /Special Economic Zones/Biotech Parks / Leather Complex with homogeneous type of industries such as Items 4(d), 4(f), 5(e), 5(f), or those Industrial estates with pre –defined set of activities (not necessarily homogeneous, obtains prior environmental clearance, individual industries including proposed industrial housing within such estates /complexes will not be required to take prior environmental clearance, so long as the Terms and Conditions for the industrial estate/complex are complied with (Such estates/complexes must have a clearly identified management with the legal responsibility of ensuring adherence to the Terms and Conditions of prior environmental clearance, who may be held responsible for violation of the same throughout the life of the complex/estate).
10. Environment Management Plan
The Environment Management Plan would consist of all mitigation measures for each item
wise activity to be undertaken during the construction, operation and the entire life cycle to
minimize adverse environmental impacts as a result of the activities of the project. It would
also delineate the environmental monitoring plan for compliance of various environmental
regulations. It will state the steps to be taken in case of emergency such as accidents at the site including fire. (See website for more details: http://hspcb.gov.in/EIA%202006.pdf )
APPENDIX IV
(See paragraph 7)
PROCEDURE FOR CONDUCT OF PUBLIC HEARING
1.0 The Public Hearing shall be arranged in a systematic, time bound and
transparent manner ensuring widest possible public participation at the project site(s) or in its close proximity District -wise, by the concerned State Pollution Control Board (SPCB) or the Union Territory Pollution Control Committee (UTPCC).
2. 0 The Process:
2.1 The Applicant shall make a request through a simple letter to the Member
Secretary of the SPCB or Union Territory Pollution Control Committee, in whose
jurisdiction the project is located, to arrange the public hearing within the prescribed
statutory period. In case the project site is extending beyond a State or Union Territory, the
public hearing is mandated in each State or Union Territory in which the project is sited and
the Applicant shall make separate requests to each concerned SPCB or UTPCC for holding
the public hearing as per this procedure.
2.2 The Applicant shall enclose with the letter of request, at least 10 hard copies
and an equivalent number of soft (electronic) copies of the draft EIA Report with the generic
structure given in Appendix III including the Summary Environment Impact Assessment
report in English and in the local language, prepared strictly in accordance with the Terms of Reference communicated after Scoping (Stage-2). Simultaneously the applicant shall arrange to forward copies, one hard and one soft, of the above draft EIA Report along with the Summary EIA report to the Ministry of Environment and Forests and to the following
authorities or offices, within whose jurisdiction the project will be located:
(a) District Magistrate/s
(b) Zila Parishad or Municipal Corporation
(c) District Industries Office
(d) Concerned Regional Office of the Ministry of Environment and Forests
2.3 On receiving the draft Environmental Impact Assessment report, the abovementioned
authorities except the MoEF, shall arrange to widely publicize it within their
respective jurisdictions requesting the interested persons to send their comments to the
concerned regulatory authorities. They shall also make available the draft EIA Report for
inspection electronically or otherwise to the public during normal office hours till the Public
Hearing is over. The Ministry of Environment and Forests shall promptly display the
Summary of the draft Environmental Impact Assessment report on its website, and also make the full draft EIA available for reference at a notified place during normal office hours in the Ministry at Delhi.
2.4 The SPCB or UTPCC concerned shall also make similar arrangements for
giving publicity about the project within the State/Union Territory and make available the
Summary of the draft Environmental Impact Assessment report (Appendix III A) for
inspection in select offices or public libraries or panchayats etc. They shall also additionally
make available a copy of the draft Environmental Impact Assessment report to the above
five authorities/offices viz, Ministry of Environment and Forests, District Magistrate etc.
3.0 Notice of Public Hearing:
3.1 The Member-Secretary of the concerned SPCB or UTPCC shall finalize the date,
time and exact venue for the conduct of public hearing within 7(seven) days of the date of
receipt of the draft Environmental Impact Assessment report from the project proponent, and advertise the same in one major National Daily and one Regional vernacular Daily. A
minimum notice period of 30(thirty) days shall be provided to the public for furnishing their
responses;
3.2 The advertisement shall also inform the public about the places or offices where
the public could access the draft Environmental Impact Assessment report and the Summary Environmental Impact Assessment report before the public hearing.
3.3 No postponement of the date, time, venue of the public hearing shall be undertaken,
unless some untoward emergency situation occurs and only on the recommendation of the
concerned District Magistrate the postponement shall be notified to the public through the
same National and Regional vernacular dailies and also prominently displayed at all the
identified offices by the concerned SPCB or Union Territory Pollution Control Committee;
3.4 In the above exceptional circumstances fresh date, time and venue for the public
consultation shall be decided by the Member –Secretary of the concerned SPCB or UTPCC
only in consultation with the District Magistrate and notified afresh as per procedure under
3.1 above.
4.0 The Panel
4.1 The District Magistrate or his or her representative not below the rank of an
Additional District Magistrate assisted by a representative of SPCB or UTPCC, shall
supervise and preside over the entire public hearing process.
5.0 Videography
5.1 The SPCB or UTPCC shall arrange to video film the entire proceedings. A copy
of the videotape or a CD shall be enclosed with the public hearing proceedings while
forwarding it to the Regulatory Authority concerned.
6.0 Proceedings
6.1 The attendance of all those who are present at the venue shall be noted and
annexed with the final proceedings.
6.2 There shall be no quorum required for attendance for starting the proceedings.
6.3 A representative of the applicant shall initiate the proceedings with a presentation
on the project and the Summary EIA report.
6.4 Every person present at the venue shall be granted the opportunity to seek
information or clarifications on the project from the Applicant. The summary of the public
hearing proceedings accurately reflecting all the views and concerns expressed shall be
recorded by the representative of the SPCB or UTPCC and read over to the audience at the
end of the proceedings explaining the contents in the vernacular language and the agreed
minutes shall be signed by the District Magistrate or his or her representative on the same
day and forwarded to the SPCB/UTPCC concerned.
6.5 A Statement of the issues raised by the public and the comments of the Applicant
shall also be prepared in the local language and in English and annexed to the proceedings:
6.6 The proceedings of the public hearing shall be conspicuously displayed at the
office of the Panchyats within whose jurisdiction the project is located, office of the
concerned Zila Parishad, District Magistrate ,and the SPCB or UTPCC . The SPCB or
UTPCC shall also display the proceedings on its website for general information. Comments,
if any, on the proceedings which may be sent directly to the concerned regulatory authorities
and the Applicant concerned.
7.0 Time period for completion of public hearing
7.1 The public hearing shall be completed within a period of 45 (forty five) days from
date of receipt of the request letter from the Applicant. Therefore the SPCB or UTPCC
concerned shall sent the public hearing proceedings to the concerned regulatory authority
within 8(eight) days of the completion of the public hearing .The applicant may also
directly forward a copy of the approved public hearing proceedings to the regulatory
authority concerned along with the final Environmental Impact Assessment report or
supplementary report to the draft EIA report prepared after the public hearing and public
consultations.
7.2 If the SPCB or UTPCC fails to hold the public hearing within the stipulated
45(forty five) days, the Central Government in Ministry of Environment and Forests for
Category ‘A’ project or activity and the State Government or Union Territory Administration
for Category ‘B’ project or activity at the request of the SEIAA, shall engage any other
agency or authority to complete the process, as per procedure laid down in this notification.
(See website for more details: http://hspcb.gov.in/EIA%202006.pdf )
APPENDIX –V
(See paragraph 7)
PROCEDURE PRESCRIBED FOR APPRAISAL
1. The applicant shall apply to the concerned regulatory authority through a simple
communication enclosing the following documents where public consultations are
mandatory: -
• Final Environment Impact Assessment Report [20(twenty) hard copies and 1 (one)
soft copy)]
• A copy of the video tape or CD of the public hearing proceedings
• A copy of final layout plan (20 copies)
• A copy of the project feasibility report (1 copy)
2. The Final EIA Report and the other relevant documents submitted by the applicant
shall be scrutinized in office within 30 days from the date of its receipt by the concerned
Regulatory Authority strictly with reference to the TOR and the inadequacies noted shall
be communicated electronically or otherwise in a single set to the Members of the EAC
/SEAC enclosing a copy each of the Final EIA Report including the public hearing
proceedings and other public responses received along with a copy of Form -1or Form
1A and scheduled date of the EAC /SEAC meeting for considering the proposal .
3. Where a public consultation is not mandatory and therefore a formal EIA study is
not required, the appraisal shall be made on the basis of the prescribed application Form 1
and a pre-feasibility report in the case of all projects and activities other than Item 8 of
the Schedule .In the case of Item 8 of the Schedule, considering its unique project cycle ,
the EAC or SEAC concerned shall appraise all Category B projects or activities on the
basis of Form 1, Form 1A and the conceptual plan and stipulate the conditions for
environmental clearance . As and when the applicant submits the approved scheme
/building plans complying with the stipulated environmental clearance conditions with all
other necessary statutory approvals, the EAC /SEAC shall recommend the grant of
environmental clearance to the competent authority.
4. Every application shall be placed before the EAC /SEAC and its appraisal completed
within 60 days of its receipt with requisite documents / details in the prescribed manner.
5. The applicant shall be informed at least 15 (fifteen) days prior to the scheduled date of
the EAC /SEAC meeting for considering the project proposal.
6. The minutes of the EAC /SEAC meeting shall be finalised within 5 working days of
the meeting and displayed on the website of the concerned regulatory authority. In case
the project or activity is recommended for grant of EC, then the minutes shall clearly list
out the specific environmental safeguards and conditions. In case the recommendations
are for rejection, the reasons for the same shall also be explicitly stated.
APPENDIX VI
(See paragraph 5)
COMPOSITION OF THE SECTOR/ PROJECT SPECIFIC EXPERT APPRAISAL
COMMITTEE (EAC) FOR CATEGORY A PROJECTS AND THE STATE/UT LEVEL
EXPERT APPRAISAL COMMITTEES (SEACs) FOR CATEGORY B PROJECTS TO
BE CONSTITUTED BY THE CENTRAL GOVERNMENT `
1. The Expert Appraisal Committees (EAC(s) and the State/UT Level Expert Appraisal
Committees (SEACs) shall consist of only professionals and experts fulfilling the following
eligibility criteria:
Professional: The person should have at least (i) 5 years of formal University training in the
concerned discipline leading to a MA/MSc Degree, or (ii) in case of Engineering
/Technology/Architecture disciplines, 4 years formal training in a professional training course together with prescribed practical training in the field leading to a B.Tech/B.E./B.Arch. Degree, or (iii) Other professional degree (e.g. Law) involving a total of 5 years of formal University training and prescribed practical training, or (iv) Prescribed apprenticeship/article ship and pass examinations conducted by the concerned professional association (e.g. Chartered Accountancy ),or (v) a University degree , followed by 2 years of formal training in a University or Service Academy (e.g. MBA/IAS/IFS). In selecting the individual professionals, experience gained bythem in their respective fields will be taken note of.
Expert: A professional fulfilling the above eligibility criteria with at least 15 years of relevant
experience in the field, or with an advanced degree (e.g. Ph.D.) in a concerned field and at least 10 years of relevant experience.
Age: Below 70 years. However, in the event of the non-availability of /paucity of experts in a
given field, the maximum age of a member of the Expert Appraisal Committee may be allowed up to 75 years
2. The Members of the EAC shall be Experts with the requisite expertise and experience in the following fields /disciplines. In the event that persons fulfilling the criteria of “Experts” are not available, Professionals in the same field with sufficient experience may be considered:
• Environment Quality Experts: Experts in measurement/monitoring, analysis and
interpretation of data in relation to environmental quality
• Sectoral Experts in Project Management: Experts in Project Management or
Management of Process/Operations/Facilities in the relevant sectors.
• Environmental Impact Assessment Process Experts: Experts in conducting and
carrying out Environmental Impact Assessments (EIAs) and preparation of Environmental
Management Plans (EMPs) and other Management plans and who have wide expertise and
knowledge of predictive techniques and tools used in the EIA process
• Risk Assessment Experts
• Life Science Experts in floral and faunal management
• Forestry and Wildlife Experts
• Environmental Economics Expert with experience in project appraisal
3. The Membership of the EAC shall not exceed 15 (fifteen) regular Members. However
the Chairperson may co-opt an expert as a Member in a relevant field for a particular meeting of the Committee.
4. The Chairperson shall be an outstanding and experienced environmental policy expert
or expert in management or public administration with wide experience in the relevant
development sector.
5. The Chairperson shall nominate one of the Members as the Vice Chairperson who shall
preside over the EAC in the absence of the Chairman /Chairperson.
6. A representative of the Ministry of Environment and Forests shall assist the Committee
as its Secretary.
7. The maximum tenure of a Member, including Chairperson, shall be for 2 (two) terms of 3
(three) years each.
8. The Chairman / Members may not be removed prior to expiry of the tenure without cause
and proper enquiry.
No comments:
Post a Comment