EIA_NOTIFICATIONS_1994,_2006_AND_2020_pdf

GUNDA99 341 views 23 slides Sep 18, 2024
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About This Presentation

Hello every one
i am Zakir Hussain
master in Environmental Science
This pdf is very easy and understood easily.


Slide Content

EIA NOTIFICATIONS 1994,
2006 AND 2020
PRESENTED BY :- ZAKIR HUSSAIN ( MSc 2
ND
YEAR )EVS

EIA NOTIFICATION 1994
▪The MoEF under rule 5 of the Environment ( Protection ) Rules, 1986
notified mandatory EIA’ S for 29 designated projects . The notification came
on 27
th
January 1994
▪This was the principal piece of legislation governing environmental impact
assessment .
▪The notification made it compulsory to conduct and submit an EIA study to
an Impact Assessment Agency .
▪As per the notification , it required to consult a multidisciplinary committee
of expert.

OBJECTIVES
▪Predict the environmental impact of projects in advance.
▪To conduct baseline environmental data of the area where project has
been proposed.
▪ To find ways to manage and mitigate the expected adverse
environmental impacts of the project.
▪ Shape the projects as per local environmental conditions.
▪Public participation and opinion of the experts for the decision makers.

SCHEDULES
•There are 4 schedules of EIA Notification 1994 and these are :-
➢Schedule 1
✓To enlists the project required environmental clearances form the
central government
✓Its contain 30 projects
➢Schedule 2
✓To detail the procedure for the seeking environment clearances of
projects.

➢Schedule 3
✓To details the composition of the experts committees for
environmental impact assessments.
➢Schedule 4
✓Public hearing .
✓Review by committee.

EIA NOTIFICATION 2006
•The Union Ministry of Environment and Forest (MoEF) notified the
new EIA Notification in September 2006 notification for public
after putting up the draft notification for public comments for a
year.
➢OBJECTIVES
•The main objective of EIA Notification 2006 is to address the
limitation in the old EIA Notification (1994). Therefore , which the
ministry claims have been done after taking into account the
feedback from then different stakeholders.

Objective continues
•Though, there have been some improvements in the new
notification over the previous one, it has certainly failed to meet
the expectations of the various stakeholders, especially members
of the civil society, NGOs and local community .
•The New Notification has tried bringing in more number of
projects within the purview of the environmental clearances
process.

Salient features of EIA notification 2006
•Attempt to decentralizes power to the state Government.
•Categorized the environmental clearances projects in two
categories:
• based on the spatial extent of potential impacts and potential
impacts on human health and natural and manmade resources.
PROJECTS
CATEGORY
A
CATEGORY
B
State level AppraisalNational level appraisal
B1
B2

Category A projects
•Require mandatory environmental clearance.
•Expert Appraisal Committee
recommends
(Central Government in the Ministry of Environment and
Forests(MoEF)
Impact assessment agency.
•Do not undergo screening.

Category B projects
•Apprised at state levels.
•State level environment impact authority ( SEIAA) and state level
expert appraisal ( SEAC ) committee are constituted to provide
clearance to category B projects
•In the absence of a duly constituted SEIAA or SEAC, a Category
,,B’’ project shall be treated as a treated as a Category ,,A” project.
•Category B projects undergo screening
Category B1- EIA mandatory
Category B2- Do not require EIA

After 2006 Amendments the EIA cycle
comprises of four stages:
o Screening
oScoping
oPublic hearing
oAppraisal

1. SCREENING
•To determine whether project requires a full EIA . Based on the
size , nature and potential environmental impacts of the project,
authorities decide if the project fall under the purview of the EIA
notification .
•Only certain categories of projects ( such as large scale industrial
projects or those in ecologically sensitive areas) require a detailed
EIA , while other may be exempted.

2. SCOPING
•This includes identifying key environmental issues to be studied, areas
to be focused on, and the scope of the environmental assessment to
be conducted.
3 . PUBLIC HEARING
•Public hearing is a critical part of the EIA process after 2006. The aim is
to ensure that local communities, stakeholders, and affected
individuals are informed about the project and have the opportunity to
express their concernsorsuggestions.
•Public hearing and expert opinions help outline what specific
environmental aspects (such as air, water, soil, or biodiversity) need
tobeaddressed.

4. APPRAISAL
•This final stage involves the detailed examination of the EIA report,
submitted by the project proponent, by an expert appraisal
committee (EAC).
•Based on the findings and the public consultation feedback, the
EAC recommends whether to approve the project, reject it, or ask
for modifications. The decision also involves proposing mitigation
measures to minimize environmentalimpact.

EIA NOTIFICATION 2020
•The Ministry of Environment Forest and Climate Change
( MoEF&CC) has published draft EIA Notification at 23
rd
March
2020.
•This notification was replacing the existing EIA Notification, 2006
under the environment(Protection) Acts 1986 .

Keys proposal of draft EIA 2020 include in reduce time for public
hearing:-
•One a major steps of EIA mechanism is the public participation.
The 2020 draft proposed to reduce the notice period for public
hearing from 30 days to 20 days .
•However the MoEF&CC has claimed to it.
•The Ministry has bought comments from the public for draft, and
deadline for this 11 August 2020.
•Environmental Activists claim that from an improvement, the 2020
draft is a regressive departure from the 2006 version it seeks to
replace.

ISSUES WITH THE NEW RULES

Increased discretionary powers of Bureaucracy
•No solution for the political and bureaucratic stronghold on the
EIA process.
•Instead, it proposes to increase the government’s discretionary
power and limiting public engagement in safeguarding the
environment.
•Project concerning national defence and security are considered
strategic.
•All project concerning national defence and security or involving
other strategic considerations as determined buy the Central
Government .

Many Exemptions
•2020 draft examples exempts a long list of projects from public
consultation.
•Roads and pipelines in border areas
•The border area is defined as ‘’area falling within 100km aerial
distance from the line of Actual Control with bordering countries
of India.”

That would cover much of the Northeast, the repository of the
country’s richest biodiversity.

Post Facto clearance
•A project operating on violation of EPA can now apply for
clearance .
•Violators will only need 2 plans for remediation and resource
augmentation which is to 1.5.2times the ecological damage
assessed and economic benefits derived due to violation.
•Penalty per day of late clearance miniscule .
•1 April 2020 – Supreme Court order held that such clearance are
contrary to law .

Public Complaints
•If any violations are taking place, they have be reported either by a
government authority or the developer themselves.
•There is no scope for any public complaint about violations.
•Instead, the reliance is on the violators to disclose, suo motu, that
they broke the law.

Construction
•Earlier buildings of 20,000 sq .m or above required an environment
clearance after detailed scrutiny by the state level expert appraisal
committee.
•Now according to the 2020 draft, the limit will be 150,000 sq .m

THANK YOU