The environmental clearance process is one of the most important compliance of any business that directly or indirectly affects the environment against environmental laws. Through this process, it ensures that development activities are not causing harm to the environment. The project’s potential environmental impact has been evaluated through this process. After evaluation suggestions have been given regarding what measures to be taken to mitigate or manage those impacts. The current blog will make clear many things regarding the clearance process. These things include but are not limited to the legal framework, documents required, the process of obtaining clearance, which projects need this clearance, etc.
Environment Impact Notification
The environmental clearance process in India is governed by the Environmental Impact Notification, 2006 which was issued under the Environment (Protection) Act, 1986. Notification of 2006 was amended in 2018 and it now covers a wider range of projects that can potentially cause significant environmental impacts. It includes almost all the necessary things one needs to know about the environmental clearance process, hereinafter will also refer it as the EC Process.
Which Projects Requires Environmental Clearance?
In the notification of 2006, which is popularly known as environment impact notification, a list of projects that require environment clearance has been given. Broadly that list has been divided into two categories. Those categories are “category A” which includes those projects that have the potential to cause significant environmental impacts and require clearance from the Ministry of Environment, Forest and Climate Change. “Category B” includes those projects that have the potential to cause moderate environmental impacts and require clearance from the State Environmental Impact Assessment Authority (SEIAA) in the case of states and the Union Territory Environmental Impact Assessment Authority (UTSEIAA) in case of union territory. Large businesses like mining, thermal power plants, cement plants, chemical industries, airports, etc. are included on the list of Category A projects. On the other side, category B includes smaller industries such as foundries, automobile repair shops, hotels, etc.
How to Obtain Environmental Clearance?
The process of obtaining environmental clearance in India involves a step-by-step procedure that has been given below:
Screening
The first step is determining whether the project requires environmental clearance or not. The process of determining is to check or refer to the list of projects specified in the Environment Impact Assessment Notification, 2006.
Scoping
The next stage after screening is to create a scoping report. The project’s possible environmental effects are described in this study. It also makes suggestions for how to lessen or control such effects.
Terms of Reference
The Ministry of Environment, Forest and Climate Change or State Environmental Impact Assessment Authority or Union Territory Environmental Impact Assessment Authority will then issue the project’s Terms of Reference (ToR). The ToR outlines the information that must be gathered, the research that must be done, and the analysis that must be done.
Public Hearing for EC
The next stage is to host a public meeting or consultation to get the opinions and worries of the neighborhood, NGOs, and other stakeholders. Public consultation plays a vital role as any kind of harm directly or indirectly violates their right to live in a clean environment.
Environmental Impact Assessment Report
Making an Environmental Impact Assessment (EIA) report is the following stage. It evaluates the project’s potential environmental effects and makes recommendations for how to lessen or control those effects. It is the EC process’s most important document.
Appraisal
The Ministry of Environment, Forest and Climate Change or State Environmental Impact Assessment Authority, or Union Territory Environmental Impact Assessment Authority will then appraise the environmental impact assessment report and decide whether to grant or reject environmental clearance for a particular project.
Post Environment Clearance Monitoring
The project’s proponent is required to conduct post-clearance monitoring if EC is granted. Making sure that the project is carried out in accordance with the requirements outlined in the clearance. Violation of the conditions of the clearance has its own consequences.
Problems While Obtaining Environment Clearance
The main problem regarding obtaining EC is public hearings. The public’s involvement in India’s EC process is rather limited. The public is only consulted extremely late when the environmental impact assessment report is already prepared and it is ready for approval. That makes it impossible for the environmental impact assessment to address the public’s concerns. During the public hearing stage of the environment clearance procedure, the environment impact assessment report is unavailable in local languages. This makes many people disable to understand the report properly. Sometimes, the public’s concerns go unheard as well.
The second problem is corruption, which occasionally leads to reports on environmental impact assessments that are not adequate. When agencies publish contradictory and out-of-date information by taking content from other sources, there is no punishment for this. There may be more clarity in the definitions of screening and scoping. To produce adequate EIA reports, project proponents or agencies must take into account the area’s actual and factual circumstances. In order to conserve money and further their other goals, proponents occasionally conducted their own EIAs rather than hiring international experts. EIA reports are therefore of poor quality.
Importance of Public Hearing in Environmental Clearance
Public hearing is conducted by or through the State Pollution Control Board (SPCB) or the District Environment Impact Assessment Authority (DEIAA). The significance of public hearings in the environmental clearance process is highlighted below:
Transparency
The open hearing guarantees that the decision-making process is transparent. It gives the general public a chance to comprehend the project’s possible environmental effects as well as the steps the project’s proponent has suggested to lessen or manage such effects. This openness encourages public confidence in the decision-making procedure.
Participation
The open hearing promotes public involvement in the decision-making procedure. It gives the public a forum to express their thoughts and worries regarding the project’s potential environmental effects. This involvement encourages democracy and makes sure that the local community’s voices are heard.
Local Knowledge
By attending the public hearing, the project’s proponent can learn more about how the neighborhood is aware of the project’s possible effects. This information can be used by the project’s promoter to enhance the project’s design and incorporate measures to lessen or regulate any potential environmental effects.
Social Acceptability
The opportunity to assess the project’s social acceptability will be presented at the public hearing. To improve the project’s design and guarantee that it is socially acceptable, consideration should be given to public attitudes and worries about the project’s potential environmental effects.
Conclusion
The environmental clearance process in India is vital for businesses with potential environmental impacts. It is governed by the Environmental Impact Notification, 2006, projects fall under “Category A” or “Category B,” requiring clearances from national or state authorities. Challenges include limited public involvement, corruption, and clarity issues. In summary, the process aims to balance development and environmental protection, involving stakeholders and communities for responsible progress.
