Draft EIA notification 2020

Student unions from several universities and colleges from across India have petitioned Union Environment Minister Prakash Javadekar to put the draft of the proposed Environment Impact Assessment Notification 2020 on hold.

Background:

Environment Impact Assessment in India is statutorily backed by the Environment Protection Act, 1986 which contains various provisions on EIA methodology and process.

The draft notification is issued under the powers vested in the central government under the Environment (Protection) Act, 1986 to take all such measures for “protecting and improving the quality of the environment.

The key points of dispute with the proposed draft are that:

  1. It shortens the period of public consultation hearings to a maximum of 40 days.
  2. It reduces from 30 to 20 days the time provided for the public to submit their responses during a public hearing for any application seeking environmental clearance.
  3. It also allows the declaration of some areas as “economically sensitive areas” without a public hearing or environmental clearance, and several “red” and “orange”-classified toxic industries could now operate as close as 0-5 km from a Protected Area in “callous disregard” for forests.
  4. The increased validity of the environment clearances for mining projects (50 years versus 30 years currently) and river valley projects (15 years versus 10 years currently) raises the risk of irreversible environmental, social and health consequences on account of the project remaining unnoticed for long.

What is EIA?

EIA is an important process for evaluating the likely environmental impact of a proposed project. It is a process whereby people’s views are taken into consideration for granting final approval to any developmental project or activity. It is basically, a decision-making tool to decide whether the project should be approved or not.

The EIA process involves:

Screening: this stage decides which projects need a full or partial assessment study.

Scoping: this stage decides which impacts are necessary to be assessed. This is done based on legal requirements, international conventions, expert knowledge and public engagement. This stage also finds out alternate solutions.

Assessment & evaluation of impacts and development of alternatives: this stage predicts and identifies the environmental impacts of the proposed project and also elaborates on the alternatives.

EIA Report: in this reporting stage, an environmental management plan (EMP) and also a non-technical summary of the project’s impact is prepared for the general public. This report is also called the Environmental Impact Statement (EIS).

Decision making: the decision on whether the project is to be given approval or not and if it is to be given, under what conditions.

Monitoring, compliance, enforcement and environmental auditing: monitoring whether the predicted impacts and the mitigation efforts happen as per the EMP.

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