ENVIRONMENTAL LAWS OF INDIA

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What is EIA and its purpose?
An Environmental Impact Assessment is used to determine the possible (either positive or negative)
impact that a particular project may have on the environment. The International Association for
Impact Assessment defines an environmental impact assessment as the process of identifying,
predicting, evaluating and mitigating the biophysical, social, and other relevant effects of
development proposals prior to major decisions being taken and commitments made.
What is the legal sanctity of EIA?
Principle 17 of the Rio Declaration on Environment and Development states that “Environmental
Impact Assessment, as a national instrument, shall be undertaken for proposed activities that are
likely to have a significant adverse impact on the environment and are subject to a decision of a
competent national authority”, to which India is a signatory. And in lieu of its international
obligations, the Ministry of Environment, Forests and Climate Change, by virtue of the power vested
in it by The Environment Protection Act, 1986 came up with the first EIA notification in 1994, which
after many amendments, was finally overhauled by a 2006 notification.
What is the process of EIA?
All projects are broadly categorised into Category A and B. Category A projects shall require
environmental clearance from the Central Government on the recommendations of an Expert
Appraisal Committee. The category B projects shall require the clearance from the State/Union
Territory Environmental Impact Assessment Authority, whose decision shall be based on the
recommendations of a State or Union Territory Environmental Impact Assessment Authority.
The process of environmental clearance for these projects is a four step one:
1. Screening: In this initial stage, the SEAC shall scrutinise the application submitted by the
project proponent, and determine whether or not the project or activity requires the preparation of an
EIA. The projects requiring an EIA are termed as B1 and the remaining projects are termed B2.
2. Scoping: In this stage, the Appraisal Committees determine the TOR for the preparation of
an EIA report addressing all relevant environmental concerns for the preparation of an EIA report.
Certain activities such as building and construction, area development and town planning and
highway expansion projects are excluded from scoping.
3. Public consultation: Public consultation is a process by which the concerns of local affected
persons and others who have a plausible stake in the environmental impacts of the project or activity
are ascertained with a view by taking into account all the material concerns in the projects or activity
design as appropriate. Six kinds of projects are excluded from public consultation.
4. Appraisal: Appraisal involves the detailed scrutiny by the Appraisal Committee of the
application, final EIA report, outcome of public consultations etc. Following which, it shall make
categorical recommendations to the regulatory authority concerned either for grant of prior
environmental clearance on stipulated terms and conditions, or rejection of application with reasons.
The appraisal has to be completed within sixty days from the receipt of final EIA report.
The regulatory authority should consider the recommendations of the EAC or SEAC and convey
the decision to the applicant within forty five days of the receipt of the same.
Which projects need EC/EIA?
EIA is mandated for mines, power plants, Plants or processes for extraction of natural resources,
industries, airports, ship breaking yards, SEZs, ports, harbours, hazardous waste treatment storage
and disposal facilities, highways, building and construction projects, townships and area development
projects etc. ( enumerated in Schedule of EIA notification , 2006). Certain projects such as railways
are exempt from the same.

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