Environmental clearance procedure in India: Principal of Governance

1. HS 228
Environmental Clearance procedure in India
Ajay Shankar Bidyarthy
Mathematics and Computing
Department of Mathematics

2. INTRODUCTION
- Environmental clearance process is required
for 39 types of projects; main purpose is to
assess the impact of the planned project on
environment and people
In India till 1980 most projects were
cleared without any environmental
clearance

3. Introduction
 National committee on environment planning was
setup in 4th five year plan (1969 – 1978). Before 1980, all
issues related to environmental clearance were dealt by
Department of Science and Technology.
=> 1980, Department of Environment setup to deal with such issues.
=> Department of Environment upgraded to Ministry of
Environment and Forest in 1985.
=> In 1994 MOEF issued guidelines for EIA
MOEF
Ministry of Environment and
Forest
EIA
Environmental impact
assessment

4. Steps in Clearance

Start
Site Selection
Apply for NOC
EIA Study
Public Hearing
After NOC, Proponent applies for final clearance with
MOEF/State Govt.
Review by Environment Appraisal Committee
Conduct EIA
Change
suggested
Accepted Rejected

5. Process of Clearance
 Project proponent has to submit a report that assesses
the impact of project on environment called EIA to
SPCB, for which it hires a consultant.
 This report is then assessed by SPCB in the following
Steps :-
1. Screening
- It is the most preliminary step of assessment.
- SPCB has record and data of impacts that have been
caused by projects in the past based on which it
develops threshold levels
- If the projects impact is less than these threshold,
the project is given clearance straight away.
Otherwise the proponent has to go to the next level
: Preliminary assessment
State Pollution Control Board

6. Process of Clearance
2. Preliminary Assessment
- Involves more research and review of the EIA data
based on which clearance is given.
** Drawback in Indian System :-
1. Law investment projects are given clearance straight
away.
2. Consultants hired by proponents are under pressure
to get clearance
3. False data in EIA
4. Corruption
5. Lack of Expertise amongst consultant
e.g.
Reliance
refinery
in Orissa

7. Process of Clearance
3. Formation of EIA Team
- If the project fails screening and preliminary
assessment, EIA report is sent to a team of experts
hired by SPCB for detailed review.
** Drawback :-
- Team members lack expertise in social and wildlife
impact studies in INDIA

8. Process of Clearance
4. Identification and Scoping
- In scoping, the expert team tries to estimate which
sections of society, environment and economy would be
affected.
- It does so by holding discussions with people of respective
fields.
- Based on scoping and results of preliminary study, the
team identifies the issues of conflict which need to be
studies.
** Drawbacks :-
- Local peoples opinion not taken at this initial level.
- Experts study only direct impacts in INDIA

9. Process of Clearance
5. Prediction and Evaluation
- Use of Mathematical and Physical models to predict
impacts and evaluating the prediction : whether
they will be significant or not.
** Drawbacks :-
- Because of narrow scoping, all impacts are not
predicted.
- Detail of Method of prediction, evaluation never
disclosed.
- Inaccurate prediction in many case.

10. Process of Clearance
6. Mitigation
- Suggesting alternative measures to proponent like
paying concessions to people, offering restoration of
resourses, use of cleaner technology
** Drawbacks :-
- Lack of transparency
- People not informed about preparedness measure

11. Process of Clearance
7. Public Hearing
- Public hearing involves a discussion between the
project proponent and the representatives of society.
- It is done to include the concerns of all sections of the
society in the decision making process.
- It involves :-
=> SPCB representatives
=> District Collector
=> State Govt. representatives
=> 3 representative of Gram Panchayat
=> 3 senior citizen nominated by collector

12. Process of Clearance
** Drawbacks :-
- Many projects exempted from public hearing.
- Public opinion not given much importance.
- Illiterate people can not defend themselves.
- Corruption :
- Public hearing notice not given 30 days before as per
nomination.
- People are not given access to EIA documents as per
norms.
Proponent, Govt. nexus

13. Process of Clearance
8. Environment Appraisal Committee
- After NOC from SPCB, proponent approaches state or MOEF
for clearance which forms a committee of experts to analyze
the project. Committee has to give clearance within 90 days.
** Drawbacks :-
- State NOC which is assumed to be environment clearance by
the proponents and project is started before EAC clearance
- Decision making is not transparent. No reason or
explanation is given to people.
- Information regarding govt. decision making is not
dissipated among citizens.
Environmental appraisal committee

14. Suggestions Regarding Process of
Clearance
 Independent regulatory body of experts instead
of SPCB.
 Report quality improvement
 Proper format of report having segments like
- Impact on biodiversity
- Impact on plans for animal
- Impact on aquatic life
 Use of format which makes EIA report conclusive and less
bulky.
 Centralized data bank.
 Appointment of consultants by regulatory body.

15. Suggestions Regarding Process of
Clearance
 Transparency
 Main EIA
Info desk to reach out to masses
Decision making should be transparent
Updated website
More professional experts needed so that study
and prediction are accurate
People’s opinion should be taken at the stage of
scoping
Evaluation and mitigation to be transparent

16. Suggestions Regarding Process of
Clearance
 Public hearing
Scope of public hearing should be widened
EIA document should be available in local languages to
people
Video recording of hearing
Thank you