Environmental Clearance under the EIA Notification

Environmental clearance is a prior approval required for scheduled projects that may significantly affect the environment. Under the EIA Notification, 2006, listed mining projects are classified, assessed and appraised before the competent authority permits or rejects them, usually with binding environmental conditions.

Legal basis and project classification

The notification was issued under the Environment (Protection) Act, 1986. Mining proposals covered by Item 1(a) of its Schedule are classified according to factors such as mineral, lease area and location.

• Category A projects are appraised at the Union level by the Expert Appraisal Committee, with clearance decided by the Ministry of Environment, Forest and Climate Change.
• Category B projects are handled by the State Environment Impact Assessment Authority on the recommendations of the State Expert Appraisal Committee.
• The General Condition may elevate a Category B proposal to Category A when it lies near specified protected, polluted or ecologically sensitive areas, or interstate or international boundaries.

Stages of environmental clearance

The process comprises screening, scoping, public consultation and appraisal, subject to the category and applicable exemptions.

• Screening applies to Category B projects and separates B1 projects, which ordinarily require an EIA report, from B2 projects, which do not require one.
• During scoping, the EAC or SEAC prescribes Terms of Reference for preparing the EIA and environmental management plan.
• Public consultation ordinarily combines a public hearing conducted through the State Pollution Control Board with written responses from affected persons and other stakeholders.
• During appraisal, the EAC or SEAC examines the application, EIA, consultation outcome and mitigation measures, and then recommends grant or rejection of clearance.

Decision, safeguards and monitoring

The regulatory authority may grant clearance with project-specific conditions or reject the proposal. Six-monthly compliance reports must be submitted, and the authority may monitor compliance or act against violations.

• The application and EIA must address likely effects on water, biodiversity, local communities and environmentally sensitive features, including nearby wetlands where relevant.
• Environmental clearance does not replace separately required forest, wildlife, mining or wetland-related permissions under applicable laws.

How UPSC asks this