Environmental Clearance under the EIA Notification

Environmental clearance is a prior approval required before specified projects or activities that may significantly affect the environment can proceed. Under the EIA Notification, 2006, scheduled proposals are classified, assessed and appraised by expert bodies before the competent authority grants or rejects clearance, usually with binding environmental conditions.

Legal basis and project classification

The notification was issued under the Environment (Protection) Act, 1986. Projects listed in its Schedule are divided between central and state-level appraisal according to their type, size, capacity and location.

• Category A projects are appraised by the Expert Appraisal Committee, and clearance is 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.
• Mining proposals are covered by Item 1(a) of the Schedule and are classified according to applicable criteria such as mineral, lease area and location.

Stages of environmental clearance

The process comprises screening, scoping, public consultation and appraisal, subject to the project's 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 environmental impact assessment 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 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 compliance may be monitored or violations acted upon.

• Assessment 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.