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, studied, publicly examined where required, and appraised by expert bodies before the competent authority grants or rejects clearance, usually with binding conditions.

Legal basis and project classification

The notification was issued under the Environment (Protection) Act, 1986. Scheduled projects are assigned to central or 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.
• River-valley projects fall under Item 1(c) of the Schedule, while mining proposals fall under Item 1(a) and are classified using the applicable criteria.

Four stages of prior environmental clearance

Paragraph 7 provides four sequential stages, although every stage does not apply to every project because the notification contains category-based requirements and exemptions.

• Screening applies only to Category B proposals. The SEAC determines whether a proposal is B1, ordinarily requiring an EIA report, or B2, which does not require one.
• Scoping determines the detailed Terms of Reference for preparing the environmental impact assessment and environmental management plan. It is undertaken by the EAC for Category A proposals and by the SEAC for Category B1 proposals, subject to applicable exemptions.
• Public consultation, where required, ordinarily has two components: a public hearing conducted through the State Pollution Control Board and written responses from affected persons and other stakeholders.
• Appraisal is the detailed scrutiny by the EAC or SEAC of the application, EIA report, consultation outcome and mitigation measures. The committee recommends grant of clearance with conditions or rejection, after which the competent regulatory authority decides the proposal.

Application to river-valley projects

A river-valley proposal first follows the classification prescribed in the Schedule. Category A proposals proceed through the relevant sectoral EAC, while eligible Category B proposals follow the state route through the SEAC and SEIAA.

• The project proponent submits the prescribed application and pre-feasibility material, after which the appraisal committee determines the Terms of Reference for environmental studies.
• The EIA and EMP examine impacts on river flow, water quality, forests, biodiversity, catchment, downstream users and affected communities, as applicable.
• Project-specific measures may include catchment-area treatment, muck management, biodiversity conservation, disaster management, and rehabilitation and resettlement plans.
• Public consultation records concerns such as livelihood, displacement and downstream impacts before the committee appraises the proposal and mitigation commitments.

Decision, safeguards and compliance

Environmental clearance may contain project-specific safeguards. The approved environmental management plan and clearance conditions remain binding during construction and operation.

• 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.
• The project proponent must submit six-monthly compliance reports; compliance may be monitored and violations acted upon.