Public Consultation in Environmental Impact Assessment

Public consultation is the stage of environmental clearance at which people likely to be affected by a proposed project, and others having a plausible stake in its environmental impacts, can express their concerns. Under the EIA Notification, 2006, its purpose is to ascertain these concerns so that they can be appropriately considered in project design, the Environmental Management Plan and regulatory appraisal. It ordinarily includes a public hearing near the project site and written responses from other concerned persons.

Purpose and place in the clearance process

Public consultation is Stage III of the prior environmental-clearance process, following preparation of the draft EIA on the prescribed Terms of Reference and preceding appraisal by the Expert Appraisal Committee or State Expert Appraisal Committee.

• It ordinarily applies to Category A and Category B1 projects, subject to the exemptions specified in the notification.
• It enables locally affected persons to raise environmental concerns and seek information or clarification about the project.
• It also permits written comments from other persons having a plausible stake in the project's environmental aspects.
• The hearing is a consultative input into environmental decision-making; the environmental-clearance decision is taken by the competent regulatory authority after appraisal.

Organisation of the public hearing

• The State Pollution Control Board or Union Territory Pollution Control Committee conducts the hearing at the project site or in its close proximity, with district-wise hearings where required.
• The applicant submits the draft EIA report and its executive summary, including a version in the local language, for the consultation process.
• The date, time and venue are publicised through notice in a major national daily and a regional vernacular or official-state-language daily.
• A minimum notice period of 30 days is provided for the public to furnish responses.
• The draft EIA and executive summary are made accessible at designated local offices and through the concerned pollution-control authority.
• The hearing is presided over by the District Magistrate, District Collector or Deputy Commissioner, or a representative not below the rank of Additional District Magistrate, assisted by a representative of the pollution-control authority.
• No quorum is required for conducting the public hearing.

Proceedings and follow-up

• The applicant's representative presents the project and the main findings of the draft EIA.
• Persons present are given an opportunity to seek information or clarification and to express environmental concerns.
• The proceedings must accurately reflect the views and concerns expressed during the hearing.
• The summary of proceedings is read out to the audience in the local or vernacular language and the agreed minutes are signed by the presiding authority and the pollution-control authority's representative.
• The hearing is videographed and the attendance record forms part of the proceedings.
• The pollution-control authority forwards the public-hearing proceedings to the regulatory authority, ordinarily within 45 days of the applicant's request.
• The regulatory authority separately invites written responses by placing the summary EIA and prescribed application information in the public domain, while excluding legally protected confidential information.
• After consultation, the applicant must address all material environmental concerns, make appropriate changes in the draft EIA and Environmental Management Plan, and submit the final documents for appraisal.

How UPSC asks this