INTRODUCTION
Environment Impact Assessment is a process to determine whether an implementation of a project cause harm to the environment or to the living creatures in that environment. EIA process have various steps in surveying for implementing a project. Till now we are following the procedure of EIA process as laid down under the 2006 amendment. But the parliament had now passed a draft related to EIA process and it is now left for public opinion till August 11 under the guidelines of the Ministry of Environmental Affairs. The final draft is yet to come and here we are going to discuss a brief view of EIA.
HISTORY OF EIA
Environment Impact Assessment also known as EIA is originated from the United States through the enactment of National Environment Policy Act (NEPA), 1970. EIA process was officially recognized on the Earth Summit at Rio Conference in 1992. Till 1980, there were no rules laid down for the establishment of any project implementation in India. The Environmental Protection Act came in 1986 for the protection of the environment and prevention of hazards to all living creatures. Before this Act the matter relating to environment were dealt with the department of Science, Technology and Agriculture respectively. After this Act, if there is a big project then Environment Clearance (EC) becomes an administrative requirement. The Ministry in 1994 announced the notification of Environment Impact Assessment.
WHAT IS ENVIRONMENT CLEARANCE?
EC is a certificate given by the respective government officials where certain projects get clearance which may cause huge pollution in the environment. There are two categories under EC as Category-A and Category-B laid down by the EIA notification 2006 where Category-A should get clearance from the Ministry of Environment, Forest, and Climate Change (MOEFCC) and Category-B from State environment Impact Assessment Authority (SEIAA).
EIA PROCESS
As stated before the Union Ministry of Environment and Forests under The Environmental (Protection) Act 1986, made a EIA notification stating Environmental Clearance as mandatory. Later the Ministry of Environment, Forests and Climate Changing (MOEFCC) notified a new EIA legislation in 2006. It is mandatory for various projects such as road, highway, ports, etc., thermal power plants, river valley, mining etc., The EIA process includes various steps as stated below:
SCREENING: Screening is a process where the location of implementation, the investment into the project, type of development and whether the project needs statutory clearance are all verified.
SCOPING: Scoping is a process where after a overall assessment about the project, the EIA team will get suggestion from various group of people like scientific institutions, investors, developers and also from local people.
COLLECTION OF BASELINE DATA: The environmental study of the location where the project is implemented is done by the EIA committee.
IMPACT PREDICTION: Impact prediction is done once the baseline data is collected. It is where a research methodology is done of how the environment in such location will be affected once the project is implemented.
IMPACT ASSESSMENT: This phase deals with the pros and cons of the implementation of project in such location and it is very useful when it comes to decision making.
MITIGATION: At this stage the pros and cons will be revealed. So in this mitigation process measures will be taken to reduce all the damaging effects which may occur to the environment due to the implementation of project.
EIA REPORT: EIA report is a formal document. It produces all the related documents of screening, scoping, baseline data, impact prediction and assessment, mitigation etc.
PUBLIC OPINION: This phase is very important as the EIA report will be given for public notification to the people who stays in that location and also for the environmental groups which states the need and consequence of the project. Their opinion will be taken into consideration and further more procedure will begin at this phase.
DECISION MAKING: Impact Assessment Authority is the one who finally decides whether a project should be implemented or not. He decides it with the consultation of his team and also by considering the EIA report and the Environment Management Plan (EMP).
If the project is approved then it will be implemented and follow up will begin. If the project is disapproved then it is redesigned and resubmission is made.
WHY EIA PROCESS IS NECESSARY?
What is EIA process? Is it really necessary? Why the government have to undergo such a large number of steps just to implement one single project? Does it really affect the environment if some of the steps were not followed? There will be a lot of question that comes in front of our mind like some which where stated above. There is a saying that a small ant is enough to collapse a giant elephant. Likewise, a small change in the environment may lead to a path of huge disaster.
CHANGES BROUGHT IN EIA PROCESS 2006
There were many changes in the EIA 2006 notification, but there was a major change in the stages of EIA process.
1. Environment Clearance:
Earlier in EIA process 1994, projects in Schedule-1 were divided into two category as A and B and this category will get its EC from Central Government if it falls under Category-A and under State Government if it falls under Category-B. But now all Schedule-1 projects will get its EC under Central Government.
2. Stages of EIA process:
The stages of EIA process were of nine and more steps in 1994 notification and it was reduced to four steps which is (i)Screening, (ii)Scoping, (iii)Public Consultation, (iv)Appraisal
a) Screening: The project proponent determines if the proposed project falls under the limit of Environment Clearance and then he conducts a EIA study directly or by his consultant.
b) Scoping: Scoping was not applicable. The terms of reference were done by the proponent without any public consideration.
c) Public Consultation: The project proponent will ask the State Pollution Control Board (SPCB) to conduct public hearing. The SPCB provides public notice and have to publish about the project at least in two newspapers. But there were a large number of loopholes in reference to public opinion as compared to EIA 1994. The person belonging to the location alone can oppose the project.
d) Appraisal: The Expert Appraisal Committee (EAC) or the State Expert Appraisal Committee (SEAC) will undergo a detailed scrutiny process related to the implementation of project based on the report and the public opinion.
After this phase, the regulatory authority will consider the report of EAC or SEAC to approve or disapprove the implementation of the project. Therefore, the 2006 notification failed to strengthen the public consultation which is the key component EIA process.
EIA 2020
In march 2020, the ministry proposed a draft to replace 2006 notification. Now it is left for public opinion. The reason for amendment from the government side is for more transparency in the process and online accessibility for the better approach and so on. But the important one which is called as the key factor of EIA “THE PUBLIC CONSULTATION” is a big question here. The opinion of public have become a very less important in this draft and once it comes out as an Act there may be no value of public opinion in any implementation of a project. Some of the major changes related to Public Opinion are as follows. The public has to submit its response of any application seeking EC is of within 20 days as per the draft which was for 30 days under the 2006 notification.
· It also states that the public opinion should be completed within 40 days which was for 45 days under 2006 notification.
In Samarth Trust Case, the Delhi HC stated that “EIA’s a part of participatory justice in which the voice is given to the voiceless and it’s like a jan sunwai where the community’s the jury”.
Furthermore major changes in the 2020 notification is as follows
· The extension of time given for submitting a compliance report throughout the term of the project. The earlier notification was for every six months but they were changed for a year.
In Vellore Citizens Welfare Forum vs UOI , the SC observed that “companies are vital for countries development , but having regard to pollution, the doctrine of ‘sustainable development’ must be adopted by them as a balancing concept. The reason why I stated this case here is reducing the time period of public opinion and increasing the time period of industrialist is a kind of unfair. The reason we improve industrialization is for the welfare of the people and not for people to suffer due to it.
· 2020 notification allows “Post-facto clearance” which means though an industry doesn’t get any proper clearance or approval they can have legitimized projects and if they want any clearance after approval they can get it. This aspect which clearly explains that the 2020 notification is for the industries rather then for the public.
REASON FOR WITHDRAWAL OF EIA 2020 NOTIFICATION
We live in an environment where we already facing tons of environmental problems like climate change, pollution etc., Though we have many procedures before implementing a project still there are some defects in such project which comes out with the help of loopholes. Just imagine a situation where there is no rules to establish a project, anyone or any type of project can be established without any procedures and they can throw their waste in anyplace and no one can stop them even if it destroys a nearby river, lake or any source that saves hundreds or thousands of people and Government can destroy a huge forest or river Valley for the development of state and we people will be in the position where we can’t even question them. Do remember that at the end of the day we need pure oxygen to breath and pure water to drink and some good food to keep us healthy. Without all these for how many days we can live..!
Some of the waiting projects to get clearance are as follows:
· DIBANG VALLEY:
A hydroelectric power project awaiting clearance which will lead to a loss of 2,70,000 trees from the forest of this valley which is also the home of 55 specie of birds, 50 mammals, 117 types of wild orchids and 90 species of amphibians and reptiles.
· MOLLEM NATIONAL PARK:
Goa's Bhagwan Mahaveer Sanctuary and Mollem National Park are ina grave danger after three projects have recently been approved. 170 hectares of the protected forests will be cleared for highway expansion, railway-line doubling and laying a power transmission line.
· DEHING PATKAI WILDLIFE SANCTUARY: This lowland rainforest area houses diverse plant and animal species like elephant, tiger, leopard, jungle cats, flying squirrels, sambar deer, slow loris and more. National Board for Wildlife gave a nod to a proposal for the usage of 98.59 hectares of this reserve for the extraction of coal by the Coal India Limited. These examples are very few and lot more forest and river Valley may be destroyed in the future.
CONCLUSION
What we are going to gain by a great industrialization in our country? I hope the answer might be that there will be development in the society, most of the people will be employed and the standard of our country will be high. But we will live in a society where we cannot even see pure water or inhale pure oxygen and even we can’t handle the climate change due to the damaged, dying environment. If one or two drafts which support industrialization come into existence then the future will be like I will take my children or grandchildren to the museum just to show how a tree will look like and I will show the photos of variety of food I ate during my childhood days where they will be eating some tablet to satisfy their cells that they ate. This paper doesn’t say that law is bad or the government is against public. But what I want to say is such Act really put public under suffering
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