The Draft Environment Impact Assessment (EIA) Notification, 2020 represents a significant evolution in environmental governance compared to the existing EIA Notification of 2006. The proposed changes signal a heightened awareness of environmental concerns and a desire to strengthen regulatory mechanisms. The 2020 draft introduces several amendments aimed at enhancing transparency, public participation, and accountability in the environmental clearance process. It introduces stricter norms for various sectors, emphasizes the integration of technology, and places a greater emphasis on post-clearance monitoring. Additionally, the draft notification seeks to address gaps and challenges identified in the implementation of the 2006 version, reflecting a proactive approach towards sustainable development and environmental protection. The contrast between the two notifications highlights a progressive shift towards more robust and responsive environmental management practices in the face of evolving ecological challenges.
UPSC Mains General Studies Paper – 3 Mains 2020
Conservation, environmental pollution and degradation, environmental impact assessment, Disaster and disaster management.
UPSC Mains Civil Services IAS Exam Question Paper – 2020
Decoding the Question
- In the Introduction, Start with defining environmental impact assessment.
- In Body,
- Discuss the differences between EIA 2020 and EIA 2006 notification.
- Try to Conclude by suggesting measures to make the draft more effective.
Answer
Introduction
Environmental Impact Assessment (EIA) is a process of evaluating the likely environmental impacts of a proposed project or development, taking into account inter-related socio-economic, cultural, and human-health impacts, both beneficial and adverse. Recently, the Ministry of Environment, Forest, and Climate Change (MoEFCC) has proposed a draft Environmental Impact Assessment (EIA) notification 2020, that seeks to replace the current EIA notification which goes back to 2006.
Salient features Environmental Impact Assessment 2006:
EIA notification 2006 issued under the Environment Protection Act 1986 (EPA) regulates Environmental Clearance (EC) given by the government for projects such as dams, mining, thermal power plants, infrastructure projects like highways, ports, airports, and big construction projects, etc.
- It has decentralized the environment clearance process by dividing developmental projects into Two Parts: Category (A) Projects to be appraised at the national level and Category (B) Projects to be appraised at the state level.
- Category A projects: These projects are assessed by the Impact Assessment Agency and Expert Appraisal Committee.
- Category B projects: These projects are appraised by the State Level Environmental Impact Assessment Authority (SEIAA) and the State Level Appraisal Committee are constituted to provide category B projects.
- Category A projects require mandatory EIA, but they do not undergo a screening process.
- Category B projects undergo a screening process, and they are classified into 2 types.
- B1 projects: Mandatorily require EIA
- B2 projects: Do not require mandatory EIA
Major Differences Between Draft And Current Notification:
- Post-Facto Approval: From a stark departure from the current notification, the new draft allows for post-facto approval for projects. It means that the clearances for projects can be awarded even if they have started construction or have been in the running phase without securing environmental clearances.
- Public Consultation Process: The draft notification provides for a reduction of the period from 30 days to 20 days for the public to submit their responses during a public hearing for any application seeking environmental clearance. If adequate time is not given for the preparation of views, comments, and suggestions to those who would be affected by the project, then such public hearings would not be meaningful.
- Compliance Report Issue: The 2006 notification required that the project proponent submit a report every six months, showing that they are carrying out their activities as per the terms on which permission has been given. However, the new draft requires the promoter to submit a report only once every year.
- Diluting EIA Process: Unlike the existing notification, with the draft notification, the central government gets the power to categorize projects as “strategic.” Once a project is considered as strategic, the draft notification states that no information related to such projects shall be placed in the public domain. Further, the draft notification states that the new construction projects up to 1,50,000 square meters (instead of the existing 20,000 square meters) do not need “detailed scrutiny” by the Expert Committee, nor do they need EIA studies and public consultation.
Conclusion
The Supreme Court in the Vellore citizens welfare forum ruled 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 draft EIA rule 2020, envisages consolidating the existing EIA rules and has the potential of alleviating some ambiguity in the present law. However, it must not compromise the existing principles of environmental sustainability.
Frequently Asked Questions (FAQs)
Q: What are the key changes introduced in the draft Environment Impact Assessment (EIA) Notification, 2020, compared to the existing EIA Notification, 2006?
Answer: The draft EIA Notification, 2020 introduces several key changes to the existing framework of the EIA Notification, 2006. Some notable changes include the post-facto approval clause, reduced public consultation periods, and the exclusion of certain projects from public consultations. Additionally, the draft EIA Notification, 2020 proposes changes in the categorization of projects, making it crucial to understand the revised criteria and thresholds.
Q: How does the draft EIA Notification, 2020, address concerns about post-facto approval and its implications for environmental compliance?
Answer: The draft EIA Notification, 2020 has been criticized for introducing a post-facto approval clause, allowing projects that have started without obtaining prior environmental clearance to seek approval after commencement. This is a significant departure from the EIA Notification, 2006, where such projects were deemed illegal. The implications of this change need careful consideration, as it could impact environmental compliance and accountability.
Q: In what ways does the draft EIA Notification, 2020, streamline the environmental clearance process compared to the EIA Notification, 2006?
Answer: The draft EIA Notification, 2020 proposes certain streamlining measures in the environmental clearance process. These include the reduction of public consultation periods for certain projects, aiming to expedite the approval process. Understanding the specific changes in timelines and procedures is essential to assess how the new notification aims to make the environmental clearance process more efficient.
Q: What projects are excluded from public consultations under the draft EIA Notification, 2020, and how does this differ from the provisions in the EIA Notification, 2006?
Answer: The draft EIA Notification, 2020 excludes a specific category of projects from the requirement of public consultations. Understanding which projects fall under this exclusion and how it differs from the provisions in the EIA Notification, 2006, is crucial. This change raises questions about public participation and transparency in decision-making for certain types of projects.
Q: How does the draft EIA Notification, 2020, address the concerns raised by environmentalists and activists, and what safeguards are proposed to ensure sustainable development?
Answer: Environmentalists and activists have expressed concerns about the potential adverse impacts of the draft EIA Notification, 2020 on sustainable development and environmental protection. Analyzing the provisions in the draft notification that address these concerns, and identifying any new safeguards introduced to ensure sustainable development, is essential for evaluating the overall effectiveness of the proposed changes.
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