Model Answer:
The Environment Impact Assessment (EIA) is a critical tool for environmental management in India. The EIA Notification 2006 has been the governing framework for environmental clearances for various projects. In 2020, the Ministry of Environment, Forest and Climate Change proposed a draft EIA Notification 2020, which aims to replace the 2006 notification.
EIA notification 2006 was introduced under the Environment Protection Act 1986 (EPA) to govern the process of granting Environmental Clearance (EC) for projects like dams, mining, thermal power plants, infrastructure developments such as highways, ports, airports, and large-scale construction initiatives.
The notification streamlined the environmental clearance process by decentralizing it into two categories: Category A projects, which are evaluated at the national level, and Category B projects, reviewed at the state level.
For Category A projects, conducting an EIA is mandatory, but they bypass the screening phase. Conversely, Category B projects go through a screening process and are further divided into two subcategories:
The draft notification introduces a significant change by allowing post-facto approvals. This implies that projects can receive clearance even if they have commenced construction or are operational without having previously secured environmental clearances.
The draft notification proposes to reduce the time allocated for public responses during public hearings for environmental clearance applications from 30 days to 20 days. This reduction may compromise the ability of affected stakeholders to adequately prepare and share their views, comments, or suggestions, undermining the purpose of meaningful public hearings.
Under the 2006 notification, project proponents are required to submit compliance reports every six months to demonstrate adherence to the approved terms and conditions. The draft notification, however, revises this requirement, mandating compliance reports only once a year, potentially reducing oversight.
The draft notification significantly alters the EIA process by granting the central government authority to label certain projects as "strategic." Once categorized as strategic, no information regarding these projects will be disclosed to the public. Additionally, the draft increases the size threshold for new construction projects exempted from detailed scrutiny, EIA studies, and public consultation, raising the limit from 20,000 square meters to 1,50,000 square meters
The draft EIA Notification 2020 proposes several significant changes to the existing 2006 framework. While it aims to streamline processes and reduce regulatory burden, critics argue that it may dilute environmental safeguards. The proposed changes include shorter public consultation periods, post-facto approvals, extended validity for clearances, and more exemptions. These modifications could have far-reaching implications for environmental governance in India, potentially altering the balance between development and environmental protection.
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