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MODULE 1
ENVIRONMENTAL IMPACT CONTENTS

ASSESSMENT ❖ Definition , Need for EIA, Evolution of EIA : Global & Indian Scenario

CET415 ❖ Environmental legislations in India- The Water (Prevention & control of

(2019 SCHEME) pollution)Act 1974, The Air(Prevention & Control of pollution)Act 1981,
The environmental (Protection) Act 1986.

PREPARED BY : NADEEMA KHADER S ❖ Environmental standards for water, air and noise quality
Asst. Professor
❖ EIA Notification 2006
CIVIL ENGG DEPARTMENT
ACE COLLEGE OF ENGINEERING
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MODULE 2 MODULE 3
CONTENTS CONTENTS

❖ Environment Clearance process in India: Screening, Scoping , Public

Consultation, Appraisal- Form1- Category of projects ❖ EIA methodologies: Ad hoc, checklist, matrix, network and overlay

❖ Generic structure of EIA report- terms of reference (ToR) ❖ Impact Prediction, Evaluation and Mitigation, Prediction and
❖ Types of EIA: strategic, regional, sectoral, project level- Rapid assessment of the impact on water (surface water and groundwater),
EIA, and Comprehensive EIA air, and noise environment

❖ Initial Environmental Examination ❖ Assessment of ecological impacts and Socio economic Impacts

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MODULE 4 MODULE 5
CONTENTS
❖ Environmental Management Plan (EMP): Goal and purpose- CONTENTS

Importance of EMP- Content of an EMP

❖ Role of environmental monitoring program ❖ EIA case studies (Indian)- a highway project

❖ Environment Audit: need for audit- audit types and benefits- ❖ Hydro electric power plant, air port project

environmental audit procedure ❖ Quarry mining project, solid waste management project

❖ ISO 14001 standards: Importance, salient features - Stages in

implementation- Benefits
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INTRODUCTION
▪ In recent decades, the natural environment has suffered significant degradation due to
rapid industrialization, urbanization, deforestation, and pollution.
▪ Issues such as climate change, loss of biodiversity, air and water pollution, and land
degradation have become critical concerns worldwide.
▪ In response to growing environmental degradation, several new environmental legislations

MODULE 1 were introduced globally.

▪ These laws aimed to reduce or control the adverse impacts of human activities on the
environment.
▪ Along with the introduction of laws, Environmental Management emerged as a key focus
area.
▪ Environmental Management refers to maintaining a balance between human
development and environmental sustainability.
▪ It focuses on the planned use and protection of natural resources to ensure long-term
ecological health.
▪ The goal is to promote development while minimizing negative impacts on air, water, land,
and living organisms.
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INTRODUCTION ENVIRONMENTAL IMPACT ASSESSMENT

DEFINITION OF EIA
❖ Key Environmental Management Tools Include: ▪ Environmental Impact Assessment (EIA) is defined as a planning tool used for the
identification, evaluation and mitigation of potential impacts (positive and negative) of
Environmental Management System (EMS)
proposed plan/policy/programme on physical/biological/social/cultural/economic factors
Environmental Impact Assessment (EIA) prior to decision making.
▪ UNEP defines Environmental Impact Assessment (EIA) as a tool used to identify the
Life Cycle Assessment (LCA)
environmental, social and economic impacts of a project prior to decision-making.
Waste Minimization Programmes
▪ OR It is defined as an activity designed to identify and predict the impact of legislative
Environmental Auditing (EA)
proposals, policies, programmes, projects and operational procedures on the bio
Eco-Labelling of Products
geophysical environment and on the health and well being of human beings and to

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interpret and communicate information about the impact 10

ENVIRONMENTAL IMPACT ASSESSMENT NEED FOR EIA / PURPOSE OF EIA

Main objectives of EIA: 1. To check environmental damage before starting a project

✔ Predict environmental impacts of projects. • New projects may disturb the natural balance of the environment.

✔ Find ways and means to reduce adverse impacts. • EIA helps decide whether the project should be allowed or not.

✔ Refine/shape the proposed project to suit the local environment 2. To maintain environmental quality

✔ Present the predictions and options before the decision makers. • EIA studies how the project will affect air, water, soil, and local ecology.
• Helps in protecting natural resources.
❖ By using EIA both environmental and economic benefits can be achieved, such as reduced 3. To suggest pollution control measures
cost and time of project implementation and design, avoided treatment/clean-up costs and • EIA recommends ways to reduce or treat pollution (e.g., setting up treatment plants).
impacts of laws and regulations. • These can be planned along with the project.
4. To include public opinion
• Public participation is part of the EIA process.
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NEED FOR EIA / PURPOSE OF EIA NEED FOR EIA / PURPOSE OF EIA
5. To prevent natural disasters
10. To reduce costs in the long run
• Helps identify risks like landslides, floods, and deforestation.
• Identifying issues early can avoid delays and extra costs in the future.
• Projects can be designed to avoid these hazards.
11. To make development sustainable
6. To improve coordination and transparency
• Ensures development without damaging the environment permanently.
• Builds good relations between the government, developers, environmentalists, and local
• Helps in achieving long-term benefits for people and nature.
communities.
12. To guide better project planning
7. To avoid legal disputes
• EIA helps modify project plans to reduce negative impacts.
• Proper EIA helps reduce court cases and legal issues related to environmental violations.
• Makes projects more acceptable and eco-friendly.
8. To enable continuous monitoring
• EIA sets up systems to check environmental effects during and after project completion.
9. To support better decision-making
• Provides data and analysis to help authorities take informed decisions.
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EVOLUTION OF EIA EVOLUTION OF EIA WORLDWIDE

• To understand the use of EIA as a tool for environmental management, let us discuss how EIA 2. Spread to Other Developed Countries
has evolved over the years. ▪ Several other countries followed and adopted EIA legislation:
EVOLUTION OF EIA WORLDWIDE ▪ Canada – in 1973 ▪ Netherlands – in 1981
1. Introduction and First Adoption ▪ Australia – in 1974 ▪ Japan – in 1984
▪ The United States of America was the first country to give legal status to EIA. ▪ In July 1985, the European Community (EC) issued a directive that made environmental
▪ It did so through the National Environmental Policy Act (NEPA) in 1969. assessments compulsory for specific categories of projects.
▪ NEPA made it mandatory for federal agencies to conduct environmental assessments before 3. Adoption in Developing Countries
approving major projects. ▪ Colombia was the first Latin American country to introduce a formal EIA system in 1974.
▪ In the Asia-Pacific region, countries like Thailand and the Philippines (1978) had already
established EIA procedures.
▪ Sri Lanka made EIA mandatory in 1984 for certain types of development projects.
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EVOLUTION OF EIA WORLDWIDE EVOLUTION OF EIA WORLDWIDE

4. Involvement of Bilateral and Multilateral Agencies (iv) World Bank
▪ Various international organizations recognized the value of EIA as a decision-making tool for • In 1987, the World Bank made EIA a core part of its policy.
development planning. • The policy emphasized that environmental issues must be addressed as part of economic
(i) OECD (Organisation for Economic Cooperation and Development) development planning and decision-making.
Issued recommendations on EIA: (v) Asian Development Bank (ADB)
In 1974 and 1979 to its member countries. • In 1990, ADB published EIA guidelines to promote environmental assessment as a standard
For development aid projects in 1986. practice in development finance.
In 1992, OECD released guidelines for good practices in EIA. 5. Stages in the Development of EIA (Garner & O’Riordan, 1982)
(ii) UNEP (United Nations Environment Programme) ▪ EIA evolved through a series of conceptual and procedural improvements:
In 1980, UNEP provided guidance on the EIA process for development proposals. ▪ No formal environmental consideration:
Supported research on EIA in developing countries. ▪ Decisions were based on engineering feasibility and interest group lobbying.
In 1987, UNEP defined the goals and principles of EIA for its member countries. ▪ Primary focus was economic development.
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In 1988, it provided a framework for basic procedures in conducting EIA.

EVOLUTION OF EIA WORLDWIDE

▪ Conventional cost-benefit analysis:
▪ Focus on efficiency and technical feasibility.
▪ Environment still not given major importance.
▪ Innovative cost-benefit analysis:
▪ Included multiple objectives and discount rates.
▪ Use of proxy pricing mechanisms to account for environmental impacts.
▪ Economic development remained important but was not the sole consideration.
▪ Biophysical impact analysis:
▪ EIA focused on the impact of projects on natural systems like land, air, and water.
▪ However, economic growth was still the main objective.
▪ Integrated socio-environmental analysis:
▪ EIA began to give more attention to socio-cultural impacts in addition to biophysical ones.
▪ Balanced approach to development with a broader environmental and social focus. 19 20

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ENVIRONMENTAL IMPACT ASSESSMENT (EIA) IN INDIA ENVIRONMENTAL IMPACT ASSESSMENT (EIA) IN INDIA
▪ The Indian, experience with Environmental Impact Assessment began over 20 years back.
▪ The Environment (Protection) Act (EPA) was enacted on 23 May 1986, in response to growing
▪ EIA in India began in 1976–77 when the Planning Commission asked the Department of Science
environmental concerns including the Bhopal Gas Tragedy.
and Technology (DST) to examine river valley projects from an environmental perspective.
▪ EPA is considered an umbrella legislation because it empowers the central government to
▪ Later, this evaluation was extended to other major projects requiring Public Investment Board
regulate all environmental aspects and industries.
approval, although it was an administrative action without legal backing.
▪ Using the EPA, the government made EIA legally mandatory for certain categories of projects.
▪ After the 1972 Stockholm Conference, environmental concerns gained importance in India.
▪ The first formal EIA Notification was issued by the MoEF on 27 January 1994 under the EPA.
▪ The government set up the National Committee on Environmental Planning and Coordination
▪ This notification made Environmental Clearance (EC) compulsory for all new projects listed under
(NCEPC) under DST to assess environmental impacts of development projects.
Schedule 1 and also for the expansion or modernization of existing activities.
▪ Based on the recommendations of NCEPC, the Department of Environment (DoE) was created in
▪ The schedule 1 includes the list of projects requiring environmental clearance from the Central
1980.
government. ( nuclear power projects, river valley projects, ports, harbours, petroleum refineries
▪ In 1985, the Department of Environment (DoE) was upgraded to the Ministry of Environment and
etc.)
Forests (MoEF), giving more importance and authority to environmental matters. 21 22

ENVIRONMENTAL IMPACT ASSESSMENT (EIA) IN INDIA ENVIRONMENTAL IMPACT ASSESSMENT (EIA) IN INDIA
▪ The 1994 Notification was amended nearly 12 times to improve and clarify the process. ▪ It laid out a four-stage process: screening, scoping, public consultation, and appraisal.
▪ In 1997, a key amendment introduced the concept of Public Hearing into the EIA process. ▪ The 2006 Notification expanded the list of projects requiring EC to include mining, thermal
▪ Public Hearing included submission of the report to the State Pollution Control Board (SPCB), power plants, river valley projects, roads, highways, ports, airports, and even small-scale
issuing a public notice, forming a public hearing panel, and fixing a timeline for completing the industries like electroplating and foundries.
hearing. ▪ Several other environmental laws are linked to EIA compliance, including the
▪ On 14 September 2006, the MoEF released a revised EIA Notification which replaced the 1994 ▪ Water (Prevention and Control of Pollution) Act, 1974;
version. ▪ Air (Prevention and Control of Pollution) Act, 1981; Forest (Conservation) Act, 1980;
▪ The 2006 Notification classified projects into two categories: Category A (cleared by MoEF) ▪ Noise Pollution (Regulation and Control) Rules, 2000; and
and Category B (cleared by State Environment Impact Assessment Authorities – SEIAAs). ▪ Hazardous Wastes (Management and Handling) Rules, 1989.
▪ In addition to central regulations, state governments may have their own environmental rules,
but they must be consistent with national laws and standards.
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ENVIRONMENTAL IMPACT ASSESSMENT (EIA) IN INDIA ENVIRONMENTAL LEGISLATIONS IN INDIA

▪ Nature has always been full of mysteries and has fascinated humans for ages.
EIA Institutional Framework in India
▪ With the arrival of humans, various harmful substances have been released into the
▪ EIA process works through both Central and State levels.
environment due to human activities.
▪ Central Level Authorities:
▪ This has led to stress on nature, highlighting the urgent need to conserve and protect the
• Impact Assessment Division (IA) of MoEF
environment.
• MoEF Regional Offices
▪ Environmental laws are rules and regulations that aim to control human activities which affect
• Central Pollution Control Board (CPCB)
or may affect the environment.
▪ State Level Authorities:
▪ It is hard to clearly define the boundaries of environmental law as environmental issues are
• State Pollution Control Boards (SPCBs)
complex and interconnected.
• State Departments of Environment (DoE)
▪ These institutions together ensure the systematic implementation of EIA, monitoring of
compliance, and safeguarding of environmental standards during development activities.
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ENVIRONMENTAL LEGISLATIONS IN INDIA WATER POLLUTION

▪ Main objectives of environmental laws:
▪ Contamination of water bodies (rivers, lakes, oceans etc) very often by human activities
• To regulate the overuse of natural resources.
▪ It occurs when pollutant ( particles, chemicals or any substance that make water
• To protect the environment and biodiversity.
contaminated) are discharged directly or indirectly into water bodies without enough
• To punish or take legal action against those who harm the environment.
treatment to get rid of harmful compounds.
• To empower authorities to act against violations of environmental laws.
▪ Constitutional Provisions in India related to environmental protection:
▪ Article 48A – Part of the Directive Principles of State Policy. It states that it is the responsibility
of states to protect and improve environment and to safe guard the forests and wildlife of the
country.
▪ Article 51A(g) – Part of the Fundamental Duties of citizens. It states that it is the fundamental
duty of every citizen to protect and improve the environment including forests, lakes, rivers and
wildlife and to have compassion for living creatures. 27 28

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WATER (PREVENTION AND CONTROL OF POLLUTION) WATER (PREVENTION AND CONTROL OF POLLUTION)
ACT, 1974 AND AMENDMENT 1988 ACT, 1974 AND AMENDMENT 1988
▪ This Act, commonly known as the Water Act, aims to prevent and control water pollution and
•Enacted in: 1974 •Total Chapters: 8
to maintain or restore the purity of water.
•Came into force: 23 March 1974 •Total Sections: 64
▪ It defines key terms such as pollution, sewage effluent, trade effluent, stream, and boards.
•Amended: 1988
▪ The Act outlines the roles and responsibilities of the Central Pollution Control Board (CPCB)
Objectives of the Act
and State Pollution Control Boards (SPCBs).
✔ To prevent and control water pollution by restricting the discharge of pollutants into water
▪ Water pollution is defined as the contamination or change in the physical, chemical, or
bodies.
biological properties of water due to the discharge of wastewater (sewage), making it harmful
✔ To maintain and restore the wholesomeness of water for all legitimate uses (drinking,
to health and unsuitable for domestic, industrial, or agricultural use.
irrigation, industry, etc.).
▪ It strictly prohibits the disposal of poisonous, harmful, or polluting substances into water
✔ To establish Central and State Boards to plan and execute programs for controlling water
bodies and any matter that obstructs the natural flow of water in a stream.
pollution.
▪ The Act provides for strict punishments, including fines and imprisonment, for violations.
✔ To provide penalties for acts that lead to water pollution.
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WATER (PREVENTION AND CONTROL OF POLLUTION) WATER ACT, 1974

ACT, 1974 AND AMENDMENT 1988
▪ Salient Features of the Water Act:
▪ 1988 Amendment Highlights:
• Establishment of CPCB and SPCBs to monitor and control
• Gave power to the pollution control
water pollution.
boards to shut down polluting
• Requires prior approval from the Pollution Control Board
industries.
before starting, running, or expanding any industry that
• Allowed boards to cut off water
discharges effluents.
and electricity supply to such
• Empowers PCBs to inspect industrial units, plants, and
industries through an
factories, and examine related records and documents.
administrative order.
• Allows PCBs to collect and analyze samples of industrial
• Introduced a citizen’s suit
wastewater and provides for criminal liability in case of
provision, enabling the public to
violations.
take legal action against polluters
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WATER ACT, 1974 WATER ACT, 1974

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WATER ACT, 1974

WATER ACT, 1974
❖ Functions of Central Pollution Control Board (Section 16) ❖ Functions of State Pollution Control Boards (Section 17)
[Link] the Central Government on water pollution-related matters. [Link] and implement programs for pollution control of wells and streams within the state.
[Link] the activities of various State Boards and resolve inter-state disputes. [Link] the State Government on policy matters related to water pollution.
[Link] technical assistance and conduct research on water pollution. [Link] with CPCB in training and research.
[Link] training programs for personnel involved in pollution control. [Link] effluent standards for sewage and trade effluents, and classify state water bodies.
[Link] public awareness programs using mass media. [Link] the reuse of treated effluents in agriculture or industry.
[Link] and publish manuals, reports, and codes for controlling pollution. [Link] laboratories for testing and analysis of water samples.
[Link] down national standards for water quality and effluent discharge. [Link] and inspect industries, sewage treatment plants, and other sources of pollution.

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WATER ACT, 1974 WATER ACT, 1974

❖ Prevention and Control Measures
❖ Prevention and Control Measures
[Link] State Pollution Control Board (SPCB) can limit its orders to specific areas where water
6. Before starting any new industry or sewage treatment facility, a person must get written
pollution is found to be a problem, instead of applying them to the whole state.
approval (consent) from the State Board.
[Link] polluted areas can be identified using maps, district boundaries, or watershed lines, so
7. The Board may approve the project with certain conditions, and the industry can only begin
that only the affected regions are covered by the pollution control measures.
work after receiving this permission.
[Link] Board has the power to inspect land, collect water samples, and conduct surveys to check
8. If someone starts an activity without approval, the Board can either stop the work or impose
for pollution and take necessary actions to control it.
suitable conditions to control pollution.
[Link] can ask industries or factories to share details about how they are built and how they handle
9. The Board also has the right to cancel or change the conditions of any previously granted
wastewater and pollution.
approval, especially if pollution control is not being followed properly.
[Link] an industry or person is found discharging harmful substances into water, the Board can take
steps to stop it and ensure pollution standards are followed.

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WATER ACT, 1974 AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
❖ Penalties and Offences & AMENDMENT 1987(commonly known as the air act)
[Link] Sections 43, 45, and 45A, any general violation of the Act can lead to imprisonment ▪ This Act provides for the prevention, control, and reduction of air pollution, and establishes Boards

ranging from 3 months to 7 years, along with a fine, depending on the seriousness of the offence. with the powers and responsibilities needed to carry out these objectives, along with related

In some cases, both imprisonment and fine may be imposed. matters.“

[Link] per Section 42, specific offences such as removing or damaging notices put up by the Board, ▪ The Act defines important terms such as air pollution, air pollutant, automobile, industrial plant, etc.

obstructing Board officials in their duties, or failing to provide required information or giving ▪ Air Pollution is defined as the presence of any solid, liquid, or gaseous substance in the atmosphere

false information are punishable with up to 3 months of imprisonment or a fine up to ₹10,000 or in such concentrations that may be harmful to human beings, animals, plants, property, or the

both. environment.

[Link] to Sections 20(2) and 20(3), if a person does not comply with the Board's survey or ▪ Amendment of 1987 – Key Enhancements

inspection orders, they may face imprisonment of up to 3 months, or a fine, or both. ▪ Gave Boards the power to shut down air-polluting industries by administrative order.

[Link] Sections 32(1)(e) and 33(2), failure to take necessary steps to prevent water pollution can ▪ Empowered Boards to stop the supply of electricity and water to polluting units.

result in imprisonment ranging from 6 months to 6 years, or a fine, or both. ▪ Introduced the citizen suit provision, allowing citizens to take legal action against air polluters.
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▪ Included “noise” as an air pollutant, extending the scope of the Act.

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AIR ACT, 1981 AIR ACT, 1981

❖ Objectives of the Air Act, 1981
 The main aim of this Act is to prevent, control, and reduce air pollution to protect the
environment and public health.
 The Act seeks to set up Central and State Pollution Control Boards to help carry out and
enforce the law.
 These Boards are given specific powers and responsibilities to take action against air
pollution and to ensure that industries and other sources follow pollution control rules.
 The Act applies throughout the entire country, making it applicable in every state and union
territory of India.

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AIR ACT, 1981 AIR ACT, 1981

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AIR ACT, 1981 AIR ACT, 1981

 Salient Features of the Air (Prevention and Control of Pollution) Act, 1981
 Penalty under the Air Act, 1981
1. The Act gives Pollution Control Boards (PCBs) the authority to take necessary steps to prevent, control,
[Link] Air (Prevention and Control of Pollution) Act, 1981 consists of 54 sections, and its main purpose is
and reduce air pollution in their respective areas.
to define important terms related to air pollution and outline rules to control it.
2. It makes it mandatory for industries to take prior permission from the Pollution Control Board before
[Link] person who violates any provision of the Act, or disobeys an order or direction issued under it, can
starting, running, or expanding any activity that could release harmful gases or pollutants into the air.
be punished with imprisonment for up to three months, or a fine of ₹10,000, or both.
3. The Pollution Control Boards have the power to enter industrial units, check their machinery, go
[Link] the offence continues even after the person is convicted the first time, an additional fine of up to
through records, and measure pollution levels to ensure they are following the rules.
₹5,000 per day may be imposed for each day the violation continues.
4. If an industry is found violating pollution standards, the Board can order it to shut down and can also
stop essential services like electricity and water supply until the pollution is controlled.
5. The Boards are allowed to take air samples from the surrounding environment or directly from
chimneys and emission sources to test the level of pollutants being released.
6. The Act includes provisions for punishment such as fines or imprisonment for individuals or industries
that do not follow the rules and regulations laid down in the Act.
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AIR ACT, 1981 AIR ACT, 1981

 Functions of the central board  Functions of the State Pollution Control Board
• The main role of the Central Board is to improve air quality and control air pollution across India. [Link] State Board is responsible for planning a detailed programme to prevent, control, and reduce air

• It advises the Central Government on matters related to air pollution control and improving air quality. pollution, and ensuring that the programme is properly implemented.

• It plans and executes pollution control programs on a national level. [Link] must advise the State Government on all matters related to controlling and preventing air

• It coordinates with State Boards and helps resolve any disputes between them. pollution.

• It provides technical help and guidance to State Boards. [Link] Board is expected to gather information about air pollution and share it with the public and

• It conducts and supports research and investigations on air pollution issues and solutions. relevant authorities.
[Link] works together with the Central Board to train people who are involved or will be involved in air
pollution control work and also conducts public awareness programmes about air pollution and its
prevention.
[Link] State Board can regularly inspect areas marked as air pollution control zones, check the air
quality in those areas, and take necessary action to reduce pollution when needed.
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THE ENVIRONMENTAL (PROTECTION) ACT 1986 THE ENVIRONMENTAL (PROTECTION) ACT 1986

 Introduction and Background

 In the 1970s, rapid industrial growth caused severe environmental damage worldwide.
 This led to global efforts to conserve the environment, resulting in the Stockholm Conference held
from June 5–16, 1972.
 In India, the Bhopal Gas Tragedy (1984) highlighted the urgent need for strong environmental laws.
 As a result, the Environment Protection Act (EPA), 1986 was passed by the Indian Parliament and
came into force on November 19, 1986.

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THE ENVIRONMENTAL (PROTECTION) ACT 1986 THE ENVIRONMENTAL (PROTECTION) ACT 1986

• To provide for stringent and deterrent punishment to the offenders of the natural environment • It fills the lacuna created by several other distinct legislation like the Water Act and Air Act.

who endanger its safety and health. It connects them together and makes them more effective.
• To facilitate the growth of subordinate and delegated legislation on ecologically sensitive topics • It is broad and comprehensive legislation that covers the definitions, powers, and
and environment protection. responsibilities of the central government towards the environment, and penal provisions as
• To promote sustainable development, i.e. balance the overall development with environmental well.
protection.
DEFINITIONS
Why is Environment Protection Act called an ‘Umbrella Act’
• Environment– Environment has been defined to include air, water, and land, and the inter-
The Environment Protection Act is called an ‘Umbrella Act’ because of the following reasons:
relationship among and between air, water, land and human beings, other living creatures,
• It establishes the basic framework for planning and executing large-scale strategies to protect and
microorganisms, plants and property.
improve the overall environment, rather than focusing on specific aspects.
• It provides for coordination between the Central government, state government, and authorities • Environment pollutant- A pollutant is any substance in a solid, liquid, or gaseous state,
that are established under various other legislation related to the environment. which when present in a certain concentration can be injurious to the environment.
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THE ENVIRONMENTAL (PROTECTION) ACT 1986

• Environment pollution– The presence of an environmental pollutant in the environment
is called environment pollution.
• Handling– Handling, in respect of any substance, is deemed to imply its “manufacture,
processing, treatment, package, storage, transportation, use, collection, destruction,
conversion, offering for sale or its transfer.”
• Hazardous substance– It refers to any substance or preparation which can cause harm
to humans, plants, other living creatures, property, or the environment due to its
chemical or physico-chemical properties or handling.
• Occupier- In respect of any factory or premises, it refers to the person who is in control
over the affairs of the factory or premises, and in respect of any substance, it refers to the
person who is in possession of that substance.

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THE ENVIRONMENTAL (PROTECTION) ACT 1986 THE ENVIRONMENTAL (PROTECTION) ACT 1986
 Penalties and Punishments (Sections 15–17)  Salient Features of the Act
 Anyone who violates the Act can be jailed for up to 7 years, fined up to ₹1,00,000, or fined ₹5,000 • It deals with criminal offences related to environmental violations.
per day for continuing offences. • Central Government holds the highest power under the Act.
 If the violator is a company, the responsible persons (like directors or partners) can also be • Environmental labs can be established or authorized by the Central/State Governments and
punished. Pollution Control Boards.
 Even government departments can be held accountable, and the Head of Department (HoD) can • Strict penalties are enforced for environmental damage.
be prosecuted. • Any person can file a legal complaint — you don't need to be directly affected (this is called
relaxed locus standi).
• The Act clearly defines and manages hazardous waste handling.
• The law also applies to government agencies.

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THE ENVIRONMENTAL (PROTECTION) ACT 1986

EIA NOTIFICATION 2006
 Rules Made Under the Environment Protection Act
Some important rules notified under this Act include:
 Environment Protection Rules, 1986
 Hazardous Waste Rules, 1989 (updated in 2016)
 Bio-Medical Waste Rules, 1998
 Municipal Solid Waste Rules, 2000
 Noise Pollution Rules, 2000
 Ozone Depleting Substances Rules, 2000
 Battery Waste Rules, 2001
 Plastic Waste Rules, 2011
 E-Waste Rules, 2011

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KEY ELEMENTS OF EIA 2006 1. Requirements of prior Environmental Clearance (EC)

 The following projects or activities must obtain prior Environmental Clearance (EC) from the

appropriate regulatory authority before starting any construction work or land preparation, except

activities related to securing the land:

 For projects listed under Category ‘A’ in the Schedule, clearance must be obtained from the Central

Government (Ministry of Environment and Forests).

 For projects under Category ‘B’, clearance must be obtained from the State Environment Impact

Assessment Authority (SEIAA) at the state level.

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2. State Level Environment Impact Assessment Authority [Link] of projects and activities
 A State Level Environment Impact Assessment Authority (SEIAA) shall be established by the Central  All projects and activities are broadly classified into Category A and Category B, based on the scale of
potential environmental impacts and their likely effects on human health, as well as natural and man-
Government and will consist of three members, including a Chairman and a Member-Secretary, both
made resources.
nominated by the respective State Government or Union Territory Administration.  Projects listed under Category ‘A’ require prior environmental clearance from the Central Government
 The Member-Secretary must be a serving officer of the State Government or Union Territory (Ministry of Environment and Forests – MoEF), based on the recommendations of an Expert Appraisal
Committee (EAC) appointed by the Central Government for this purpose.
Administration with knowledge of environmental laws.
 Projects listed under Category ‘B’ require prior environmental clearance from the State or Union
 The other two members should be either professionals or experts in relevant fields. Among them, the Territory Environment Impact Assessment Authority (SEIAA), which will make its decision based on the
member with expertise in the Environmental Impact Assessment (EIA) process will serve as the recommendations of a State or UT-level Expert Appraisal Committee (SEAC).
 If a duly constituted SEIAA or SEAC is not available, any Category ‘B’ project shall be treated as a
Chairman of the SEIAA.
Category ‘A’ project and will require clearance from the Central Government.
 All decisions of the SEIAA must be unanimous and made during official meetings.
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4. Screening, Scoping and Appraisal Committees:-

 The Expert Appraisal Committees (EAC) at the Central level and the State Expert Appraisal Committees
(SEAC) at the State/UT level are responsible for:
• Screening
• Scoping
• Appraising projects and activities under Category ‘A’ (by EAC) and Category ‘B’ (by SEAC)
 EAC and SEAC must meet at least once every month.
 Both committees are to be reconstituted every three years.
 The composition of the EAC is specified in Appendix VI of the EIA 2006 Notification.
 The SEAC is to be constituted by the Central Government in consultation with the concerned State
Government or Union Territory Administration.
 Members of the EAC or SEAC are permitted to inspect project sites where environmental clearance is
sought, for the purposes of screening, scoping, or appraisal.
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5. Application for Prior Environmental Clearance (EC) 6. Stages in the Prior Environmental Clearance (EC) Process for New Projects
 An application for prior environmental clearance must be submitted in all cases.
• The environmental clearance process for new projects will comprise of a maximum
 The application should be made after identifying the prospective site(s) for the project or activity.
 The application must be submitted before: of four stages,
• Starting any construction work, or (1) Screening (Only for Category ‘B’ projects and activities)
• Carrying out any land preparation at the site (except for securing the land).
(2) Scoping
 This requirement applies to all types of projects and activities that need environmental clearance.
(3) Public Consultation
(4) Appraisal

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1. SCREENING 2. SCOPING
 For Category ‘B’ projects or activities, the initial stage involves the scrutiny of the application by  For Category ‘A’ projects, the Expert Appraisal Committee (EAC), and for Category ‘B1’ projects, the
the State Expert Appraisal Committee (SEAC). State Expert Appraisal Committee (SEAC), are responsible for determining the Terms of Reference (ToR)
for the Environmental Impact Assessment (EIA) study.
 The purpose of this scrutiny is to determine whether the project requires further environmental
 The ToR should be detailed and comprehensive, covering all relevant environmental concerns specific to
studies and preparation of an Environmental Impact Assessment (EIA) report. the proposed project.
 Based on this assessment, Category ‘B’ projects are divided into two sub-categories:  The ToR is determined based on:
 The information provided in the prescribed application (Form 1)
 Category ‘B1’: Projects that require an EIA report.
 The ToR proposed by the applicant
 Category ‘B2’: Projects that do not require an EIA report.  A site visit, if deemed necessary by the EAC or SEAC (to be conducted by a sub-group of the committee)
 The Ministry of Environment and Forests (MoEF) will issue appropriate guidelines from time to  The finalized ToR must be communicated to the applicant within 60 days from the receipt of Form 1.

time for classifying projects as B1 or B2.

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2. SCOPING 3. PUBLIC CONSULTATION

 For Category ‘A’ hydroelectric projects, the ToR should be conveyed along with the clearance for pre-
 Public Consultation” refers to the process by which the concerns of local affected persons and others
construction activities.
 If the ToR is not finalized within 60 days, the ToR proposed by the applicant will be treated as who have plausible stake in the environmental impacts of the project or activity are ascertained with a

approved and final for conducting the EIA study. view to taking into account all the material concerns in the project or activity design as appropriate.
 The approved ToR must be published on the website of the Ministry of Environment and Forests and
 All Category ‘A’ and Category B1 projects or activities shall undertake Public Consultation,
the concerned SEIAA.
 At this stage, if the EAC or SEAC finds the application unsuitable, the regulatory authority (MoEF or  The Public Consultation shall ordinarily have two components comprising of a public hearing at the site

SEIAA) may reject the application. or in its close proximity- district wise for ascertaining concerns of local affected persons;
 In case of rejection, the decision along with reasons must be communicated in writing to the applicant
 obtain responses in writing from other concerned persons having a plausible stake in the
within 60 days of receiving the application.
environmental aspects of the project or activity.

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3. PUBLIC CONSULTATION 3. PUBLIC CONSULTATION

 The public hearing at, or in close proximity to, the site(s) in all cases shall be conducted by the State  For obtaining responses in writing from other concerned persons having a plausible stake in the
Pollution Control Board (SPCB) or the Union territory Pollution Control Committee concerned in the environmental aspects of the project or activity, the concerned regulatory authority and the State
specified manner and forward the proceedings to the regulatory authority concerned within 45 days of a Pollution Control Board (SPCB) or the Union territory Pollution Control Committee (UTPCC) shall
request to the effect from the applicant. invite responses from such concerned persons by placing on their website the Summary EIA report
 In case the State Pollution Control Board or the Union territory Pollution Control Committee concerned by the applicant along with a copy of the application in the prescribed form , within seven days of
does not undertake and complete the public hearing within the specified period, and/or does not convey the receipt of a written request for arranging the public hearing
the proceedings of the public hearing within the prescribed period directly to the regulatory authority  Confidential information including non-disclosable or legally privileged information involving
concerned as above, the regulatory authority shall engage another public agency or authority which is not Intellectual Property Right, source specified in the application shall not be placed on the web site.
subordinate to the regulatory authority, to complete the process within a further period of forty five days,.  The regulatory authority concerned may also use other appropriate media for ensuring wide
 If the public agency or authority nominated reports to the regulatory authority concerned that owing to the  publicity about the project or activity.
local situation, it is not possible to conduct the public hearing in a manner which will enable the views of the
concerned local persons to be freely expressed, it may have, decide that the public consultation in the case
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3. PUBLIC CONSULTATION 4. APPRAISAL

 Appraisal means the detailed scrutiny by the Expert Appraisal Committee or State Level Expert

Appraisal Committee of the application and other documents like the Final EIA report, outcome of

the public consultations including public hearing proceedings, submitted by the applicant to the

regulatory authority concerned for grant of environmental clearance.

 This appraisal shall be made by Expert Appraisal Committee or State Level Expert Appraisal

Committee concerned in a transparent manner in a proceeding to which the applicant shall be

invited for furnishing necessary clarifications in person or through an authorized representative.

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4. APPRAISAL [Link] or Rejection of Prior Environmental Clearance (EC)

 On conclusion of this proceeding, the Expert Appraisal Committee or State Level Expert Appraisal  If the regulatory authority does not give a decision within the specified time, the applicant can treat

Committee concerned shall make categorical recommendations to the regulatory authority concerned the clearance as approved or rejected based on the final recommendation of the Expert Appraisal
Committee or State Level Expert Appraisal Committee.
either for grant of prior environmental clearance on stipulated terms and conditions, or rejection of the
 Once the time limit for the authority’s decision is over, both the decision (if made) and the expert
application for prior environmental clearance, together with reasons for the same. committee’s final recommendation will be treated as public documents and can be accessed by

 The appraisal of an application be shall be completed by the Expert Appraisal Committee or State Level anyone.
 If the applicant hides important facts or submits false or misleading information at any stage—
Expert Appraisal Committee concerned within sixty days of the receipt of the final Environment Impact
whether during screening, scoping, appraisal, or decision-making—the application can be rejected.
Assessment report and other documents

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8. Validity of Environmental Clearance (EC) 9. Post Environmental Clearance Monitoring

 The “Validity of Environmental Clearance” is meant the period from which a prior environmental
 Project management must submit half-yearly compliance reports on the conditions specified in the
clearance is granted by the regulatory authority, or may be presumed by the applicant to have been
prior environmental clearance.
granted
 These reports must be submitted to the concerned regulatory authority in both hard and soft copies.
 10 years in the case of River Valley projects  All submitted compliance reports are considered public documents.
 Copies of these reports must be provided to any person who requests them from the regulatory
 30 years for mining projects
authority.
 five years in the case of all other projects and activities.
 The latest compliance report must be displayed on the official website of the regulatory authority
 This period of validity may be extended by the regulatory authority concerned by a maximum period
of five years provided an application is made to the regulatory authority by the applicant within the
validity period

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10. Transferability of Environmental Clearance (EC)

 Environmental clearance given for a project can be transferred to another person or company
during its valid period.
 The request for transfer can be made by either the original holder (transferor) or the new holder
(transferee).
 If the new holder is applying, a written "no objection" letter from the original holder must be
included.
 The application must be sent to the regulatory authority in charge.
 The clearance will continue with the same rules and conditions as before.
 The validity period of the clearance will also stay the same.

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