Environmental Impact Assessment (EIA)
A Tool for the Protection of Environment & Sustainable Economic Development
Dr. Yogesh B. Patil MSc, PhD, DIBM, NET Associate Professor - Energy & Environment Symbiosis Institute of International Business (SIIB) (A Constituent of Symbiosis International University) Hinjewadi, Pune 411 057 (M.S.) INDIA Email ID: [Link]@[Link]
1
Environmental Impact Assessment (EIA)
Environment Impact Assessment Management
Environmental Impact Assessment (EIA)
Environment may be defined differently depending upon the perspective of the definer. In case of EIA, environment is usually considered to constitute three main subsystems: 1. Physical environment (geology, topology, climate, water, air) 2. Biological environment (terrestrial and aquatic communities, rare and endangered species, sensitive habitats, significant natural sites) 3. Socio-cultural environment (population, land use, development activities, good and services, public health, recreation, cultural properties, customs, aspirations)
3
Environmental Impact Assessment (EIA)
Impact may be defined as the consequences of the changes in the environment but it should not be confused with effect. For example, increase in river pollution due to the initiation of a new project is an effect while consequences of river pollution on human health, flora, fauna, etc. is the impact. However, most of times the terms impact and effect are used synonymously
Environmental Impact Assessment (EIA)
Assessment normally does not mean doing new science, but rather assembling, summarizing, organizing and interpreting pieces of existing knowledge and communicating them so that an intelligent but inexpert policy-maker will find them relevant and helpful in their deliberations Analysis is a subset of Assessment Management is both art and science. It is about managing the man materials money machines and methods/processes, etc.
5
Environmental Impact Assessment (EIA)
It is the systematic process of identifying future consequences of a current or proposed action EIA can be defined as the systematic identification and evaluation of the potential impacts (effects) of proposed projects, plans, programs or legislative actions relative to the physical-chemical, biological, cultural and socio-economic components of the total environment A technical exercise conducted to evaluate environmental implications of projects, policies, plans and programs and the operational procedures for the communication of result of such an exercise at a stage when it can materially affect the decision of those responsible for sanctioning the proposal. EIA is also called as NEPA process (National Environmental Policy Act, 1969 which became effective from January 1,1970)
6
Environmental Impact Assessment (EIA)
Environmental Inventory Complete description of the environment as it exists in an area where a particular proposed action is being considered Checklist of the descriptors for the physical-chemical, biological, cultural, and socioeconomic environments Physical-chemical environment: soils, geology, topography, surface-water and ground water resources, water quality, air quality and climatology Biological environment: floral and fauna of the area, including species of trees, grasses, fish, birds, mammals, threatened plants and animal species
7
Environmental Impact Assessment (EIA)
Cultural environment: includes historic and archaeological sites and aesthetic resources such as visual quality Socioeconomic environment: refers to range of considerations related to humans in the environment, including populations trends and population distributions, economic indicators of human welfare; educational systems; transportation networks and other infrastructure concerns such as water supply, wastewater disposal and solid waste management; public services such as police and fire protection and medical facilities and many others
8
Environmental Impact Assessment (EIA)
EIA considered as central management tool for achieving sustainability EIA has also been referred to as the Magna Carta for the environment in the United States Supports the notion of Brundtland Commission (1987) which defines sustainable development asDevelopment which meets the needs of the present generation without compromising the ability of future generations to fulfill their needs
Aims of EIA
The immediate aim of EIA is to inform the process of decision making by identifying the potentially significant environmental effects and risks of development proposals The ultimate (long term) aim of EIA is to promote sustainable development by ensuring that development proposals do not undermine critical resource and ecological functions or the well being, lifestyle and livelihood of the communities and peoples who depend on them
10
Short term Objectives of EIA
Improve the environmental design of the proposal Ensure that resources are used appropriately and efficiently Identify appropriate measures for mitigating the potential impacts of the proposal Facilitate informed decision making, including setting the environmental terms and conditions for implementing the proposal
11
Long term objectives of EIA
Protect human health and safety Avoid irreversible changes and serious damages to the environment Safeguard valued resources, natural areas and ecosystem components Enhance the social aspects of the proposal
12
Three core values of any EIA
1. Integrity: The EIA process should be fair, objective, unbiased and balanced 2. Utility: The EIA process should provide balanced, credible information for decision-making 3. Sustainability: The EIA process should result in environmental safeguards which are sufficient to mitigate serious adverse effects and avoid irreversible loss of resource and ecosystem functions
13
The NEPA process
14
Environmental Impact Assessment
EIA means a formalized procedure for examination, analysis and assessment of planned activities with a view to ensuring environmentally sound and sustainable development OR EIA can be broadly defined as the systematic identification and evaluation of the potential impacts (effects) of the proposed projects plans, programs or legislative actions relative to the physical, chemical, biological, cultural and socio-economic components of the total environment (Canter, 1996) The principal goals of EIA practices are: To establish that before decisions are taken by the competent authority to undertake some project, the environmental effects of those activities should be taken fully into accounts To promote the implementation of appropriate procedures in all countries consistent with national laws and decision-making processes To encourage the development of reciprocal procedures for information exchange, notification and consultation between states when proposed activities are likely to have significant trans- boundary effects on the environment of those states
Evolution of EIA.
Projects review based on technical/engineering and economic analysis. Limited consideration given to environmental consequences.
Pre 1970
EIA introduced by NEPA in 1970 in US. Basic principle: Guidelines, procedures including Early/Mid public participation requirement instituted. Standard methodologies for impact analysis 1970s developed (e.g. matrix, checklist and network). Several other countries adopt NEPA-based approach (e.g., Canada, Australia, New Zealand) Major public inquires (rather than court litigations) help shape the process's development.
16
Evolution of EIA.
More formalized guidance (e.g., CEQ guidelines) Other industrial and developing countries introduced formal EIA requirements and began to use the process informally or experimentally. Use of EA by developing countries (Brazil, Philippines, China, Indonesia) Social Impact Assessment (SIA), risk analysis included in EA processes Greater emphasis on ecological modeling, prediction and evaluation methods. Environmental inquiries in several countries encompass policy review aspects. Coordination of EA with land use planning processes.
Late 1970s to early 1980s
17
Evolution of EIA.
EC Directive on EIA establishes basic principles and procedural requirements for all member Mid states. 1980s to Increasing efforts to address cumulative effects. end of decade Development of follow-up mechanisms (e.g., compliances and effects monitoring, auditing, impact management). Ecosystem and landscape level approaches applied (e.g., to assess wetland losses). World Bank and other international lending and aid agencies establish EA requirements. Increasing number of developing countries carry out EAs (e.g., in Asia).
18
Evolution of EIA.
Requirement to consider trans-boundary effects under Espoo Convention. EIA identified as implementing mechanism for UN conventions on climate change and biological diversity. SEA systems established by increasing number of countries mediation incorporate into EA requirements (still limited). Sustainability principles and global issues receive increased attention (some EA guidance but still limited) Increasing use of GIS and other information technologies. Application of EA to international development activities more widespread. Greater corporate use of EA, including screening investment and loan decisions and undertaking site and property assessment to establish liabilities. Rapid growth in EA training, networking and cooperation activities. Enactment of EA legislation by many developing countries.
19
1990s
Evolution of EIA four overlapping phases
1st 19701975
Introduction and early development mandate and foundation developed in USA adopted by other countries like Australia, Canada, NZ basic concept, procedure and methodology
2nd
Mid Increasing scope and sophistication 70s to advanced techniques (eg. risk assessment); early guidance on process implementation (eg. Screening 80s
and scoping); social impacts considered; public enquiries and review drive innovations in leading countries; take up of EIA still limited but includes developing countries like China, Philippines, Thailand)
Evolution of EIA four overlapping phases
3rd Early Process strengthening and integration 80s to review of EIA ; early updation of scientific and institutional frameworks of 90s EIA;
coordination of EIA with other processes (eg. Project appraisal, land use planning); ecosystem-level changes and cumulative effects begin to be addressed; monitoring; follow-up mechanisms; many countries adopted EIA; European Community and World Bank respectively established supra-national and international lending requirements
Evolution of EIA four overlapping phases
4th
Early 90s to date
Strategic and sustainability orientation EIA aspects enshrined in international agreements; increased in international training, capacity building and network activities; development of strategic environmental assessment (SEA) of policies and plans; inclusion of sustainability concepts and criteria in EIA and SEA practice; EIA applied in all OECD countries and large number of developing and transitional countries.
EIA and some International Organizations
EIA importance in protecting environment realized Became essential requirement Incorporated into framework of several international organizations Directly involved in funding developmental projects in developing countries Direct policy based intervention Measures to stop or modify projects leading to serious environmental problems at any level
23
EIA and some International Organizations
International efforts are usually classified into four areas: 1. Legally binding international documents such as international treaty and protocol. 2. Non-legally binding international documents such as resolutions, recommendations and declarations by international organizations. 3. Guidelines for development assistance. 4. Guidelines for overseas projects.
24
EIA and some International Organizations
EIA prevailed throughout the world in 1980s mainly because of two highly spurred international organizations
Organization for Economic Cooperation and Development (OECD) European Union (EU)
International treaties and protocols with provisions relating to EIA were concluded in the 1990s United Nations Law of the Sea Treaty (adopted in 1982)
Convention on Environmental Impact Assessment in a Transboundary context (the Espoo Convention of 1991) Protocol on Environmental Protection to the Antarctic Treaty (1991) Biodiversity Treaty (1992) United Nations Framework Convention on Climate Change (1992)
25
Organization for Economic Cooperation & Development
26
Organization for Economic Cooperation & Development
Helps Governments to tackle economic, social and governance challenges of a globalizing economy OECD Declaration on Environmental Policy (1974) was the first international document to incorporate EIA. This declaration was the follow up activities after the United Nations Conference on the Human Environment (1972) and it set the trend for environmental policy in OECD member countries. Article 9 of the declaration stated that it was critical that environmental impact of significant public or private activities be assessed prior to implementation. Oldest of recommendations and declarations concerning matters relating to EIA procedures was the OECD Council Recommendation on Assessment of Projects which may have Significant Effects on the Environment (1979).
27
Organization for Economic Cooperation & Development
In 1983, a special group The Ad Hoc Committee on Environmental Assessment and Development Assistance was established under the Environment Committee to examine EIA procedures, methods and implementation mechanisms while maintaining close relations with the Development Assistance Committee (DAC). In 1985, Council Recommendation on Environmental Assessment of Development Assistance Projects and Programmes which gave examples of EIA implementations and targets of EIA was adopted. In 1986, Council Recommendations on Measures Required to Facilitate the Environmental Assessment of Development Assistance Projects and Programmes concerning EIA procedures and organizational system were adopted.
28
Organization for Economic Cooperation & Development
Then in 1989, checklist for possible use by high-level decision-makers in bilateral and multilateral development assistance institutions was drafted and was released as executive committee recommendations. Based on these three recommendations, DAC also adopted Good Practices for Country Environmental Surveys and Strategies, Good Practices for Environmental Impact Assessment of Development Projects, Guidelines for Aid Agencies Involuntary Displacement and Resettlement in Developing Countries , and Guidelines for Aid Agencies on Global Environmental Problems in 1991.
29
United Nations Environment Program
30
United Nations Environment Program (UNEP)
The United Nations Environment Programme (UNEP) is the voice for the environment in the United Nations system. Activities of the United Nations began in 1982, with the adoption of World Charter for Nature at the United Nations General Assembly. The Charter stated that EIA should be ensured to minimize adverse effects on nature and nature assessments should be included in the fundamental elements of all planning and should be publicly disclosed and deliberated. This led to setting up of an EIA expert committee and common guidelines for the promotion of EIA. Finally, in 1987 the Goals and Principles of Environmental Impact Assessment were adopted. The thirteen rules stipulated in this aimed at the facilitation of introduction and promotion of EIA systems in member countries as well as promote development of international EIA procedure in order to address significant trans-boundary impacts on other countries.
European Commission (now European Union)
32
European Commission (now European Union)
The EIA Directive (EU Legislation) on the effects of projects on the environment was first introduced in 1985. This directive required a defined EIA to be implemented prior to official authorization for projects with potential significant environmental impact and required member countries to introduce formal EIA systems by 1988 in order to realize the above. From 1985, the provision of EIA systems in European countries has been progressed centering on the EU member countries.
World Bank
34
World Bank
Exponent multilateral development bank Provides loan and finance to developing countries and development assistance projects WB Environmental Policy and Procedures adopted in 1984 stated the integration of environmental consideration at the initial stages of defining and preparation of a project. In 1989, WB established the Operation Directive (OD) relating to EIA Outlined the methods and procedures for EIA implementation in proposed projects to WB staff Environmental Assessment Source Book, with the aim of providing sector specific manuals. The OD became an independent operational directive 4.01 in 1991 and was further revised in 1998.
35
Worldwide spread of EIA
USA 1969 Japan 1972 Canada 1973 Australia 1974 Columbia 1974 Germany 1975 Brazil 1976 France 1976 Philippines 1978 Taiwan 1979 China 1979 Sri Lanka 1980 Kuwait 1980 Israel 1982 Indonesia 1982 South Africa 1982 China 1979 Sri Lanka 1980 Kuwait 1980 Pakistan 1983 Thailand 1984 Russia 1985 Malaysia 1985 India 1986 Greece 1986 Gambia 1987 Sweden 1987 Portugal 1987 Italy 1988 Turkey 1988 United Kingdom 1988 Ireland 1988 Norway 1989 Denmark 1989 Finland 1990 Antarctica 1991 Slovakia 1991 Nigeria 1992 Argentina 1993 Hungary 1993 Bolivia 1994 Chile 1994 Austria 1994 Armenia 1995 Iceland 1995 Uganda 1995
Worldwide spread of EIA
Start of 1990s - high recognition relating to global environmental problems like Ozone layer depletion Global warming Acid rain UN Conference on Environment and Development (Earth Summit) was held in Rio de Janeiro, Brazil (1992) Adoption of Agenda 21 aimed at the realization of sustainable development According to the definition provided in the Rio Declaration (United Nations, 1992) a development is considered sustainable if it equitably meets the needs of present and future generations. Such needs encompass both the socio-economic and the environmental sphere.
37
Worldwide effectiveness of EIA
Has environmental (impact) assessment achieved its goal of helpingreach better decisions? This is the fundamental question that all practitioners must begin to address systematically. Dorais (1993) EIA Effectiveness ???????
First EIA effectiveness study titled International Study of the Effectiveness of Environmental Assessment (EA) was carried out at
Annual Conference (1996) of International Association of Impact Assessment (IAIA) in Lisbon during June 18-22, 1996.
How well does EA work in practice? When and where has it made a difference to development planning and decision making? - EA effectiveness and performance were addressed various methods were used to take stock of the contemporary status of EA practice - a questionnaire survey of members of IAIA and other EIA networks Case studies from all over the world were also taken into account.
38
Worldwide effectiveness of EIA
25 years of EIA practice across world was studied Study revealed a record of considerable progress
The key developments that were declared in the concluding report of the International Study of the Effectiveness of Environmental Assessment (1996) were: The world-wide spread of EIA to over 100 countries A progressive extension in the scope of EIA application; Continued innovations in law, procedure and method; and The recent specification of EIA as an implementing mechanism for international agreements related to global change
39
Worldwide effectiveness of EIA
Case studies confirmed that well founded assessments had helped realize a range of direct and indirect benefits; viz. Early withdrawal of environmentally unsound proposals, Greening' project design and planning, catalyzing policy and Institutional reforms and serving as an educational and awareness raising mechanism. Public participation and scrutiny, as well as having well documented reports, helped guarantee that EIA reports were taken into account in political decisionmaking. 40
Worldwide effectiveness of EIA
EIA process recognized as having areas of weakness and as falling short of realizing its potential as a tool for sustainability assurance. A critical limitation of EIA in addressing cumulative effects and large scale changes - the ecological currency of unsustainable development. Ultimately, it was felt that these deficiencies can be addressed only by larger policy and planning reforms. Thus, policies such as Strategic Environmental Assessment (SEA), etc. are being researched and applied at different stages of development activities. However, EIA is still the most popular environmental impact assessment tool till the present day.
41
Types of EIA
EA could be classified into four types 1. 2. 3. 4. Strategic environmental assessment (SEA) Regional EIA Sectoral EIA Project level EIA
42
Types of EIA
Strategic environmental assessment (SEA) SEA refers to systematic analysis of the environmental effects of development policies, plans, programmes and other proposed strategic actions. SEA represents a proactive approach to integrate environmental considerations into the higher levels of decision making beyond the project level, when major alternatives are still open.
43
Types of EIA
Regional EIA
EIA in the context of regional planning integrates environmental concerns into development planning for a geographic region, normally at the sub-country level. Such an approach is referred to as the economic-cum-environmental (EcE) development planning. This approach facilitates adequate integration of economic development with management of renewable natural resources within the carrying capacity limitation to achieve sustainable development. It fulfils the need for macro-level environmental integration, which the project-oriented EIA is unable to address effectively. Regional EIA addresses the environmental impacts of regional development plans and thus, the context for project-level EIA of the subsequent projects, within the region. In addition, if environmental effects are considered at regional level, then cumulative environmental effects of all the projects within the region can be accounted.
44
Types of EIA
Sectoral EIA Instead of project-level-EIA, an EIA should take place in the context of regional and sectoral level planning. Once sectoral level development plans have the integrated sectoral environmental concerns addressed, the scope of project-level EIA will be quite minimal. Sectoral EIA helps in addressing specific environmental problems that may be encountered in planning and implementing sectoral development projects.
45
Types of EIA
4. Project level EIA It refers to the developmental activity in isolation and the impacts that it exerts on the receiving environment. Thus, it may not effectively integrate the cumulative effects of the development in a region.
46
Inclusive Components of Sustainable Development
47
EIA in India
Concept of environmental protection and resource management has traditionally been given due emphasis and woven in all facets of life in India These age-old practices teach people to live in perfect harmony with nature Changing life styles, increasing pace of urbanization, industrialization and infrastructure development have caused environmental pollution and degradation Degradation of natural environment has further been accelerated by the large number of developmental projects most of which are setup at considerable environmental costs Rules, laws and policies on environmental protection had to be introduced
48
EIA in India
Ensure development of projects under consideration are sustainable Environmental consequences characterised early in the project cycle and accounted for in the project design This can be ensured by carrying out a proper Environmental Impact Assessment (EIA) An EIA is used to foresee the potential environmental problems that would arise out of a proposed development and address them in the project's planning and design stage. The EIA process should then allow for the communication of this information to a) the project proponent; b) the regulatory agencies; and c) all stakeholders and interest groups. Doing so will achieve the ultimate goal of ensuring sustainable development of a countrys industrial and development growth by taking the people along
49
EIA in India
EIA integrates the environmental concerns in the developmental activities right at the time of initiating for preparing the feasibility report Doing so it enables the integration of environmental concerns and mitigation measures in project development EIA can often prevent future liabilities or expensive alterations in project design.
50
EIA in India
Foundation of EIA in India was laid in 1976-77 Planning Commission asked the then Department of Science and Technology (DST) to examine the rivervalley projects from environmental angle. Subsequently extended to cover those projects, which required approval of the Public Investment Board. However, these were administrative decisions, and lacked the legislative support. To fill this gap, the Government of India enacted the Environment (Protection) Act (EPA) on 23rd May 1986.
51
EIA in India
To achieve the objectives of the Act, one of the decisions that were taken was to make EIA statutory. On 27 January 1994, the Union Ministry of Environment and Forests (MoEF), Government of India, under the Environmental (Protection) Act 1986, promulgated an EIA notification making Environmental Clearance (EC) mandatory for expansion or modernization of any activity or for setting up new projects listed in Schedule 1 of the notification. Since then there have been about twelve amendments made in the EIA notification of 1994.
52
EIA in India
In the recent times, MoEF notified new EIA legislation in September 2006. The notification makes it mandatory for various projects such as mining, thermal power plants, river valley, infrastructure (road, highway, ports, harbours and airports) and industries including very small electroplating or foundry units to get environment clearance. However, unlike the EIA Notification of 1994, the new legislation has put the onus of clearing projects on the state government depending on the size/capacity of the project.
53
Evolution of EIA in India
Environmental issues in India were center staged immediately after the Stockholm conference of 1972 National Committee on Environmental Planning and Coordination (NCEPC) was constituted, under the Department of Science and Technology (DST) Planning Commission directed NCEPC to undertake EIA of major development projects to weigh the pros and cons of these activities on the environment In 1980, Department of Environment (DoE) was established as per the recommendation of the NCEPC, which was finally converted to a full fledged Ministry of Environment and Forests (MoEF) five years later The MoEF first enacted the EPA in 1986, which was understood to be an umbrella act covering various environmental aspects. Under EPA (1986) an EIA notification was brought out, making EIA mandatory for a particular group of activities. 54
Evolution of EIA in India
This notification not only specified the type of activities requiring EIA but also fixes a time schedule for the whole process. Defined the role of the MoEF in the whole process Formal EIA notification was promulgated on 27 January, 1994. Major amendments was made in 1997 with the introduction of the public hearing procedure Outlined the process of conducting public hearing, from submission of report to State Pollution Control Board (SPCB) to the specification for public hearing notice, composition of the hearing panel and time period for the completion of public hearing process 55
Evolution of EIA in India
The EC process is also subjected to the stipulated standards Water (Prevention and Control of Pollution) Act, 1974 Air (Prevention and Control of Pollution) Act, 1981 Noise Pollution (Regulation and Control) Rules, 2000 The Hazardous Wastes (Management and Handling) Rules, 1989 Forest (Conservation) Act, 1980, In addition, state governments may have stringent regulations based on their local conditions, but these should be consistent with national laws, regulations and standards. The existing EC process is a two-tier system involving both central and state authorities. At central level, Impact Assessment division (IA) under MoEF, regional offices of MoEF and CPCB are three important institutions, whereas SPCBs and state Departments of Environment (DoE) are working at the province level.
EIA in action in India
EIA process in India is now well established EC has been provided to over 3000 development projects till date India of today is on expressway to development India is often thought to be developing among developed countries but developed among developing countries Number of projects received by MoEF for EC have increased over the years. Thus, this transition from developing to a developed nation that India is trying to bring about has considerable environmental and social costs. Certain activities permissible under the Coastal Regulation Zone Act, 1991 also require similar clearance. World Bank and the Asian Development Bank (ADB) have a different set of requirements for giving environmental clearance to projects that are funded by them in India 57
EIA in action in India
Apart from this, any project located in a critically polluted area, within a radius of 15 kilometers of the boundary of reserved forests, ecologically sensitive areas, which include national parks, sanctuaries, biosphere reserves; and any State, has to obtain environmental clearance directly from the Central Government irrespective of its project categorization.
58
EIA in action in India
Year 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005-06 River valley projects 8 13 6 4 9 5 5 12 12 16 8 30 Industrial projects 20 55 54 98 34 45 52 63 83 220 165 559 Thermal power 15 13 26 39 17 17 15 14 7 5 27 42 Mining projects 13+24 19+51 39+15 7+17 9 25 17 9 31 19 62 302 Other sectors 24 29 30 21 11 12 36 23 25 55 24 89 Total Total 104 180 170 186 80 104 125 121 158 315 286 1022 2851
EIA in action in India
Some of the constraints identified in the EC Process under the EIA Notification, 1994 by the Govindarajan Committee are as under: Cumbersome procedure Disproportionate details sought with applications Delay in appraisal meetings Time consuming and requiring undue effort Reopening of technical issues during various stages of appraisal Poor quality of EIA studies by consultants Delays by other concerned agencies
60
EIA in action in India
As against the EIA Notification of 1994, the objectives of the proposed Notification were to formulate a transparent, decentralized and efficient regulatory mechanism which would further: Incorporate necessary environmental safeguards at planning stage Involve stakeholders in the public consultation process Identify developmental projects based on impact potential instead of the investment criteria
61
Amendments in the EIA Notification 1994
EIA notification was amended twelve times in eleven years of its existence Most of amendments were blamed to have diluted the process of EC. Nevertheless, some strengthened the process Amendment on April 10,1997: Environmental Public Hearing (EPH) introduced in EC Amendment on June 13, 2002: Level of investments (< 100 crores for new projects; Rs 50 crores for expansion/modernization projects) Industries exempted having very high social and environmental impact (< 100 crores) Hydel power social impacts Irrigation sector - <10000 hectares or <100 crores 62
Amendments in the EIA Notification 1994
Amendment on 28 Feb 2003: Took locationsensitivity into the EC process Prohibited certain processes and operations - Aravalli Range Amendment on 7th May 2003: Expanded the lists of activities involving risk or hazard River valley projects, hydel power flood control Widening and strengthening of existing canals with land acquisition upto 20 m (both side put together) Provided such canals does not pass through ecologically sensitive areas such as national parks, santuaries, tiger reserves and reserve forests
63
Amendments in the EIA Notification 1994
Amendment on 4th August 2003: Any project located within a radius of 15 km of the boundary of reserved forests, ecologically sensitive areas (national parks, sancturaries, biosphere reserves) Any state had to obtain EC from central govt. Amendment on Sept. 2003: Site clearance made mandatory for airport, petrochemical complexes and refineries No public hearing for off shore activities beyond 10 km from nearest habitation, village boundary and ecologically sensitive areas such as mangroves (with a minimum area of 1000 sq m), corals, coral reefs, national parks, marine parks, sanctuaries, reserve forests and breeding and spawning grounds of the fish and other marine animals
64
Amendments in the EIA Notification 1994
Amendment on 7th July 2004: EIA mandatory for construction and industrial estate 13th Amendment on 4th July 2005: Expansion/modernization of nuclear power and related project, ports, harbors and airports, thermal power plants and mining projects with a lease area >5 hectares could be taken up without prior EC Case to case basis, public interest, relaxation obtaining prior EC After satisfying grant for temporary working permission on receipt of application first two years during which the PP shall obtain requisite EC Temporary working permission not necessarily mean that EC granted for said project
65
The qualities of a good EIS
A clear structure with a logical sequence for example, describing, existing baseline conditions, predicted impacts (nature, extent and magnitude), scope for mitigation, agreed mitigation measures, significance of unavoidable/residual impacts for each environmental topic. A table of contents at the beginning of the document. A clear description of the development consent procedure and how EIA fits within it. Reads as a single document with appropriate crossreferencing. Is concise, comprehensive and objective. Is written in an impartial manner without bias. Includes a full description of the development proposals.
..the qualities of a good EIS
Makes effective use of diagrams, illustrations, photographs and other graphics to support the text. Uses consistent terminology with a glossary. References all information sources used. Has a clear explanation of complex issues. Contains a good description of the methods used for the studies of each environmental topic. Covers each environmental topic in a way which is proportionate to its importance. Provides evidence of good consultations. Includes a clear discussion of alternatives. Makes a commitment to mitigation (with a programme) and to monitoring. Has a Non Technical Summary which does not contain technical jargon.
67
