With a Gazette Notification dated 18th February, 2020, the Ministry Of Environment, Forest And Climate Change (“Ministry”) has notified the amendment to the Environmental Impact Assessment Notification, 2006 (“EIA Notification”). The amendment has completely revised the process of Scoping under the Prior Environmental Clearance process.
Background:
Previously, in a Draft Notification dated 13th November, 2019, the Ministry had proposed to amend the provisions relating to the “SCOPING” which is one of the stages of environmental clearance process that had been previously published by Environmental Impact Assessment Notification dated 14th September, 2006 (“EIA Notification”). The Draft proposes to completely revise the existing process of Scoping for environmental clearance.
The process of Environmental Clearance involves four stages namely, Screening; scoping; public consultation; and appraisal.
In order to expedite the process of granting Standard Terms of Reference (ToR) for the Expansion proposals where there is no examination of alternative sites involved, the Ministry proposes to introduce the concept of generation of an online Standard Terms of Reference (ToR) for expansion projects.
Key takeaways from the Notification are enumerated below:
- “Scoping” refers to the process to determine detailed and comprehensive Terms of Reference (ToR) addressing all relevant environmental concerns for the preparation of an Environmental Impact Assessment /Environment Management Report with respect to a project or activity for which prior environmental clearance is sought.
- All projects under category B2 of the Schedule mentioned in the 2006 Notification will not require scoping.
- On acceptance of the application, within 7 working days of its receipt, the Standard Terms of References will be automatically issued to the following projects or activities, without referring to Expert Appraisal Committee (“EAC”) by the regulatory authority:
(a) All Highway projects in Border States covered under entry (i) and (ii) of column (3) and (4) against item 7(f) of the Schedule given in the 2006 Notification.
(b) All projects or activities proposed to be located in industrial estates or parks approved by the concerned authorities, and which are not disallowed in such approvals.
(c) All expansion proposals of existing projects having earlier environmental clearance.
- Apart from the above-mentioned projects, all other projects will be referred to the EAC.
- The project proponent must prepare the EIA/EMP based on the sector specific Standard ToRs as well as additional ToRs, if any, stipulated by the EAC/SEAC.
- However, the applications for Terms of Reference might be rejected by the Regulatory Authority depending upon the recommendation of the EAC. Such rejection must be communicated to the applicant in writing within 60 days of receipt of the application.
Note: The Terms of Reference for the projects or activities except for River valley and Hydroelectric projects, issued by the Regulatory Authority will be valid for a period of 4 years from the date of issue and in case of the River valley and Hydro-electric projects the validity will be for 5 years.
Source: Ministry Of Environment, Forest And Climate Change
