Environment Impact Assessment Notification

Environment Impact Assessment Notification
Name	Environment Impact Assessment Notification
Type	Regulatory instrument
Jurisdiction	India
Issued by	Ministry of Environment, Forest and Climate Change
First issued	1994
Revised	2006, 2009, 2015, 2020
Language	English, Hindi

Environment Impact Assessment Notification

The Environment Impact Assessment Notification is a regulatory instrument establishing procedures for evaluating environmental consequences of projects and activities. It frames requirements for project proponents to obtain environmental clearances through specified assessment, public consultation, and decision-making processes involving ministries and statutory bodies.

Overview

The Notification creates a structured pathway linking project proponents, expert agencies, and decision-makers such as the Ministry of Environment, Forest and Climate Change, Central Pollution Control Board, National Green Tribunal, Supreme Court of India, and State Pollution Control Boards. It situates project reviews alongside instruments like the Wildlife (Protection) Act, 1972, Forest (Conservation) Act, 1980, Indian Forest Act, 1927, Air (Prevention and Control of Pollution) Act, 1981, and Water (Prevention and Control of Pollution) Act, 1974. The Notification has evolved through judgments from the Supreme Court of India and policy directives from the Planning Commission (India), the National Environmental Engineering Research Institute, and international commitments under agreements such as the Paris Agreement and conventions like the Convention on Biological Diversity. It interacts with sectoral agencies including Central Electricity Authority, Ministry of Railways, Ministry of Shipping, Oil and Natural Gas Corporation, and Coal India Limited.

Legal and Regulatory Framework

The Notification is issued under powers associated with statutes and judicial pronouncements involving entities like the Ministry of Law and Justice, Cabinet Secretariat, and precedents set by benches of the Supreme Court of India including landmark matters involving T.N. Godavarman Thirumulpad or litigations referencing the Indira Sawhney case and other environmental jurisprudence. It aligns with rules framed by the Environment Protection Act, 1986 and interfaces with regulations from bodies such as the Bureau of Indian Standards, Directorate General of Civil Aviation, National Highway Authority of India, and regulatory frameworks shaped by ministries like the Ministry of Petroleum and Natural Gas and Ministry of Mines. Compliance obligations often reference guidelines issued by the Central Water Commission, the Archaeological Survey of India, and norms influenced by international organizations including the World Bank, Asian Development Bank, United Nations Environment Programme, and International Finance Corporation.

Notification Process and Requirements

Project proponents must submit documents to authorities such as the Expert Appraisal Committee and State Level Environment Impact Assessment Authority with information parallel to submissions made to the National Wildlife Board and the Central Empowered Committee. Typical submissions reference standards from the Bureau of Indian Standards, studies by the Indian Council of Forestry Research and Education, and terms of reference influenced by the National Biodiversity Authority. The process interacts with sector clearances from the Ministry of Defence, Ministry of Home Affairs, and approvals tied to agencies like the Directorate General of Hydrocarbons. Projects may be categorized in lists influenced by prior notifications and amendments endorsed by the Prime Minister's Office and reviewed by committees containing representatives from the Indian Space Research Organisation, Coal India Limited, Oil India Limited, and other public sector undertakings.

Assessment Methodology and Criteria

Assessment methodology draws on environmental science produced by institutions such as the Indian Institute of Science, Indian Institute of Technology Bombay, Tata Institute of Fundamental Research, and applied research from the National Environmental Engineering Research Institute and Central Soil Salinity Research Institute. Criteria include thresholds informed by studies by the Central Pollution Control Board, baseline surveys by the Botanical Survey of India and Zoological Survey of India, and impact matrices employed by consultancy practices with inputs from academics at Jawaharlal Nehru University and Banaras Hindu University. Technical tools and modelling standards reference climatology data from the India Meteorological Department, hydrology from the Central Water Commission, and remote sensing from the National Remote Sensing Centre. Cumulative impact assessment uses precedents from projects reviewed by the National Green Tribunal and methods adopted by multilateral lenders like the World Bank and Asian Development Bank.

Roles and Responsibilities

Key roles include project proponents, consultants accredited by entities such as the Quality Council of India and firms registered with the Ministry of Corporate Affairs; regulatory decision-makers like the Ministry of Environment, Forest and Climate Change and State Pollution Control Boards; and adjudicatory bodies including the National Green Tribunal and the Supreme Court of India. Scientific review is provided by panels with members from the Indian Council of Agricultural Research, Council of Scientific and Industrial Research, and the Indian Council of Medical Research. Sector authorities such as the Ministry of Railways, Ministry of Shipping, Ministry of Petroleum and Natural Gas, and Ministry of Mines hold responsibilities for sectoral clearances. Oversight and audit functions may engage institutions like the Comptroller and Auditor General of India and investigative agencies including the Central Bureau of Investigation when legal compliance is questioned.

Public Consultation and Transparency

Public consultation mechanisms require notices to be shared with communities, local bodies like Panchayati Raj institutions, municipal authorities including the Municipal Corporation of Delhi or counterparts, and stakeholder groups such as the Federation of Indian Chambers of Commerce & Industry and Confederation of Indian Industry. Affected parties can raise concerns through processes that have been legally tested in courts including cases adjudicated by the National Green Tribunal and the Supreme Court of India. Information dissemination often references data portals maintained by the Ministry of Environment, Forest and Climate Change, mapping by the Survey of India, and environmental data curated by the Central Pollution Control Board and India Meteorological Department. Civil society engagement often involves organizations like Greenpeace India, Centre for Science and Environment, Legal Initiative for Forest and Environment, and research inputs from universities such as Delhi University.

Compliance, Monitoring, and Enforcement

Compliance monitoring uses inspection regimes conducted by the Central Pollution Control Board and State Pollution Control Boards with periodic reporting obligations enforced through mechanisms utilized by the National Green Tribunal and judicial orders from the Supreme Court of India. Enforcement actions can involve administrative penalties, directions under the Environment Protection Act, 1986, and oversight by entities like the Ministry of Law and Justice and investigative bodies. Remediation and mitigation obligations reference technical guidelines from the Central Soil Salinity Research Institute, Indian Council of Forestry Research and Education, and international guidance from the United Nations Environment Programme and International Finance Corporation.