This Article is written by Niharika Singh, from Ansal University, Gurgaon. The article solely deals with Environmental Clearance Regulation in India and what exactly it means.
Table of Contents
Introduction
Post Independence and the Industrial Revolution all over the world people actually stopped caring about the environment in order to protect and secure their own personal interests and benefits. We can also say that the advent of industrialisation has brought about many changes in our lifestyle as well as in our environment. Due to this, the awareness towards the environment and concern for the protection of the environment has decreased over the years. This is the main reason why many laws and acts have been enacted through the Indian Constitution to enforce this matter.
The first Act related to the environment in India was The Shore Nuisance (Bombay and Kolaba) Act, 1853. The two decades after that have seen a huge number of enactments within the country’s Environmental Laws- one of them was related to Environmental Clearance Regulation. Environmental Clearance Regulation is one such process by which public activity is hampered, in order to protect the environment.
Environment Clearance is solely regulated by governments all over the world, whether in India or abroad. There are also certain acts, enactments, and provisions that have been made under the Indian legal framework as well, which completely monitors and regulates all Environmental Clearance.
In this particular direction, a beginning in our country was made with the Environmental Impact Assessment of river valley projects, in 1978-79. The scope of the legal framework has completely been enhanced to cover all other sectors as well, apart from what was already covered. These developmental sectors include – thermal power projects, mining schemes, industries, etc.
Even though there are not many enactments or acts particularly focusing on Environmental Clearance, as Environmental Clearance is a part of Environmental Impact Assessment, but in the past decade, we have seen a major change in India’s environmental laws that mostly deal with subject matters like protecting forests, etc.
What is the Environmental Clearance Regulation?
Environmental Clearance is referred to as a procedure that involves obtaining government clearance for certain projects to be developed, or even to modify or to install various projects.
It is mandatory to first get government clearance for projects that can cause high damage to the environment, or cause high environmental pollution of any type.
This clearance is completely mandatory for areas that are ecologically fragile, regardless of what type of a project it is.
In layman’s words, we can describe environmental clearance as the clearance of forests, etc. in order to landscape a particular area, for a purpose. The purpose may be setting up of industry, factory or mining operations, etc
In India, it is mandatory for Environmental Clearance to go through the Environmental Impact Assessment (EIA) for various different developmental projects.
The Government has also made a list of projects that have to mandatorily go through environmental clearance as they are highly polluting in nature. The Central Government, as well as State Governments, have full authority and power and completely regulate this process.
What is Environmental Impact Assessment (EIA)?
Environmental Impact Assessment is said to be a tool that integrates all environmental concerns into the process of development, from the grassroots level. It makes sure that development is being done keeping in mind the environment and causes no or minimal damage to the environment in the process of development. EIA exists in the initial stages of planning of the project and makes sure that all strategies are induced to save the environment from the beginning stages of industrialisation, etc. In simple words, we can say that EIA completely refers to the assessment and study of all environmental impacts and consequences that are going to arise from any upcoming project.
It was held in the case of S. Kumar V. The District Collector, Villupuram District (Madras High Court), 2010 that Environmental Clearance and Environmental Impact Assessment are linked to each other, one supports the other in all cases.
There are also many Acts that restrict all environmental damages and control them. They fully protect the interests of the environment.
Some of the General Environmental Acts are-
- The Environment (Protection) Act, 1986
- The Biological Diversity Act, 2002
- The National Environmental Tribunal Act, 1995
- National Green Tribunal Act, 2010
- The National Environment Appellate Authority Act, 1997
Types and Categories of Environmental Clearance Regulation
Firstly, there are about 39 types of industrial projects that require mandatory environmental screening and those upcoming projects cover aspects of screening, scoping, and evaluation of the upcoming project. The main purpose of this is solely to assess the impacts of the upcoming project, that it would have on the environment, and how polluting it will be. After assessing the impacts and consequences, it is made sure that it is ensured to minimise the same.
Environmental Clearances for projects are divided into two categories.
There are two types of projects for the same:
- Category A – These projects require mandatory environmental clearance in order for them to be developed and operated. These projects do not even go through the screening process mostly, as environmental clearance is necessary. Projects falling under this category go to the Ministry of Environment, Forest and Climate Change for clearance.
- Category B – These upcoming projects undergo a mandatory screening process. They go to the State Government for clearance. Projects falling under this category get further categorised into two types – B1 & B2. The only difference between these two also is that B2 Type of projects does not need to carry out preparation of the EIA Report. But depending upon the project, the Appraisal Committee can even ask for an EIA study. An example of this category was held in the case – Ranubha V. Union on 9 May 2012
There is also an exception here, in India. The Industrial projects that are located in any of the following geographical areas require environmental clearance irrespective of the type of project that they are:
- Archaeological monuments
- Scenic areas
- Religious and Historic places
- Beach resorts
- Hill resorts
- Coastal areas that are highly rich in mangroves, breeding grounds of specific species.
- Gulf areas
- Estuaries
- Biosphere reserves
- National lakes and swamps
- National Parks and sanctuaries
- Seismic Zones
- Areas of scientific and geological interests
- Tribal Settlements
- Defence installations
- Border areas
- Airports
These areas are zones that mandatorily need Environmental Clearance as they are ecologically fragile or sensitive areas.
Procedure for Environmental Clearance
The procedure for the Environmental Clearance also involves Environment Impact Assessment (EIA).
The following steps are included in the process for Environmental Clearance, these steps are to be followed mandatorily in order to get Environmental Clearance for a proposed project:
- IDENTIFICATION OF THE LOCATION: The location for the proposed project should always be selected according to which it should comply with the existing guidelines. If the project site, anyhow, does not comply with the existing guidelines, then the proponent for the site has to choose another site that has to adhere to the guidelines.
- SCREENING: The project proponent should then assess which category of projects the proposed or upcoming project actually falls in, and then the proponent has to decide whether or not the project requires an environmental clearance, whether or not it requires EIA, and by whom, according to the category of the project.
- PUBLIC HEARING: For certain projects, this is a mandatory step in the process of environmental clearance. This is a part of the EIA process. It encourages the public of the certain geographical area that the proposed project is said to be developed in, to come forward and express their views and concerns with relation to the proposed project, in front of the Government. This procedure heavily influences the Environmental Clearance and Government, with reference to the project.
- APPLICATION: There is an online application procedure that has to be completed by the proponent. The proponent has to submit an application, online, for environmental clearance. The projects that fall under category A apply on the MoEFCC website, whereas projects of category B apply on the State website for the clearance.
- ENVIRONMENTAL APPRAISAL: The documents that are submitted by the project proponent are scrutinized by the disciplinary committee. A site visit may also be conducted if it is required.
Objectives of Environmental Clearance
- The main objective of environmental clearance is to reduce the environmental damages that have been taking place for years due to industrialisation, as people do not care for the environment where their own interest is lost.
- It is also necessary to safeguard the environment in all possible ways through environmental laws and precautions.
- One main purpose of Environmental Clearance is also to assess the impacts that the planned development will have on the environment and people.
- Through the EIA Report, it also tries to minimize the negative impacts of the upcoming project with alternatives and preventive measures.
- Environmental Clearance solely monitors and restricts all public and environmental damages that may be caused due to upcoming projects.
Current Scenario of Environmental Clearance Regulations
The Environment Ministry of the Government of India has recently proposed a new set of rules that governs the country’s entire environmental clearance regime for industrial projects. These projects include dams, mines, highways, etc. These new set of rules seem to be heavily loaded in favour of industrialisation.
In this new draft notification, many actions that have been legitimised which were earlier considered as an offence, or illegal. An example is – for some projects (mentioned in the notification), no environmental clearance is needed before starting construction.
We can clearly say, after reading the new draft and new set of rules, that the public consultation process will soon be weakened in order to get environmental clearance, and this is because the government has hardly given any importance to the public hearing in its new set of rules. Even though public hearing is said to be very important in the process of environmental clearance because the local people of a particular area or the public are stakeholders of the project, their view has to be taken into account while designing the project, but the latest draft sees a change. In the latest draft, the Ministry has proposed to increase the list of projects that do not require any sort of public hearing before the environmental clearance. The draft clearly stated that public hearing is completely exempted for projects that include modernisation (eg- irrigation projects, etc).
Also, a Supreme Court Order, expressing disapproval against industrial projects that operate, and have been operating in the past without environmental clearance, states that allowing such practices would highly damage the environment. The order was in a case related to three industrial units that are operating without valid environmental clearances. This 1st April’20 Order of the Supreme Court held that, alongside development, an “ecologically rational outlook” needs to be adopted.
In the latest draft of the EIA notification 2020, the environment ministry has also proposed to give a lifeline to all industrial projects that have started or start operating without a valid environmental clearance by the concerned authorities. This draft is going to replace the EIA notification of 2006.
Invertis University V. Union of India Others on 18 July 2013 and Mr Sandeep Shah V. State of Rajasthan & Others on 9 April 2015 are both the latest cases that held judgments regarding the same.
Conclusion
We can conclude by saying that environmental clearance regulation is mandatory by the government and other environmental authorities in order to safeguard environmental interests. As we have seen in the past, the environment is mostly neglected where industry sets in and industrialisation takes place and this is the main reason to regulate environmental clearances at all points. The Government of India has taken major steps and provisions in order to regulate all environmental clearances. In India, if there are no environmental clearance regulations in force, the environment will not be looked upon at all as people first look into their own personal interests, which may or may not affect the environment. Environment and Industrialisation have conflicting interests altogether.
In the past, we could say that the regulation was not as strict and as closely monitored than what it is in today’s times. We have thoroughly understood the importance of environmental clearance regulation in recent times.
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