Draft Environment Impact Assessment Notification, 2020

The Ministry of Environment, Forest and Climate Change has published the draft Environment Impact Assessment (EIA) Notification 2020, which will replace the existing 2006 EIA Notification under the Environment (Protection) Act, 1986.

Key Proposals: Time for Public Hearings: It proposes reduction in the notice period for public hearings from existing 30 days to 20 days.

• Exemption from Public Hearing: Under the notification various projects seeking modernization with a capacity increase of up to 50% have been exempted from public scrutiny. Projects under exempted category include Offshore and onshore oil, gas and shale exploration, Hydroelectric projects, Irrigation projects, Small and medium cement plants, MSMEs in dye and dye intermediates, bulk drugs, synthetic rubbers, medium-sized paint units, Aerial ropeways in ecologically sensitive areas etc.
• Ex post facto Clearance: It provides for ex-post-facto environment clearance for those projects which have already begun working, and no environment clearances were given or sought for the same.
• Diluting Reporting Requirements: It proposes the submission of compliance reports annually instead of earlier six months. Also, submission of the compliance report will be solely prepared by the project proponents itself without any oversight and review.
• No Public Reporting for Non-Compliance: It has excluded reporting of violations and non-compliance by the public. Instead, the government will take cognizance of reports only from the violator promoter, government authority, Appraisal Committee or Regulatory Authority.
• Exemptions to Strategic Projects: A Technical Expert Committee of the government will have the power to categorise new projects as “strategic projects” rather than the Ministry of Environment. Once a particular project has been labelled as ‘strategic’ by the central government, information regarding it shall be removed from the public domain.