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Environment Clearance (EC) is a mandatory clearance required by all existing and new Projects (Industries & Construction Projects) listed in Environment Impact Assessment (EIA) 2006 Notification. EIA is the process of evaluating any likely environmental impacts of a proposed project or development activity, taking into account the beneficial and adverse impacts on the environment and inter-related socio-economic, cultural and human health factors. EIA aims to predict these environmental impacts at the early stages of project planning and design. It aids the local community and project’s proponent by suggesting ways to reduce these impacts, shape the project to suit the local environment, and present the predictions and options to decision-makers. The MoEF released the EIA Notification 2006 in suppression of the 1994 notification and shifted the responsibility of giving environmental clearance to the state government depending on the size and capacity of the project. It made EC necessary for specific projects like thermal power plants, mining, river valley, infrastructure developments like roads, highways, ports, harbours and airports, and industries like small electroplating or foundry units. Any project related to the above categories can only start working or amending existing projects after obtaining Environment Clearance from the concerned Authority under MOEF&CC.
The Environment Protection Rule, 1986, under sub-rule 3 of Rule 5 imposes certain restrictions and prohibitions on new projects or activities and the need for obtaining Environmental Clearance and submission of EIA for the purpose.
The Environment Clearance process looks into factors affecting nature and humans, like noise and pollution parameters, along with environmental components for Air, Water, Biological and land. A complete list of Industries and projects has been mentioned in EIA notification 2006. All the projects are categorised into two broad categories based on their production or area under EIA Notification 2006, as given below.
The EIA report is compiled according to the TOR identified during the Scoping stage. Documents required for the purpose are:
| Stage | Applicable Category | Description | Time Frame |
|---|---|---|---|
| Screening | Category B | Determines if an EIA is required | Varies |
| Scoping | Category A & B1 | Determines Terms of Reference for EIA | Depends on project |
Applicants needing to modernise or expand existing projects by increasing the production capacity above the previously authorised capacity will also need environmental clearance by applying to the EAC or the concerned SEAC in Form I. Similarly, for increasing the lease area or production capacity of mining projects or the modernisation of an existing unit with an increase in the production capacity beyond the prescribed threshold limit through a change in process and or technology or involving a change in the product mix will be appraised accordingly. All applications will be considered within sixty days. The validity of any Prior Environmental Clearance will depend on the type of project. For instance, the validity of EC will be ten years in the case of River Valley projects, thirty years for mining projects and five years in the case of all other projects and activities.
Expert Guidance for Your Industrial Compliance & Approvals