THE ENVIRONMENT IMPACT ASSESSMENT NOTIFICATION, 2020

The Ministry of Environment and Forests released its latest draft environment impact assessment (EIA) notification 2020 on March that proposes to bring projects that have violated or will violate the environment clearance process under jurisdiction.

- Kishor Kumar Kalita

The concept of EIA came to India in 1978-1979 but became mandatory only in 1994 after the government notified it as a requirement under the Environment Protection Act, 1986. The importance of this new notification has been mentioned by the ministry in the following words, “[t]here have been several amendments issued to the EIA Notification, 2006, from time to time, for streamlining the process, decentralization and implementation of the directions of Courts and National Green Tribunal.

Though the EIA Notification, 2006 has helped in realizing necessary environmental safeguards by assessing environment impacts due to the proposed projects, that require Prior Environment Clearance at the planning stage itself, the Central Government seeks to make the process more transparent and expedient through the implementation of online system, further delegations, rationalization, standardization of the process, etc. ; the Ministry had issued the notification number S.O. 804 (E), dated the 14th March, 2017 laying down procedure for appraisal of the violation cases with a time window of six months. The said notification defined violation of projects which have started the construction work, or have undertaken expansion or modernization or change in product- mix without Prior Environment Clearance. However, such violations being recurring in nature may come to the notice in future during the process of appraisal or monitoring or inspection by Regulatory Authorities. Therefore, the Ministry deems it necessary to lay down the procedure to bring such violation projects under the regulations in the interest of environment at the earliest point of time rather than leaving them unregulated and unchecked, which will be more damaging to the environment.”