Esia Environment and Social Impact Assessment Unit 1

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ESIA ( Environment And Social Impact Assessment) UNIT 1

Environment And Social Impact Assessment (Anna University)

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UNIT 1
INTRODUCTION
 Impacts of Development on Environment …………………………….1-3
 Rio Principles of Sustainable Development …………………………...3-8
 Environmental Impact Assessment (EIA) – Objectives ……………….9-10
 Historical development ………………………………………………...10-12
 EIA Types ……………………………………………………………...12-14
 EIA in project cycle ……………………………………………………15-17
 EIA Notification and Legal Framework………………………………..17-35
 Stakeholders and their Role in EIA……………………………………..35-38
 Selection & Registration Criteria for EIA Consultants………………….38-39

IMPACTS OF DEVELOPMENT ON ENVIRONMENT:

The impacts of development on the environment refer to the various effects that human activities
associated with economic, industrial, and social progress have on the natural world. These impacts can
manifest in numerous ways, affecting ecosystems, biodiversity, climate, and the overall health of the
planet.

1. Habitat Alteration and Loss:

As human development, the modification or destruction of natural habitats due to urbanization, agriculture,
and infrastructure development.This leads to the loss and fragmentation of ecosystems, disrupting the
balance of flora and fauna and reducing biodiversity..

Example: Clearing forests for agriculture or urban expansion, disrupting ecosystems and displacing
wildlife.

2. Deforestation:

Development activities, such as logging and land clearance for agriculture or urbanization, contribute to
the widespread loss of forests.Deforestation has severe consequences, including the loss of carbon sinks,
disruption of water cycles, and threats to numerous plant and animal species.

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Example: Large-scale clearing of tropical rainforests for timber extraction and conversion to agricultural
land.

3. Air and Water Pollution:

Industrial processes, transportation, and waste disposal can release pollutants into the air and water,
negatively impacting environmental quality. Air pollution harms human health and ecosystems, while
water pollution can contaminate water sources, affecting aquatic life and posing risks to human
populations.

Example: Emission of pollutants from factories and vehicles leading to air quality degradation; discharge
of untreated industrial effluents into water bodies.

4. Climate Change:

The burning of fossil fuels, deforestation, and industrial activities release greenhouse gases, leading to
global warming and climate change.Climate change results in more frequent and intense extreme weather
events, rising sea levels, and disruptions to ecosystems and agriculture.

Example: The burning of fossil fuels contributing to the rise in atmospheric carbon dioxide levels and
global warming.

5. Resource Depletion:

The rapid pace of development often leads to the unsustainable extraction of natural resources, including
minerals, water, and fossil fuels leading to their exhaustion. Overexploitation can deplete finite resources,
leading to ecological imbalances and long-term consequences for biodiversity and ecosystem services.

Example: Overfishing depleting fish stocks, unsustainable mining practices, and excessive water extraction
from aquifers.

6. Loss of Biodiversity:

Habitat destruction, pollution, and climate change contribute to the decline and extinction of plant and
animal species.Loss of biodiversity reduces ecosystem resilience, disrupts food chains, and hampers the
ability of ecosystems to adapt to changing environmental conditions.

Example: Habitat destruction causing the extinction or endangerment of species; pollution affecting
wildlife populations.

7. Land Degradation:

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The deterioration of land quality, often resulting from inappropriate agricultural practices, deforestation, or
urbanization can result in soil erosion and degradation. Degraded land affects agricultural productivity,
leading to food security issues, and contributes to desertification in some regions.

Example: Soil erosion due to improper land use, leading to reduced fertility and productivity.

8. Waste Generation:

Increased production and consumption associated with development generate large amounts of waste,
including hazardous materials. Poorly managed waste disposal contributes to environmental pollution,
harms wildlife, and poses risks to human health.

Example: Generation of plastic waste, electronic waste, and hazardous industrial waste without proper
disposal mechanisms.

9. Urbanization and Infrastructure Impact:

The expansion of cities and construction of infrastructure alter landscapes and contribute to the loss of
natural spaces. Urbanization can lead to the displacement of ecosystems, the creation of heat islands, and
increased demand for resources and energy.

Example: Expansion of cities leading to the loss of green spaces, increased impervious surfaces, and
changes in local ecosystems.

10. Social and Cultural Impacts:

Environmental degradation resulting from development can have social consequences, affecting
communities, livelihoods, and cultural practices.Vulnerable populations may bear the brunt of
environmental changes, leading to social inequality and conflicts over resources.

Example: Displacement of communities due to environmental changes, loss of traditional livelihoods, and
cultural disruptions.

RIO PRINCIPLES OF SUSTAINABLE DEVELOPMENT:

 The Rio Principles of Sustainable Development, also known as the Rio Declaration or Earth
Summit, were established during the United Nations Conference on Environment and
Development (UNCED) held in Rio de Janeiro, Brazil, 3rd to 14th June in 1992.

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 These principles outline the foundational concepts and guidelines for achieving sustainable
development, which involves meeting the needs of the present without compromising the ability of
future generations to meet their own needs.
 The Rio Principles were adopted by representatives from 178 countries and serve as a framework
for international cooperation on environmental and developmental issues.
 The Earth Summit forced the people worldwide to re- think how their lives affect natural
environment and resources and to confront a new environment that determines the surroundings in
which they live.
 In 2012 the United Nation Conference on sustainable development was also held in Rio, and is
only commonly called Rio + 20 or Rio Earth Summit 2012.
 172 Govt. participated, with 116 sending their heads or Govt.
 Some 2400 representative of non- governmental organizations, (NGOs) attend with 17000
people at the parallel NGO “Global Form” who had consultative status.
MAJOR ISSUES ADDRESSED:
 Systematic scrutiny of pattern of production – particularly the production of toxic components,
such as lead in gasoline, or poisonous waste including radioactive chemicals.
 Alternative sources of energy to replace the use of fossil fuels which are linked to Global Climate
change.
 New Reliance on public transportations system in order to reduce vehicle emissions congestion in
cities and the health problems caused by polluted air and smoke.
 The growing scarcity of water.
The Earth summit resulted in the following documents,
1. Rio declaration on environment and development
A series of principles defining the rights and responsibilities of states in this area.
2. Agenda 21
A comprehensive blue print for global actions to affect the transition to sustainable development.
3. Forest Principles
A set of principles to support the sustainable management of forests wildlife.
4.Two Legally binding conventions
(a) Convention on biological diversity
(b) Framework convention on climate change ( UNFCC)
(c) United Nation Convention to combat desertification

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RIO DECLARATION ON ENVIRONMENT AND DEVELOPMENT:


 Short document produce at 1992 UNCED/ Earth summit
 It Consists of 27 principle intended to guide future sustainable development around the world
 The Earth Summit was inspired and guided by a remarkable document of 1987, i.e., Brundtland
report.
27 PRINCIPLES:
Principle 1
“Human beings are at the centre of concerns for sustainable development. They are entitled to a healthy
and productive life in harmony with nature”.
Principle 2
States have, in accordance with the Charter of the United Nations and the principles of international law,
“the sovereign right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities within their jurisdiction or
control do not cause damage to the environment of other States or of areas beyond the limits of national
jurisdiction”.
Principle 3
“The right to development must be fulfilled so as to equitably meet developmental and environmental
needs of present and future generations”. Thus the concept of “inter-generational rights” has been
recognized in this principle.
Principle 4
In order “to achieve sustainable development, environmental protection shall constitute an integral part
of the development process and cannot be considered in isolation from it”.
Principle 5
“All States and all people shall cooperate in the essential task of eradicating poverty as an
indispensable requirement for sustainable development, in order to decrease the disparities in standards
of living and better meet the needs of the majority of the people of the world”.
Principle 6
“The special situation and needs of developing countries, particularly the least developed and those most
environmentally vulnerable, shall be given special priority”. “International actions in the field of
environment and development should also address the interests and needs of all countries”.
Principle 7
“States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and
integrity of the Earth's ecosystem”. In view of the different contributions to global environmental
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degradation, States have common but differentiated responsibilities. The developed countries acknowledge
the responsibility that they bear in the international pursuit of sustainable development in view of the
pressures their societies place on the global environment and of the technologies and financial resources
they command.
Principle 8
“To achieve sustainable development and a higher quality of life for all people, States should reduce and
eliminate unsustainable patterns of production and consumption and promote appropriate demographic
policies”.
Principle 9
“States should cooperate to strengthen endogenous capacity-building for sustainable development by
improving scientific understanding through exchanges of scientific and technological knowledge, and
by enhancing the development, adaptation, diffusion and transfer of technologies, including new and
innovative technologies”.
Principle 10
“Environmental issues are best handled with the participation of all concerned citizens, at the relevant
level”. At the national level, each individual shall have appropriate access to information concerning
the environment that is held by public authorities, including information on hazardous materials and
activities in their communities, and the opportunity to participate in decision-making processes. States
shall facilitate and encourage public awareness and participation by making information widely available.
Effective access to judicial and administrative proceedings, including redress and remedy, shall be
provided.
Principle 11
“States shall enact effective environmental legislation”. Environmental standards, management
objectives and priorities should reflect the environmental and developmental context to which they apply.
Standards applied by some countries may be inappropriate and of unwarranted economic and social cost to
other countries, in particular developing countries.
Principle 12
“States should cooperate to promote a supportive and open international economic system that would
lead to economic growth and sustainable development in all countries, to better address the problems of
environmental degradation”. Trade policy measures for environmental purposes should not constitute a
means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade.
Unilateral actions to deal with environmental challenges outside the jurisdiction of the importing country

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should be avoided. Environmental measures addressing transboundary or global environmental problems


should, as far as possible, be based on an international consensus.
Principle 13
“States shall develop national law regarding liability and compensation for the victims of pollution and
other environmental damage”. States shall also cooperate in an expeditious and more determined manner
to develop further international law regarding liability and compensation for adverse effects of
environmental damage caused by activities within their jurisdiction or control to areas beyond their
jurisdiction.
Principle 14
“States should effectively cooperate to discourage or prevent the relocation and transfer to other
States of any activities and substances that cause severe environmental degradation or are found to be
harmful to human health”.
Principle 15 (“Precautionary Principle”)
“In order to protect the environment, the precautionary approach shall be widely applied by States
according to their capabilities. Where there are threats of serious or irreversible damage, lack of full
scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent
environmental degradation”.
Principle 16(“Polluter Pays Priciple”)
“National authorities should endeavour to promote the internalization of environmental costs and the
use of economic instruments, taking into account the approach that the polluter should, in principle, bear
the cost of pollution, with due regard to the public interest and without distorting international trade
and investment”.
Principle 17
“Environmental impact assessment, as a national instrument, shall be undertaken for proposed
activities that are likely to have a significant adverse impact on the environment and are subject to a
decision of a competent national authority”.
Principle 18
“States shall immediately notify other States of any natural disasters or other emergencies that are
likely to produce sudden harmful effects on the environment of those States. Every effort shall be made by
the international community to help States so afflicted”.
Principle 19

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“States shall provide prior and timely notification and relevant information to potentially affected States
on activities that may have a significant adverse transboundary environmental effect and shall consult
with those States at an early stage and in good faith”.
Principle 20
“Women have a vital role in environmental management and development. Their full participation is
therefore essential to achieve sustainable development”.
Principle 21
“The creativity, ideals and courage of the youth of the world should be mobilized to forge a global
partnership in order to achieve sustainable development and ensure a better future for all”.
Principle 22
“Indigenous people and their communities and other local communities have a vital role in
environmental management and development because of their knowledge and traditional practices.
States should recognize and duly support their identity, culture and interests and enable their
effective participation in the achievement of sustainable development”.
Principle 23
“The environment and natural resources of people under oppression, domination and occupation
shall be protected”.
Principle 24
“Warfare is inherently destructive of sustainable development. States shall therefore respect
international law providing protection for the environment in times of armed conflict and cooperate in
its further development, as necessary”.
Principle 25
“Peace, development and environmental protection are interdependent and indivisible”.
Principle 26
“States shall resolve all their environmental disputes peacefully and by appropriate means in
accordance with the Charter of the United Nations”.
Principle 27
“States and people shall cooperate in good faith and in a spirit of partnership in the fulfilment of the
principles embodied in this Declaration and in the further development of international law in the field of
sustainable development”.

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Environmental Impact Assessment (EIA):

“Environment" means "surroundings", and includes the sum total of physical, biological, and socio-
economic attributes of a place or community.
"Impact" means an effect, as in changes to the environment resulting from some action.
"Assessment" means an evaluation
An EIA is “the process of identifying, evaluating, and mitigating the possible environmental impacts
of proposed developments before any major decisions are made. These impacts include biophysical,
social, and other relevant effects of development proposals.”
 Environmental Impact Assessment (EIA) is a decision-support tool for those deciding whether or
not to approve a development project.
 The purpose of an EIA is to determine the potential environmental, social, and health effects of
a proposed development so that those who make decisions about the project's development
and approval are aware of the likely consequences of their decisions before making them, and thus
are more accountable.
 Its goal is to make decision-making more informed and transparent while also attempting to
avoid, eliminate, or mitigate potential negative consequences by considering alternative ideas,
sites, or methods.
 UNEP defines Environmental Impact Assessment (EIA) as a tool to determine the
environmental, social, and economic implications of a project prior to making a decision.
 Environment Impact Assessment in India is statutorily backed by the Environment Protection
Act, 1986 which contains various provisions on EIA methodology and process.

OBJECTIVES OF ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

The general objectives of EIA are as follows:

1. To ensure that Environmental considerations are addressed properly and incorporated into the
decision-making process.
2. To avoid, minimize or balance the adverse significant biophysical, social, and other relevant
effects of developmental projects.
3. To protect the productivity and capacity of natural systems and ecological processes with
maintaining their function.
4. To promote development that is sustainable and optimize resource use and management
opportunities.
5. To describe the proposed project and associated works together with the requirements for
carrying out the proposed developments

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6. To identify and describe elements of community and environment likely to be affected by the
proposed developments and/or likely to cause adverse impacts to the proposed project, including
natural and man-made environment.
7. To identify and quantify emission sources and determine the significance of impacts on
sensitive receivers and potential affected uses.
8. To identify and quantify any potential losses or damage to flora, fauna and natural habitats.
9. To identify any negative impacts on sites of cultural heritage and to propose measures to
mitigate these impacts.
10. To identify, describe and quantify any potential landscape and visual impacts and evaluate the
significance of impacts on sensitive receivers.
11. To identify the negative impacts and propose the provision of infrastructure or mitigation
measures so as to minimize pollution, environmental disturbance and nuisance during
construction and operation of the developments arising from the Study.

The detailed Objectives of EIA are as follows:

1. Identify Potential Impacts: EIA aims to identify and evaluate the potential environmental, social,
and economic impacts that may result from a proposed project. This includes both direct and
indirect impacts, as well as cumulative effects that can arise from multiple projects or activities.

2. Predict and Assess Impacts: EIA involves the prediction and assessment of the potential impacts
by analyzing project details, site-specific conditions, and relevant data. It employs scientific and
technical methods to forecast the likely consequences on various environmental components, such
as air quality, water resources, ecosystems, biodiversity, and socio-economic factors.

3. Mitigation and Alternatives: EIA promotes the identification and evaluation of alternatives to the
proposed project, including the no-action alternative. It also emphasizes the development and
implementation of measures to mitigate or minimize adverse impacts and enhance positive effects.

4. Stakeholder Engagement: EIA recognizes the importance of engaging and involving stakeholders
throughout the assessment process. This includes the public, local communities, government
agencies, non-governmental organizations (NGOs), and experts. Public consultation and the
consideration of stakeholder input are crucial to ensure transparency, participation, and
accountability in decision-making.

5. Decision Support: EIA provides decision-makers with comprehensive information on the potential
impacts and mitigation measures associated with a proposed project. It assists in making informed
decisions by weighing the environmental, social, and economic considerations and ensuring that
the project aligns with sustainable development principles.

6. Monitoring and Follow-up: EIA emphasizes the importance of monitoring the implementation
and performance of the project during and after its completion. Monitoring helps verify the
accuracy of predictions made during the assessment and ensures that mitigation measures are

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effectively implemented. Follow-up actions may be taken to address any unexpected impacts or to
enhance the project's environmental performance.

ORIGIN OF EIA
 EIA as a mandatory regulatory procedure originated in the early 1970s, with the
implementation of the National Environment Policy Act (NEPA) 1969 in the US.
 The 1992 Rio Declaration, which emphasized the need for direct public participation in
the decision-making process pertaining to environmental issues, can be credited as the source of
the entire EIA procedure that followed today.
 The widely acknowledged and well-established "Precautionary Principle" of environmental
law in India and around the world is where EIA got its start. It is always preferable to minimize
environmental damage rather than address it because most of it cannot be undone.
 All laws based on the environment try to strike a balance between sustainable development
and protecting the environment, and they acknowledge the significance of such large-scale
projects.

EVOLUTION OF EIA:

 1969-USA,first country to assign mandatory status to EIA through NEPA

 1973-Canada implement EIA

 1974-EIA process is adopted in Australia and Columbia

 1981-Netherland adopted EIA

 1984-Japan and Sri Lanka made EIA mandatory

 1986-Environment Protection Act in India

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 1992-Principle 17 of Rio Declaration of Environment and Development endorses use of EIA as a


national instrument.

 1994-Environment Impact Assessment of Development Projects in INDIA

HISTORY OF EIA IN INDIA:

 The Indian experience with Environmental Impact Assessment began over 20 years back.
 It started in 1976-77 when the Planning Commission asked the Department of Science and
Technology to examine the river-valley projects from an environmental angle.
 Till 1994, environmental clearance from the Central Government was an administrative
decision and lacked legislative support.
 On 27 January 1994, the then Union Ministry of Environment and Forests, under the
Environmental (Protection) Act 1986, promulgated an EIA notification making Environmental
Clearance (EC) mandatory for expansion or modernisation of any activity or for setting up new
projects listed in Schedule 1 of the notification.
 The Ministry of Environment, Forests and Climate Change (MoEFCC) notified new EIA
legislation in September 2006.
 In 2006, The MoEF notified new EIA legislation making it mandatory for various projects such
as mining, thermal power plants, river valley, infrastructure (road, highway, ports, harbours,
and airports), and industries including very small electroplating or foundry units to get
environment clearance.
 However, unlike the EIA Notification of 1994, the 2006 legislation had put the onus of clearing
projects on the state government depending on the size/capacity of the project.
 In 2020, a draft notification on EIA 2020 was issued to consolidate all the 55 amendments and
230 office memorandums issued since 2006.

GOALS OF ENVIRONMENT IMPACT ASSESSMENT


 Resource Conservation
 Sustainable Development
 Efficient use of equipment
 Recovery of by-product
 Avoid irreversible changes
 Protect human health and safety
 Enhance the social aspects.
EIA TYPES:

On the basis of the purpose, spatial unit and time scale EIA are classified into following types as given
below.

i) Rapid EIA: Rapid EIA is based on preparation of assessment report compiled on the basis of
one season data to see the likely environmental impacts of any proposed development activity
as per the guidelines and requirement of the concerned departments/ agencies namely Ministry

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of Environment Forest and Climate Change (MoEF & CC) and Central Pollution Control Board
(CPCB). Rapid EIA is speedier process to complete EIA within short period of time. This helps
to decide whether, comprehensive EIA is required or not.
ii) Comprehensive EIA: Comprehensive EIA is usually undertaken after the initial screening of
rapid EIA. More than two season data is required for analysis and preparation of
comprehensive EIA. The purpose of comprehensive EIA is to access some detrimental effects
on the environment and identifying potential impacts and modelling exercise have been carried
out to predict and evaluate impacts to prepare management plan to make project eco-friendly
and sustainable. The main difference between rapid EIA and comprehensive EIA is the time
scale.
iii) Cumulative Impact Assessment (CIA): CIA is the process of systematically analyzing and
evaluating combined socio-economic and environmental changes on the basis of combined
effects from different projects in specific geographical region. It aims to consider the effects of
multiple actions or impacts on the environment. CIAs are conducted across the actual and
potential impacts of a number of activities or projects that may combine over time and/or space
iv) Strategic Environment Impact Assessment (SEA): “SEA is a systematic process for
evaluating the environmental consequences of proposed policy, plan or programme initiatives
in order to ensure they are fully included and appropriately addressed at the earliest appropriate
stage of decision-making on par with economic and social considerations” (Sadler and
Verheem, 1996).
v) Regional and Sectoral EIA: Regional EIA fulfills the need for micro-level environmental
integration which may not be able to address at individual projects or activities. It will address
cumulative impacts at regional scale to develop regional developmental plan in the context of
individual project level EIA. Regional EIA approach makes possible appropriate integration of
socio-economic development and management and conservation of natural resources within the
carrying capacity of the particular ecosystem and limitations to achieve sustainable development
goals.
Sectoral EIA will help to address specific environmental issues and a problem that may be
during a project planning and implementation at some specific sector. Sectoral level
development plans can integrate with sectoral environmental concerns.
vi) Project Level EIA: Project level EIA refers to the developmental activity in isolation and at
individual project level. Thus, it may not effectively integrate the cumulative effects of the
development of a region.

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vii) Life Cycle Assessment: Life cycle assessment is based on the assessment of the impacts during
all stages of a project i.e. designing or planning, implementation and production stages of the
project. This approach is beneficial to minimize the environmental costs and give options to
lower the adverse impacts for the longevity of the project.
viii) Social impact assessment (SIA):Social impact assessment is a process for understanding and
managing the social consequences of a proposed project or policy. It is a vital component of
environmental impact assessment as it evaluates the effects on communities, cultures, and
societies. SIA is essential because it helps identify potential social issues and enables project
planners to address them proactively. SIA examines a range of aspects, including social,
cultural, and economic dimensions. It assesses how a project might impact community well-
being, local customs and traditions, and economic activities. By analyzing these aspects, SIA
helps ensure that development projects benefit communities and minimize adverse social
impacts.
ix) Health Impact Assessment (HIA): Health impact assessment is a process that assesses the
potential health effects of a project or policy on a population. It is closely related to both
environmental and social impacts because it considers how changes in the environment or
social conditions can affect public health.HIA evaluates various health effects, including
physical and mental health, of individuals or communities affected by a project. It considers
factors such as air and water quality, access to healthcare, and lifestyle changes. HIA plays a
critical role in ensuring that projects are designed and implemented in ways that protect and
enhance public health.
x) Screening EIA: This is the initial assessment to determine whether a project requires a full-
scale EIA. It helps identify projects with significant environmental impacts that need more
detailed assessment.
xi) Scoping EIA: Conducted after the screening to identify the key issues, concerns, and
boundaries that should be considered in the detailed EIA. Helps in defining the scope of the
assessment and the specific environmental factors to be studied.
xii) Baseline Studies: Involves collecting data on existing environmental conditions in the project
area before the project begins. Provides a baseline against which potential impacts can be
measured.
xiii) Predictive EIA: Involves predicting the likely environmental impacts of the proposed project.
Uses modelling and simulation techniques to forecast the potential consequences.

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xiv) Alternatives Assessment: Compares different options or alternatives for achieving the project's
objectives. Assists in identifying the most environmentally sustainable option.
xv) Impact Assessment: Focuses on assessing the potential environmental impacts identified
during the predictive EIA. Includes both direct and indirect impacts on the environment.
xvi) Mitigation and Impact Management: Identifies measures to avoid, minimize, or offset
adverse environmental impacts. Aims to enhance positive impacts and reduce negative ones.
xvii) Public Participation: Involves engaging stakeholders and the public in the EIA process to
gather input, address concerns, and ensure transparency. Enhances the decision-making process
by incorporating diverse perspectives.
xviii) Post-Project Monitoring: Conducted after the project is implemented to verify if the predicted
impacts match the actual outcomes. Helps in learning from the experience and improving future
assessments.

WHO IS INVOLVED IN EIA?

Five principal groups of stakeholders

• Project proponents - responsible for commissioning and paying for the EIA process.

• EIA practitioners - undertake or provide inputs to the EIA process

• Reviewers - responsible for: screening; ensuring that the EIA follows clear ToR; and, reviewing the final
report and to communicate their findings to decision-makers and other stakeholders

• Decision-makers - responsible for making decisions on project development once an environmental


impact statement (EIS) has been submitted.

• The public who are the most important stakeholders. The public can contribute ideas and information that
can help to avoid unforeseen problems, improve project design and contribute to monitoring.

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EIA PROJECT CYCLE:

The ESIA process constitutes a systematic approach to the evaluation of a project and its associated
activities throughout the project lifecycle. The process includes:

 Screening and Scoping;


 Project Alternatives and Base Case Design;
 Existing Environmental and Socio-Economic Conditions;
 Impact Assessment;
 Residual Impact Identification;
 Disclosure and Stakeholder Consultation; and
 Mitigation and Monitoring;

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The purpose of stakeholder consultation is to obtain the views and opinions of potentially affected people
and other interested parties. Stakeholder feedback was used to focus the impact assessment and, where
appropriate, influence project design and execution.

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STEPS IN EIA PROCESS:

 Screening: The project plan is screened for scale of investment, location and type of development
and if the project needs statutory clearance.
 Scoping: The project’s potential impacts, zone of impacts, mitigation possibilities and need for
monitoring.
 Collection of baseline data: Baseline data is the environmental status of study area.
 Impact prediction: Positive and negative, reversible and irreversible and temporary and
permanent impacts need to be predicted which presupposes a good understanding of the project
by the assessment agency.
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 Mitigation measures and EIA report: The EIA report should include the actions and steps for
preventing, minimizing or by passing the impacts or else the level of compensation for probable
environmental damage or loss.
 Public hearing: On completion of the EIA report, public and environmental groups living close
to project site may be informed and consulted.
 Decision making: Impact Assessment Authority along with the experts consult the project-in-
charge along with consultant to take the final decision, keeping in mind EIA and EMP
(Environment Management Plan).
 Monitoring and implementation of environmental management plan: The various phases of
implementation of the project are monitored.
 Assessment of Alternatives, Delineation of Mitigation Measures and Environmental Impact
Assessment Report: For every project, possible alternatives should be identified, and
environmental attributes compared. Alternatives should cover both project location and process
technologies.
Once alternatives have been reviewed, a mitigation plan should be drawn up for the selected
option and is supplemented with an Environmental Management Plan (EMP) to guide the
proponent towards environmental improvements.
 Risk assessment: Inventory analysis and hazard probability and index also form part of EIA
procedures.

EIA NOTIFICATION:

The Environment Impact Assessment (EIA) Notification, 2006, is the governing legal instrument to
grant green clearance for the establishment or expansion of an industry on the basis of the potential
environmental impact of the project. The notification in recent times has been revised several times since
its introduction in 1994.

Background:

 While the 2006 notification is flexible and can adjust to the changing times, it has been
exploited by governments, who have made efforts to dilute its provisions and norms to make it
easier to establish and expand industries that generate pollution.
 This has been achieved through the introduction of office memorandums, which are changes to the
notification that do not require public consultation.
 In the past five years, 110 such changes have been introduced, some of which have been
challenged in the National Green Tribunal.
 The year 2022-23 saw the highest number of changes introduced in the 2006 notification in the last
five years.

ENVIRONMENTAL CLEARANCE:

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“Environmental Clearance is the procedure to get clearance from the government for the installation and
modification (amendment) of certain projects. It is mandatory for projects which can cause high
environmental Pollution”.

The EIA Notification makes prior Environmental Clearance (EC) compulsory for

 All new projects and activities


 Expansion/modernization of existing projects
 Activities listed in the Schedule to the Notification

 When should EC be obtained by a TPP(Twenty point programme)?

1. Before setting up of a new plant


2. Before expansion or modernisation an existing plant
3. For changes in the product mix of an existing plan

 Which Authorities can issue EC?

1. Ministry of Environment & Forests [MoEF]


2. State Environment Impact Assessment Authority [SEIAA]

The EIA Notification calls these two authorities as Regulatory Authorities. For bigger projects, which
fall under Category A in the Schedule, the MoEF issues the EC. For smaller projects- Category B, the
SEIAA- a Central Government authority operating in each state, issues the clearance.

Rating system for state environment impact assessment authority (SEIAA):

 The Indian government introduced a star-rating system for state environment impact assessment
authorities (SEIAAs) to improve their efficiency and accountability.
 However, the system seems to penalize them for following the 2006 EIA notification, which
regulates the clearance of projects.
The SEIAA is a Central Government Authority that is constituted by the State Government but acts on
behalf and reports to the MoEF.

COMPOSITION & WORKING:

SEIAA has 3 members:

1. Member-Secretary – a serving officer of the respective State Government/ Union territory, who is
familiar with environmental laws
2. Chairperson – an expert in EIA process with a term of 3 years
3. Non-officio Member - an expert in EIA process with a term of 3 years

If an SEIAA has not been constituted in a state, then all projects requiring an EC will be considered by the
MoEF.

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All decisions of the SEIAA should be taken in a meeting and must, as far as possible be, unanimous. If a
majority decision is taken, then the details of the opinions for and against it should be clearly recorded and
copy of the minutes sent to the MoEF.

Who recommends issue of EC for a project to the Authorities?

1. Expert Appraisal Committee (EAC)


2. State Expert Appraisal Committee (SEAC)

The MoEF will issue EC, for projects being evaluated by it, based on the recommendations of the EAC.
Likewise, the SEIAA will issue EC based on the recommendations of the SEAC.

SEAC(State Expert Appraisal Committee)

The SEAC is constituted by the Central Government in consultation with the State Government. If the
SEAC has not been constituted in a state, then all Category B projects requiring an EC will be considered
by the MoEF.

COMPOSITION & WORKING OF EAC & SEAC:

The EAC & SEAC can have up to 15 members, who should be experts or experienced professionals in the
following fields:

 Environmental Quality
 Different Sectors in Project Management
 Environmental Impact Assessment Process
 Risk Assessment
 Floral and faunal management (Life Science expert)
 Forestry and Wildlife
 Environmental Economics (The expert should have experience in project appraisal)

The Chairperson should be an outstanding and experienced environmental policy expert or expert in
management or public administration with wide experience in the relevant development sector.

Qualifications for Experienced Professionals:

The person should have at least

1. 5 years of formal University training in the concerned discipline leading to a MA/MSc Degree, or
2. 4 years formal training in a professional training course together with prescribed practical training
in the field leading to a B.Tech/B.E./B.Arch. Degree, in case of
Engineering/Technology/Architecture disciplines, or
3. 5 years of formal University training and prescribed practical training put together, in the case of
any other professional degree (e.g. Law), or
4. Prescribed apprenticeship/articleship and pass examinations conducted by the concerned
professional association (e.g. Chartered Accountancy),or
5. A University degree, followed by 2 years of formal training in a University or Service Academy
(e.g. MBA/IAS/IFS).

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In selecting Experts / Experienced Professionals, experience gained by them in their respective fields will
be taken note of.

Qualifications for Experts:

A professional fulfilling the above eligibility criteria with:

1. At least 15 years of relevant experience in the field, or


2. An advanced degree (e.g. PhD) in a concerned field and at least 10 years of relevant experience

The Expert has to be less than 70 years of age. However, in the event of the non-availability of experts in a
given field, the maximum age of a member of the Expert Appraisal Committee can be 75 years.

 Each member, including the Chairperson, has a maximum tenure of 2 terms of 3 years each.
 Monthly Meetings should be held.
 Agenda and minutes to be noted.
 Minutes of the Meetings are to be finalised in 5 working days and uploaded on the MoEF website

2. Obtaining EC for New TPPs

The EC Process:

Application submission by Project Proponent/Applicant to MoEF/SEIAA

 Issuance of Terms of Reference by MoEF/ SEIAA


 Submission of EIA by Project Proponent/Applicant& Conduct of Public Consultation by State
Pollution Control Board (SPCB)
 Issuance of EC / Rejection of Application by MoEF/SEIAA

1. Application submission by Project Proponent to MoEF/SEIAA

 Project Proponent/Applicant is to make an application for EC only after the prospective site is
identified. This applicationis to be made in Form 1(Form 1 format)and a copy of the project’s Pre-
Feasibility Report,is to be submitted,based on the proposed plant’s capacity, to the MoEF or
SEIAA. Form 1 includes the ToR proposed by the Project Proponent
 Prior to obtaining an EC, the Project Proponent, also known as the Applicant, is not allowed to
commence any activity at the site, except cleaning and fencing or making temporary shelterswith
basic amenities for labour.
 At this stage, the Application made to the SEIAA will further be categorised as Category B1 & B2
by the Authority*. This process is called Screening.
 B2 projects do not require an EIA.

*The MoEF issues a notification from time to time on the classification of projects as B1 and B2.
Currently, all coal, lignite, naphtha & gas-based thermal power plants with a capacity over 5 MWare
classified as B1 and require an EIA.

2. Issuance of Terms of Reference by MoEF/ SEIAA:

Mandated Time Frame -60 days


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1. Upon receipt of the application, the SEIAA/MoEF will check if all the required documents have
been submitted.
2. If Additional Details are required, the Project Proponent/Applicant will be required to submit
them.
3. On acceptance of the Application, the MoEF/SEIAA will invite the Project Proponent/Applicant for
a meeting with the EAC/ SEAC where this project will be evaluated.
4. At the meeting, the ToR addressing all environmental concerns for conducting EIA studies will be
issued by the MoEF/ SEIAA. This process is called Scoping.

Note:

If the EAC/ SEAC is of the opinion, during evaluation of the Application, that a visit to the site by its
members is necessary to draw up the ToR(Contents of a ToR), the site-visit will be undertaken and ToR
issued subsequently. For this, the MoEF/SEIAA should provide a notice of 7 days to the Project
Proponent/Applicant, who should provide requisite facilities to carry out the inspection.

The ToR is determined based on the

 Form 1
 A ToR proposed by the Project Proponent/Applicant
 Site visit by a sub-group of EAC or SEAC (if conducted)
 Other information that may be available with the EAC/SEAC.

The ToR should be conveyed to the Project Proponent/Applicant by the EAC/SEAC within 60 days of
receipt of Form 1. If not, the ToR as proposed by the Project Proponent/Applicant will be considered as the
approved ToR for EIA purposes.

The approved ToR should be displayed on the website of the MoEF and the concerned SEIAA. The ToR
for plants situated along the coast will contain details of additional studies required.

The Application can be rejected at this stage itself by the MoEF/ SEIAA based on the recommendation of
the EAC/SEAC. If so, this decision, along with reasons for the rejection, should be communicated to the
Project Proponent/Applicant in writing within 60 days of receipt of application

3. Submission of EIA by Project Proponent/Applicant& Conduct of Public Consultation by State


Pollution Control Board: Mandated Time Frame- 45 days

1. After obtaining the ToR, an accredited consultant is engaged to conduct the EIA studies by the
Project Proponent/Applicant and prepare a Draft EIA Report. (This draft is likely to take a
minimum of 3 months as it is based on the number of seasons specified, in the ToR, for conducting
the studies.)
2. The Draft EIA Report is to be submitted to the MoEF/SEIAA by the Project Proponent/Applicant.
Simultaneously a request to the SPCB is to be submitted to conduct the Public Consultation by the
Project Proponent/Applicant.
3. The Public Consultation consists of two parts:

1. A Public Hearing at the site or in its close proximity to ascertain concerns of locally affected
persons

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2. Written Responses obtained from concerned persons having a plausible stake in the socio-
environmental aspects of the project or the activity. The MoEF/SEIAA and the State Pollution
Control Boards should invite responses in writing about the project.

The Public Consultation has to be conducted and the Public Hearing Report- consisting of the
summary of the hearing proceedings, statement of issues raised by the public and the comments of
the applicant, video recording of the meeting and the received Written Responses- is to be
submitted by the SPCB to the MoEF/SEIAA, within 45 days of receiving a request from the Project
Proponent/Applicant.

For more details, refer to Participate Effectively InThe Public Consultation Process

4. Issuance of EC/Rejection of Application by MoEF/SEIAA: Mandated Time Frame - 135 days

1. The Project Proponent/Applicant should address the socio - environmental concerns expressed
during the public consultation process and make appropriate changes in the Draft EIA Report. The
revised document is called the Final EIA Report.
2. The Final EIA Report is to be submitted to the MoEF/SEIAA for appraisal. (Alternatively, the
Project Proponent/Applicant can submit a Supplementary Report addressing all the concerns
expressed during the public consultation. This and the Draft EIA make up the Final EIA.)

The Project Proponent will submit the following to the MoEF/SEIAA:

 Final EIA Report [20 hard copies, 1 soft copy]


 Copies of Final Layout Plan [20 copies]
 Project Feasibility Report (1 copy)

The proponent can also submit a copy of the Videotape or CD of Public Hearing Proceedings (1 copy)

3. Within 30 days of receiving these documents, the MoEF should scrutinise them for adherence to
the conditions mentioned in the ToR, and send, electronically or otherwise, an observation report to
the EAC/SEAC, including any inadequacies noted. Along with it, a copy of the Final EIA Report,
Public Consultation Report & Form I should be attached. The scheduled date of the EAC/SEAC
meeting for considering the proposal is to be mentioned.

4. A letter to the Project Proponent to attend the meeting and to furnish clarifications, if necessary,
about the project, either in person or through an authorized representative is to be sent by the
MoEF/SEIAA. The Project Proponent should be informed at least 15 days in advance about the
EAC/SEAC meeting.

5. The EAC/SEAC is to complete the appraisal of the Application within 60 days of receiving the
requisite documents. If the EAC/SEAC recommends issue of EC, then the minutes should clearly
list out the specific environmental safeguards and conditions. If a rejection of the application has
been recommended, reasons for the same should be stated.

6. The minutes of the EAC/SEAC meeting should be finalized in 5 working days and displayed in
the MoEF/SEIAA website

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7. The MoEF/SEIAA should inform the Project Proponent of the status of EC issue or rejection of
application - within 45 days of receiving the information from the EAC/SEAC.

After this time, the recommendations of the EAC/SEAC on granting or refusing EC for the project become
public documents. Thus, if the decision of the MoEF/SEIAA has not been communicated to the Project
Proponent within the timeframe mentioned in Point 7, the Proponent can proceed as if the EC has been
granted or denied based on the final recommendations of the EAC/SEAC.

Reconsideration of EC decision: 135 days

The MoEF/SEIAA will normally accept the recommendations of the EAC/SEAC. In case of disagreement
with the recommendations, the MoEF/SEIAA, stating its reasons for non-acceptance, may request a
reconsideration of EAC/SEAC decision. The request is to be sent within 45 days of receiving the
recommendations.

Simultaneously, an intimation of this decision should be conveyed to the Project Proponent.

The EAC/SEAC has to consider the observations of the MoEF/SEIAA and furnish its views within 60
days.

The MoEF/SEIAA should consider the views of the EAC/SEAC and decide on EC issuance. This decision
of the MoEF/SEIAA is final, and should be conveyed to the Project Proponent within the next 30 days.

Validity of EC

The validity of an EC for a TPP is for 5 years from the date the EC is granted till the start of production
operations.

For renewing the EC, an application is to be made to the MoEF/SEIAA within the validity period, together
with an updated Form I. The MoEF/SEIAA can consult the EAC/SEAC as required.

Cancellation of EC

If the Project Proponent has been found to deliberately conceal information or has submitted false or
misleading information to obtain the EC and the project will have adverse or negative environmental or
socio-economic impacts, the EC may be cancelled. The decision will be made by the MoEF/SEIAA after
giving a personal hearing to the Project Proponent and following the principles of natural justice.

3. Process of obtaining an EC for Existing Plants (Expansion/Modernization/Change of Product Mix)

1.A fresh Form 1 has to be submitted for all applications seeking prior EC for

 Expansion of plant
 Modernisation of an existing plant with increase in production capacity beyond the threshold
mentioned in the Schedule to the EIA Notification.*
 Change in product mix for existing plant

The applications should be submitted to the SEIAA/MoEF based on the extent of expansion.

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2. Applications to be considered by the EAC/SEAC in 60 days.

3. EAC/SEAC to decide on due diligence necessary, including preparation of EIA and Public Consultation.
Application will be appraised accordingly for grant of EC.

*The threshold for TPPs, for which the EC is to be issued by the SEIAA, is 500 MW. So, if the capacity of
a 300 MW plant after modernisation will be over 500MW, it will require a prior environmental clearance
involving all stages of the EIA process from the MoEF).

4. Post Environmental Clearance Monitoring

The Project Proponent has to submit half-yearly Compliance Reports, to the terms and conditions
stipulated in the EC, in hard and soft copies to the MoEF/SEIAA on 1st June and 1st December every year.
Each of these documents is a public document and can be obtained by applying for it from the
MoEF/SEIAA.

The latest Compliance Report should be displayed on the website of the MoEF/SEIAA

5. Transferability of an EC

The EC given for a project to a Project Proponent can be transferred during its validity to another person
entitled to undertake the project. In that case, an application to this effect should be submitted by the
Transferor or by the Transferee with a written “no objection” by the Transferor.

The terms & conditions and validity period will remain in effect as stipulated in the EC. There is no
requirement for further confirmation regarding these by the EAC/SEAC.

Acts & Regulations:

The Environmental Protection Act 1986 (EPA), gives powers to the MoEF to restrict areas in which any
industry, operation or process cannot be carried out, or can be permitted subject to certain safeguards.
[Clause V, Sub-sec (2), Section 3 of the EPA]

The Environmental Impact Assessment Notification 2006 (EIA Notification) has been issued under the
EPA.

LEGAL FRAMEWORK OF EIA IN INDIA:

Before India’s independence in 1947, several environmental legislation existed but the real impetus for
bringing about a well-developed framework came only after the UN Conference on the Human
Environment (Stockholm, 1972). Under the influence of this declaration, the National Council for
Environmental Policy and Planning within the Department of Science and Technology was set up in
1972. This Council later evolved into a full-fledged Ministry of Environment and Forests (MoEF) in
1985 which today is the apex administrative body in the country for regulating and ensuring environmental
protection. After the Stockholm Conference, in 1976, constitutional sanction was given to environmental
concerns through the 42nd Amendment, which incorporated them into the Directive Principles of State
Policy and Fundamental Rights and Duties.

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Since the 1970s an extensive network of environmental legislation has grown in the country. The MoEF
and the pollution control boards (CPCB i.e. Central Pollution Control Board and SPCBs i.e. State Pollution
Control Boards) together form the regulatory and administrative core of the sector.

A policy framework has also been developed to complement the legislative provisions. The Policy
Statement for Abatement of Pollution and the National Conservation Strategy and Policy Statement on
Environment and Development were brought out by the MoEF in 1992, to develop and promote
initiatives for the protection and improvement of the environment. The EAP (Environmental Action
Programme) was formulated in 1993 with the objective of improving environmental services and
integrating environmental considerations in to development programmes.

Legislation for environmental protection in India

Water

Water quality standards especially those for drinking water are set by the Indian Council of Medical
Research. These bear close resemblance to WHO standards.

The discharge of industrial effluents is regulated by the Indian Standard Codes and recently, water quality
standards for coastal water marine outfalls have also been specified.

In addition to the general standards, certain specific standards have been developed for effluent discharges
from industries such as, iron and steel, aluminium, pulp and paper, oil refineries, petrochemicals and
thermal power plants.

Legislation to control water pollution are listed below.

Water (Prevention and Control of Pollution) Act, 1974

 This Act represented India’s first attempts to comprehensively deal with environmental issues. The
Act prohibits the discharge of pollutants into water bodies beyond a given standard, and lays down
penalties for non-compliance.

 The Act was amended in 1988 to conform closely to the provisions of the EPA, 1986.

 It set up the CPCB (Central Pollution Control Board) which lays down standards for the prevention
and control of water pollution.

 At the State level, the SPCBs (State Pollution Control Board) function under the direction of the
CPCB and the state government.

Water (Prevention and Control of Pollution) Cess Act, 1977

 This Act provides for a levy and collection of a cess on water consumed by industries and local
authorities.

 It aims at augmenting the resources of the central and state boards for prevention and
control of water pollution.

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 Following this Act, The Water (Prevention and Control of Pollution) Cess Rules were formulated
in 1978 for defining standards and indications for the kind of and location of meters that every
consumer of water is required to install.

Air

Air (Prevention and Control of Pollution) Act, 1981

 To counter the problems associated with air pollution, ambient air quality standards were
established, under the 1981 Act.

 The Act provides means for the control and abatement of air pollution.

 The Act seeks to combat air pollution by prohibiting the use of polluting fuels and substances,
as well as by regulating appliances that give rise to air pollution.

 Under the Act establishing or operating of any industrial plant in the pollution control area requires
consent from state boards.

 The boards are also expected to test the air in air pollution control areas, inspect pollution control
equipment, and manufacturing processes.

National Ambient Air Quality Standards (NAAQS) for major pollutants were notified by the CPCB
in April 1994. These are deemed to be levels of air quality necessary with an adequate margin of safety, to
protect public health, vegetation and property (CPCB 1995 cited in Gupta, 1999). The NAAQS prescribe
specific standards for industrial, residential, rural and other sensitive areas. Industry-specific
emission standards have also been developed for iron and steel plants, cement plants, fertilizer plants, oil
refineries and the aluminium industry. The ambient quality standards prescribed in India are similar to
those prevailing in many developed and developing countries.

To empower the central and state pollution boards to meet grave emergencies, the Air (Prevention
and Control of Pollution) Amendment Act, 1987, was enacted. The boards were authorized to take
immediate measures to tackle such emergencies and recover the expenses incurred from the offenders. The
power to cancel consent for non-fulfilment of the conditions prescribed has also been emphasized in the
Air Act Amendment.

The Air (Prevention and Control of Pollution) Rules formulated in 1982, defined the procedures for
conducting meetings of the boards, the powers of the presiding officers, decision-making, the quorum;
manner in which the records of the meeting were to be set etc. They also prescribed the manner and the
purpose of seeking assistance from specialists and the fee to be paid to them.

Complementing the above Acts is the Atomic Energy Act of 1982, which was introduced to deal with
radioactive waste. In 1988, the Motor Vehicles Act, was enacted to regulate vehicular traffic, besides
ensuring proper packaging, labelling and transportation of the hazardous wastes. Various aspects of
vehicular pollution have also been notified under the EPA of 1986.
Mass emission standards were notified in 1990, which were made more stringent in 1996.

In 2000 these standards were revised yet again and for the first time separate obligations for vehicle
owners, manufacturers and enforcing agencies were stipulated. In addition, fairly stringent Euro I and II
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emission norms were notified by the Supreme Court on April 29, 1999 for the city of Delhi. The
notification made it mandatory for car manufacturers to conform to the Euro I and Euro II norms by May
1999 and April 2000, respectively, for new non-commercial vehicle sold in Delhi.

Forests and wildlife

The Wildlife (Protection) Act, 1972, Amendment 1991

 The WPA (Wildlife Protection Act), 1972, provides for protection to listed species of flora and
fauna and establishes a network of ecologically-important protected areas.

 The WPA empowers the central and state governments to declare any area a wildlife
sanctuary, national park or closed area.

 There is a blanket ban on carrying out any industrial activity inside these protected areas.

 It provides for authorities to administer and implement the Act;

 Regulate the hunting of wild animals; protect specified plants, sanctuaries, national parks and
closed areas;

 Restrict trade or commerce in wild animals or animal articles; and miscellaneous matters.

 The Act prohibits hunting of animals except with permission of authorized officer when an
animal has become dangerous to human life or property or so disabled or diseased as to be
beyond recovery (WWF-India, 1999).

 The near-total prohibition on hunting was made more effective by the Amendment Act of 1991.

The Forest (Conservation) Act, 1980

 This Act was adopted to protect and conserve forests.

 The Act restricts the powers of the state in respect of de-reservation of forests and use of forestland
for non-forest purposes (the term non-forest purpose includes clearing any forestland for cultivation
of cash crops, plantation crops, horticulture or any purpose other than re-afforestation).

General

Environment (Protection) Act, 1986 (EPA)

This Act is an umbrella legislation designed to provide a framework for the co-ordination of central and
state authorities established under the Water (Prevention and Control) Act, 1974 and Air (Prevention and
Control) Act, 1981. Under this Act, the central government is empowered to take measures necessary to
protect and improve the quality of the environment by setting standards for emissions and discharges;
regulating the location of industries; management of hazardous wastes, and protection of public health and
welfare.

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From time to time the central government issues notifications under the EPA for the protection of
ecologically-sensitive areas or issues guidelines for matters under the EPA.

Some notifications issued under this Act are:

 Doon Valley Notification (1989), which prohibits the setting up of an industry in which the daily
consumption of coal/fuel is more than 24 MT (million tonnes) per day in the Doon Valley.

 Coastal Regulation Zone Notification (1991), which regulates activities along coastal stretches. As
per this notification, dumping ash or any other waste in the CRZ is prohibited. The thermal power
plants (only foreshore facilities for transport of raw materials, facilities for intake of cooling water
and outfall for discharge of treated waste water/cooling water) require clearance from the MoEF.

 Dhanu Taluka Notification (1991), under which the district of Dhanu Taluka has been declared an
ecologically fragile region and setting up power plants in its vicinity is prohibited.

 Revdanda Creek Notification (1989), which prohibits setting up industries in the belt around the
Revdanda Creek as per the rules laid down in the notification.

 The Environmental Impact Assessment of Development Projects Notification, (1994 and as


amended in 1997). As per this notification:

 All projects listed under Schedule I require environmental clearance from the MoEF.

 Projects under the delicenced category of the New Industrial Policy also require clearance from
the MoEF.

 All developmental projects whether or not under the Schedule I, if located in fragile regions
must obtain MoEF clearance.

 Industrial projects with investments above Rs 500 million must obtain MoEF clearance and are
further required to obtain a LOI (Letter Of Intent) from the Ministry of Industry, and an NOC
(No Objection Certificate) from the SPCB and the State Forest Department if the location
involves forestland. Once the NOC is obtained, the LOI is converted into an industrial licence
by the state authority.

 The notification also stipulated procedural requirements for the establishment and operation of
new power plants. As per this notification, two-stage clearance for site-specific projects such as
pithead thermal power plants and valley projects is required. Site clearance is given in the first
stage and final environmental clearance in the second. A public hearing has been made
mandatory for projects covered by this notification. This is an important step in providing
transparency and a greater role to local communities.

 Ash Content Notification (1997), required the use of beneficiated coal with ash content not
exceeding 34% with effect from June 2001, (the date later was extended to June 2002). This applies
to all thermal plants located beyond one thousand kilometres from the pithead and any thermal
plant located in an urban area or, sensitive area irrespective of the distance from the pithead except
any pithead power plant.

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 Taj Trapezium Notification (1998), provided that no power plant could be set up within the
geographical limit of the Taj Trapezium assigned by the Taj Trapezium Zone Pollution (Prevention
and Control) Authority.

 Disposal of Fly Ash Notification (1999) the main objective of which is to conserve the topsoil,
protect the environment and prevent the dumping and disposal of fly ash discharged from lignite-
based power plants. The salient feature of this notification is that no person within a radius of 50
km from a coal-or lignite-based power plant shall manufacture clay bricks or tiles without mixing
at least 25% of ash with soil on a weight-to-weight basis. For the thermal power plants the
utilisation of the flyash would be as follows:

 Every coal-or lignite-based power plant shall make available ash for at least ten years from the
date of publication of the above notification without any payment or any other consideration,
for the purpose of manufacturing ash-based products such as cement, concrete blocks, bricks,
panels or any other material or for construction of roads, embankments, dams, dykes or for any
other construction activity.

 Every coal or lignite based thermal power plant commissioned subject to environmental
clearance conditions stipulating the submission of an action plan for full utilisation of fly ash
shall, within a period of nine years from the publication of this notification, phase out the
dumping and disposal of fly ash on land in accordance with the plan.

The Environment (Protection) Rules, 1986

These rules lay down the procedures for setting standards of emission or discharge of environmental
pollutants. The Rules prescribe the parameters for the Central Government, under which it can issue orders
of prohibition and restrictions on the location and operation of industries in different areas. The Rules lay
down the procedure for taking samples, serving notice, submitting samples for analysis and laboratory
reports. The functions of the laboratories are also described under the Rules along with the qualifications
of the concerned analysts.

The National Environment Appellate Authority Act, 1997

This Act provided for the establishment of a National Environment Appellate Authority to hear appeals
with respect to restriction of areas in which any industry operation or process or class of industries,
operations or processes could not carry out or would be allowed to carry out subject to certain safeguards
under the Environment (Protection) Act, 1986.

In addition to these, various Acts specific to the coal sector have been enacted. The first attempts in this
direction can be traced back to the Mines Act, 1952, which promoted health and safety standards in coal
mines. Later the Coal Mines (Conservation and Development) Act (1974) came up for conservation of coal
during mining operations. For conservation and development of oil and natural gas resources a similar
legislation was enacted in 1959.

Hazardous wastes

There are several legislation that directly or indirectly deal with hazardous waste. The relevant legislation
are the Factories Act, 1948, the Public Liability Insurance Act, 1991, the National Environment

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Tribunal Act, 1995 and some notifications under the Environmental Protection Act of 1986. A brief
description of each of these is given below.

Under the EPA 1986, the MoEF has issued several notifications to tackle the problem of hazardous waste
management. These include:

 Hazardous Wastes (Management and Handling) Rules, 1989, which brought out a guide for
manufacture, storage and import of hazardous chemicals and for management of hazardous wastes.

 Biomedical Waste (Management and Handling) Rules, 1998, were formulated along parallel lines,
for proper disposal, segregation, transport etc. of infectious wastes.

 Municipal Wastes (Management and Handling) Rules, 2000, whose aim was to enable
municipalities to dispose municipal solid waste in a scientific manner.

 Hazardous Wastes (Management and Handling) Amendment Rules, 2000, a recent


notification issued with the view to providing guidelines for the import and export of hazardous
waste in the country.

Factories Act, 1948 and its Amendment in 1987

The Factories Act, 1948 was a post-independence statute that explicitly showed concern for the
environment. The primary aim of the 1948 Act has been to ensure the welfare of workers not only in their
working conditions in the factories but also their employment benefits. While ensuring the safety and
health of the workers, the Act contributes to environmental protection. The Act contains a comprehensive
list of 29 categories of industries involving hazardous processes, which are defined as a process or
activity where unless special care is taken, raw materials used therein or the intermediate or the finished
products, by-products, wastes or effluents would:

 Cause material impairment to health of the persons engaged

 Result in the pollution of the general environment

Public Liability Insurance Act (PLIA), 1991

The Act covers accidents involving hazardous substances and insurance coverage for these. Where death
or injury results from an accident, this Act makes the owner liable to provide relief as is specified in the
Schedule of the Act. The PLIA was amended in 1992, and the Central Government was authorized to
establish the Environmental Relief Fund, for making relief payments.

National Environment Tribunal Act, 1995

The Act provided strict liability for damages arising out of any accident occurring while handling any
hazardous substance and for the establishment of a National Environment Tribunal for effective and
expeditious disposal of cases arising from such accident, with a view to give relief and compensation for
damages to persons, property and the environment and for the matters connected therewith or incidental
thereto.
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International agreements on environmental issues

India is signatory to a number of multilateral environment agreements (MEA) and conventions. An


overview of some of the major MEAs and India’s obligations under these is presented below. These are
discussed at length in the respective chapters.

Convention on International Trade in Endangered Species of wild fauna and flora (CITES), 1973

The aim of CITES is to control or prevent international commercial trade in endangered species or
products derived from them. CITES does not seek to directly protect endangered species or curtail
development practices that destroy their habitats. Rather, it seeks to reduce the economic incentive to
poach endangered species and destroy their habitat by closing off the international market. India became a
party to the CITES in 1976. International trade in all wild flora and fauna in general and species covered
under CITES is regulated jointly through the provisions of The Wildlife (Protection) Act 1972, the
Import/Export policy of Government of India and the Customs Act 1962 (Bajaj, 1996).

Montreal Protocol on Substances that deplete the Ozone Layer (to the Vienna Convention for the
Protection of the Ozone Layer), 1987

The Montreal Protocol to the Vienna Convention on Substances that deplete the Ozone Layer, came into
force in 1989. The protocol set targets for reducing the consumption and production of a range of
ozone depleting substances (ODS). In a major innovation the Protocol recognized that all nations should
not be treated equally. The agreement acknowledges that certain countries have contributed to ozone
depletion more than others. It also recognizes that a nations obligation to reduce current emissions should
reflect its technological and financial ability to do so. Because of this, the agreement sets more stringent
standards and accelerated phase-out timetables to countries that have contributed most to ozone depletion
(Divan and Rosencranz, 2001).

India acceded to the Montreal Protocol along with its London Amendment in September 1992. The MoEF
has established an Ozone Cell and a steering committee on the Montreal Protocol to facilitate
implementation of the India Country Program, for phasing out ODS production by 2010.

To meet India’s commitments under the Montreal Protocol, the Government of India has also taken certain
policy decisions.

 Goods required to implement ODS phase-out projects funded by the Multilateral Fund are fully
exempt from duties. This benefit has been also extended to new investments with non-ODS
technologies.

 Commercial banks are prohibited from financing or refinancing investments with ODS
technologies.

The Gazette of India on 19 July 2000 notified rules for regulation of ODS phase-out called the Ozone
Depleting Substances (Regulation and Control) Rules, 2000. They were notified under the Environment
(Protection) Act, 1986. These rules were drafted by the MoEF following consultations with industries and
related government departments.

Basel Convention on Transboundary Movement of Hazardous Wastes, 1989

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Basel Convention, which entered into force in 1992, has three key objectives:

 To reduce transboundary movements of hazardous wastes;

 To minimize the creation of such wastes; and

 To prohibit their shipment to countries lacking the capacity to dispose hazardous wastes in an
environmentally sound manner.

India ratified the Basel Convention in 1992, shortly after it came into force. The Indian Hazardous Wastes
Management Rules Act 1989, encompasses some of the Basel provisions related to the notification of
import and export of hazardous waste, illegal traffic, and liability.

UN Framework Convention on Climate Change (UNFCCC), 1992

The primary goals of the UNFCCC were to stabilize greenhouse gas emissions at levels that would prevent
dangerous anthropogenic interference with the global climate. The convention embraced the principle of
common but differentiated responsibilities which has guided the adoption of a regulatory structure.

India signed the agreement in June 1992, which was ratified in November 1993. As per the convention the
reduction/limitation requirements apply only to developed countries. The only reporting obligation for
developing countries relates to the construction of a GHG inventory. India has initiated the preparation of
its First National Communication (base year 1994) that includes an inventory of GHG sources and sinks,
potential vulnerability to climate change, adaptation measures and other steps being taken in the country to
address climate change. The further details on UNFCC and the Kyoto Protocol are provided in
Atmosphere and climate chapter.

Convention on Biological Diversity, 1992

The Convention on Biological Diversity (CBD) is a legally binding, framework treaty that has been
ratified until now by 180 countries. The CBD has three main thrust areas: conservation of biodiversity,
sustainable use of biological resources and equitable sharing of benefits arising from their sustainable use.

The Convention on Biological Diversity came into force in 1993. Many biodiversity issues are addressed
in the convention, including habitat preservation, intellectual property rights, biosafety, and indigenous
peoples rights.

India,s initiatives under the Convention are detailed in the chapter on Biodiversity. These include the
promulgation of the Wildlife (Protection) Act of 1972, amended in 1991; and participation in several
international conventions such as CITES.

UN Convention on Desertification, 1994

Delegates to the 1992 UN Conference on Environment and Development (UNCED) recommended


establishment of an intergovernmental negotiating committee for the elaboration of an international
convention to combat desertification in countries experiencing serious drought and/or desertification. The
UN General Assembly established such a committee in 1992 that later helped formulation of Convention
on Desertification in 1994.

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The convention is distinctive as it endorses and employs a bottom-up approach to international


environmental cooperation. Under the terms of the convention, activities related to the control and
alleviation of desertification and its effects are to be closely linked to the needs and participation of local
land-users and non-governmental organizations. Seven countries in the South Asian region are signatories
to the Convention, which aims at tackling desertification through national, regional and sub-regional action
programmes. The Regional Action Programme has six Thematic Programme Networks (TPN's) for the
Asian region, each headed by a country task manager. India hosts the network on agroforestry and soil
conservation. For details refer to the land resource chapter.

International Tropical Timber Agreement and The International Tropical Timber Organisation
(ITTO), 1983, 1994

The ITTO established by the International Tropical Timber Agreement (ITTA), 1983, came into force in
1985 and became operational in 1987 . The ITTO facilitates discussion, consultation and international
cooperation
on issues relating to the international trade and utilization of tropical timber and
the sustainable management of its resource base. The successor agreement to the ITTA (1983) was
negotiated in 1994, and came into force on 1 January 1997. The organization has 57 member countries.
India ratified the ITTA in 1996.

An assessment of the legal and regulatory framework for environmental protection in India

The extent of the environmental legislation network is evident from the above discussion but the
enforcement of the laws has been a matter of concern. One commonly cited reason is the prevailing
command and control nature of the environmental regime. Coupled with this is the prevalence of the all-or
nothing approach of the law; they do not consider the extent of violation. Fines are levied on a flat basis
and in addition, there are no incentives to lower the discharges below prescribed levels.

Some initiatives have addressed these issues in the recent past. The Government of India came out with a
Policy Statement for Abatement of Pollution in 1992, before the Rio conference, which declared that
market-based approaches would be considered in controlling pollution. It stated that economic instruments
will be investigated to encourage the shift from curative to preventive measures, internalise the costs of
pollution and conserve resources, particularly water. In 1995, the Ministry of Environment and Forest
(MoEF) constituted a task force to evaluate market-based instruments, which strongly advocated their use
for the abatement of industrial pollution. Various economic incentives have been used to supplement the
command-and-control policies. Depreciation allowances, exemptions from excise or customs duty
payment, and arrangement of soft loans for the adoption of clean technologies are instances of such
incentives.

Agenda 21 highlights the need for integration of environmental concerns at all stages of policy,
planning and decision-making processes including the use of an effective legal and regulatory
framework, economic instruments and other incentives. n the focus from end-of-pipe treatment of
pollution to treatment at source.

STAKEHOLDERS AND THEIR ROLE IN EIA:

STAKEHOLDERS:

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Stakeholders play a crucial role in the Environmental Impact Assessment (EIA) process, which is a
systematic process used to identify, predict, and evaluate the potential environmental impacts of
proposed projects or developments.

“Stakeholders are individuals, groups, or organizations that have an interest in or may be affected by
the outcomes of the EIA process”. Their involvement is essential for ensuring that the assessment
considers a broad range of perspectives and that the decision-making process is transparent and
inclusive.

General categorization of stakeholders in EIA:

1. Government Agencies:

 Local, regional, and national government agencies involved in permitting, regulation, and
decision-making processes related to the project.

2. Project Proponents/Developers:

 Companies or individuals proposing the project and seeking approvals. They have a vested
interest in the project's success and compliance with environmental regulations.

3. Local Communities:

 Residents living near the project site or in the vicinity, who may experience direct or
indirect impacts on their environment, health, and quality of life.

4. Non-Governmental Organizations (NGOs):

 Environmental and community groups that may advocate for environmental protection,
social justice, and the interests of affected communities.

5. Industry Groups and Business Associations:

 Organizations representing specific industries or business sectors that may be impacted by


the project.

6. Environmental Experts and Consultants:

 Professionals hired to conduct the environmental impact assessment, providing technical


expertise and analysis.

7. Academic and Research Institutions:

 Organizations that may contribute scientific research and expertise to the EIA process.

8. Local Indigenous and Tribal Groups:

 Communities with cultural or historical ties to the project area, especially if the project
affects lands traditionally occupied or used by indigenous peoples.
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9. Media:

 Journalists and media organizations covering the project, its environmental implications,
and public reactions.

10. International Organizations:

 Entities, such as international environmental organizations or agencies, that may have a


global or regional interest in the project.

11. Utilities and Infrastructure Providers:

 Organizations responsible for providing essential services, such as water, energy, or


transportation, that may be affected by the project.

12. Tourism and Recreation Groups:

 Organizations representing interests related to tourism and recreational activities that could
be impacted by the project.

It's important to note that the list is not exhaustive, and the identification of stakeholders should be done on
a case-by-case basis during the scoping phase of the EIA process. Effective engagement with stakeholders
ensures a comprehensive assessment of potential impacts and facilitates the integration of diverse
perspectives in the decision-making process.

ROLE OF STAKEHOLDERS IN EIA:

Stakeholders play a crucial role in the Environmental Impact Assessment (EIA) process, contributing to
the overall effectiveness and legitimacy of the assessment. Their involvement is essential at various stages
of the EIA process, and their major roles include:

1. Identification and Scoping:

 Stakeholders assist in identifying and defining the scope of the EIA. Their input helps
ensure that all relevant environmental and social aspects are considered during the
assessment.

2. Data Collection and Information Sharing:

 Stakeholders provide valuable data and information about the local environment,
community dynamics, and potential project impacts. This information exchange is
critical for producing an accurate and comprehensive EIA report.

3. Public Participation:

 Public participation is a key component of the EIA process. Stakeholders, especially


local communities, have the right to be informed and engaged in decision-making. Their
participation helps ensure that diverse perspectives and concerns are considered,
contributing to more informed and inclusive decision-making.
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4. Review and Feedback on EIA Reports:

 Stakeholders, including local communities, NGOs, and experts, have the opportunity to
review the EIA reports. They can provide feedback on the accuracy and completeness of
the assessment, identify potential gaps, and suggest additional mitigation measures or
alternatives.

5. Conflict Resolution:

 Stakeholders may have conflicting interests or concerns related to the proposed project. The
EIA process provides a platform for addressing and resolving conflicts through
dialogue and negotiation, fostering a more collaborative decision-making
environment.

6. Mitigation Measures and Alternatives:

 Stakeholders contribute to the identification and development of mitigation measures


and alternative project designs. Their local knowledge and insights can help identify
practical and culturally sensitive solutions to minimize negative impacts.

7. Decision-Making and Approval:

 Decision-makers consider the views and concerns of stakeholders when making decisions
about project approval, modification, or rejection. The involvement of stakeholders
contributes to the transparency and accountability of the decision-making process.

8. Post-Approval Monitoring:

 Stakeholders may continue to play a role in monitoring the project's environmental and
social performance after approval. This ongoing engagement helps ensure that the project
adheres to the proposed mitigation measures and that any unforeseen impacts are addressed
promptly.

9. Capacity Building and Awareness:

 Stakeholders, especially local communities, benefit from capacity-building efforts during


the EIA process. This includes increasing their awareness of environmental issues, potential
project impacts, and their rights in the decision-making process.

10. Legal Compliance and Accountability:

 The inclusion of stakeholders in the EIA process helps ensure that the assessment
complies with legal requirements. It also holds project proponents and decision-makers
accountable for addressing environmental and social concerns raised by stakeholders.

In summary, stakeholders in the EIA process contribute to the robustness, credibility, and social
acceptance of the assessment. Their involvement fosters a more holistic understanding of potential impacts
and facilitates the development of sustainable and socially responsible projects.

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IMPORTANCE OF STAKEHOLDERS IN EIA:

Stakeholders play a crucial and multifaceted role in the Environmental Impact Assessment (EIA) process,
and their involvement is considered essential for several reasons:

1. Comprehensive Understanding of Impacts:

 Stakeholders bring diverse perspectives and local knowledge to the EIA process. Their
involvement ensures that a wide range of potential environmental, social, and economic
impacts are considered, leading to a more comprehensive understanding of the project's
implications.

2. Increased Accuracy and Credibility:

 Including stakeholders in the EIA process enhances the accuracy and credibility of the
assessment. Input from local communities, experts, and organizations ensures that the
assessment is based on real-world conditions and practical considerations.

3. Enhanced Decision-Making:

 Stakeholder involvement contributes to more informed and transparent decision-


making. Decision-makers can consider a broader array of viewpoints, concerns, and
potential solutions, leading to decisions that better balance competing interests and
priorities.

4. Public Acceptance and Legitimacy:

 Engaging stakeholders, especially local communities, builds trust and fosters public
acceptance of the project. When stakeholders feel that their concerns are heard and
considered, it enhances the legitimacy of the EIA process and the subsequent project
approval.

5. Identification of Alternatives and Mitigation Measures:

 Stakeholders often contribute to the identification of alternative project designs and


mitigation measures. Local knowledge can lead to more effective solutions that address
concerns and reduce the negative impacts of the project.

6. Conflict Resolution:

 Stakeholder engagement provides a platform for addressing conflicts and resolving disputes
early in the process. This helps create a more collaborative atmosphere, reducing the
likelihood of prolonged legal or social conflicts later in the project lifecycle.

7. Social Justice and Equity:

 The involvement of stakeholders promotes social justice and equity by ensuring that
the voices of marginalized or vulnerable groups are heard. It helps prevent the
disproportionate distribution of benefits and burdens associated with the project.
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8. Legal Compliance:

 In many jurisdictions, stakeholder engagement is a legal requirement for the EIA


process. Compliance with these legal obligations ensures that the assessment meets
regulatory standards and avoids potential legal challenges.

9. Adaptive Management and Learning:

 Stakeholder engagement supports adaptive management, allowing for adjustments to


project plans as new information emerges. It facilitates a learning process that can improve
the effectiveness of future projects based on the experiences and feedback received.

10. Sustainable Development:

 By considering the concerns and values of various stakeholders, the EIA process
contributes to the principles of sustainable development. It aims to balance economic,
social, and environmental considerations to achieve long-term benefits without
compromising future generations' ability to meet their needs.

SELECTION & REGISTRATION CRITERIA FOR EIA CONSULTANTS:

Environmental Impact Assessment (EIA) consultants play a crucial role in assessing and mitigating the
potential environmental impacts of proposed projects. The selection and registration criteria for EIA
consultants vary by region and country, as different jurisdictions may have specific requirements.
However, there are some common elements that are often considered when selecting and registering EIA
consultants. Some General criteria that are commonly used:

1. Qualifications and Expertise:

 Educational Background: EIA consultants should have relevant academic qualifications in


environmental science, environmental engineering, ecology, or a related field.

 Professional Experience: They should have a demonstrated track record of experience in


conducting EIAs for similar projects.

2. Technical Competence:

 Expertise in Relevant Disciplines: Consultants should possess expertise in various


environmental disciplines such as air quality, water quality, biodiversity, social impact
assessment, etc.

 Access to Technical Resources: Adequate technical resources, including laboratories and


equipment, are important for conducting thorough assessments.

3. Relevant Experience:

 Project-Specific Experience: Consultants should have experience in conducting EIAs for


projects similar in nature and scale to the one for which they are being considered.

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 Geographic Experience: Familiarity with the local environmental conditions and regulations
is crucial.

4. Legal Compliance:

 Registration and Accreditation: Consultants should be registered or accredited by the


relevant environmental regulatory bodies or agencies in the jurisdiction where they operate.

 Adherence to Standards: Ensure that the consultants follow national and international
standards and guidelines for environmental impact assessments.

5. Conflict of Interest:

 Independence: EIA consultants should demonstrate independence and avoid conflicts of


interest that may compromise the integrity of the assessment.

 Disclosure: Any potential conflicts of interest should be transparently disclosed.

6. Communication and Stakeholder Engagement:

 Effective Communication Skills: Good communication skills are essential for conveying
complex environmental information to diverse stakeholders.

 Stakeholder Engagement: Consultants should demonstrate an ability to engage with and


consider the perspectives of local communities, NGOs, and other stakeholders.

7. Quality Assurance:

 Quality Management System: EIA consultants should have a quality management system in
place to ensure the accuracy and reliability of their assessments.

 Peer Review: Some jurisdictions may require consultants to undergo peer review processes
to validate the quality of their work.

8. Financial Capacity:

 Adequate Resources: Consultants should have the financial capacity to carry out the EIA
process, including field studies, data collection, and reporting.

9. Ethical Considerations:

 Adherence to Ethical Standards: EIA consultants should adhere to ethical standards and
professional codes of conduct.

10. Continuous Professional Development:

 Commitment to Learning: Demonstrated commitment to staying updated on the latest


developments in environmental science and regulations.

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It's important to note that specific criteria and requirements can vary, and it is advisable to refer to the
regulations and guidelines set by the relevant environmental authorities in the specific jurisdiction where
the project is located.

NRBPT Criteria for Registration of

EIA Consultant Organizations

NRBPT
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National Registration Board


for Personnel and Training

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NRBPT Criteria for Registration of

EIA Consultant Organizations

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Contents

S.No Subject Page No


1.0 Introduction 1
2.0 Nomenclature / Abbreviations 4
3.0 Criteria 5
3.1 Legal Status 5
3.2 Skills and Knowledge of Experts 5
3.2.1 EIA Coordinators
3.2.2. Functional Experts
3.3 Work Experience of Functional Area Experts 13
3.4 Facilities 14
3.5 Administration of EIA Consultant Organization 14
3.6 Complaints and Appeals 15
3.7 Confidentiality 15
3.8 Changes 15
3.9 Assessment of the organization 16
3.9.1 Language
3.9.2 Initial Assessment
3.9.3 Office Assessment & Interview
3.9.4 Surveillance and Re-assessment
3.10 Suspension or Cancellation 17
3.11 Appeals 18
4.0 Code of Conduct for Consulting Organizations 19
5.0 Fee Structure 20
General Information on Payment of Fee for Registration

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OCE351-ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT

6.0 List of Annexures


Annexure -I : Personal Attributes of the EIA Coordinator 21
and Functional Area Experts
Annexure -II : Additional Documents 22
Annexure - III : Typical Processing Cycle of Application 23
Annexure - IV : Application Form for EIA Consultant 25
Organizations
Annexure - V : Declaration of EIA Coordinator/Functional Area 29
Expert of their association

PREPARED BY
KRITHIKA S/AP/BT
MONISHA /AP/BT

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OCE351-ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT

PREPARED BY
KRITHIKA S/AP/BT
MONISHA /AP/BT

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OCE351-ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT

1.0 Introduc琀椀on

Carrying out Environmental Impact Assessment (EIA) is an essential component of most


developmental and industrial activities in our country. This has been adopted to ensure that
development and environment protection go hand-in-hand. To achieve this objective, it is
crucial that quality of EIAs being carried out are of a high order so that possible impacts on
environment of such activities can be assessed and mitigative measures adopted. However,
the present situation is far from satisfactory, since the EIAs being developed, more often than
not, do not measure up to the required quality.

Some of the reasons for EIAs not being of required quality are:

- Improper / inadequate scoping for the EIA


- Consultants not having adequate understanding for developing EIAs
- Poor quality of inputs to EIAs
- Mostly “copy-cut-paste” jobs
- No checks on the competence of EIA Consultants
- No liability of EIA consultants
- Very few in-house reports

In the new Environmental Clearance Notification of Ministry of Environment & Forests


(MOEF), some of the above aspects have been addressed particularly scoping for the EIA
(which will now be done by the Ministry or state level authority vide the MOEF notification
dated September 14, 2006), check list for environmental impacts, guidelines for EIA
report's structure etc. Once a proper scoping is developed then the EIA is expected to
remain on rails and address the main issues concerning that project.

Quality Council of India (QCI) was established as an autonomous non-profit organization


to establish the National Accreditation Structure, jointly by the Government of India and the
Indian Industry represented by the three premier industry associations, Associated Chamber
of Commerce and Industry of India (ASSOCHAM), Confederation of Indian Industry (CII)
and Federation of Indian Chambers of Commerce and Industry (FICCI)

National Registration Board for Personnel & Training (NRBPT), a constituent of Quality
Council of India, offers services for registration of Personnel and Training Courses. NRBPT
has launched the scheme for registration of EIA consultant organizations. The registration
under this criteria is based on the resources available with the organization including
technical expertise of consultant, resource persons their educational background as well as
experience and expertise. The objective is to meaningfully contribute towards improving the
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OCE351-ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT


quality of EIAs.

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NRBPT criteria for EIA consultant

EIAs are essentially multi-disciplinary activities where inputs are required from specialists
having knowledge of the industry for which EIAs are to be carried out as well as in
functional areas like air pollution control, water pollution control, noise and vibration,
ecology and bio- diversity, land use, ground water and hydrology, socio economy, risks and
hazard management etc. The functional area experts are expected to assess the impacts from
the proposed development / industrial activities in their respective areas of expertise and then
feed the same to the EIA Coordinator. Projects for which EIAs are required to be done can be
categorized under the following heads as given in the new EIA Notifications:

- Mining, extraction of natural resources, power generation


- Primary processing
- Materials Production
- Materials processing
- Manufacturing fabrication
- Services sector
- Physical Infrastructure
- Construction/ Townships/commercial complexes

The EIA Coordinator would need to have broad knowledge about the project, as well as the
above functional areas so that he is able to correlate projected impacts, for which inputs have
been given by the various experts on the project activities, and develop an overall impact
assessment and management plan.

Criteria for registration of EIA Consultant organization

Keeping the above requirements in view, the EIA registration criteria have been developed as
follows:

1. Guidance - on skills and knowledge of func琀椀onal area experts. They may be


individuals having requisite educa琀椀onal background and experience in their
respec琀椀ve areas.

2. Registra琀椀on of EIA consultant organiza琀椀ons - Since EIAs require


comprehensive inputs from the project as well as related func琀椀onal areas,
apart from the infrastructure backup like site monitoring, dra昀琀ing, o昀케ce
setup etc., only organiza琀椀ons would be registered as EIA consultants. These
Organiza琀椀ons will require u琀椀lising the services of func琀椀onal area experts with
the quali昀椀ca琀椀ons prescribed by NRBPT.
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Assessment Procedure

Assessment procedure for EIA Consultant Organization would cover the following:

* Desk top review of documents pertaining to background of the organiza琀椀on,


manpower, equipment, experience, etc
* On site veri昀椀ca琀椀on of o昀케ce & interview of the EIA co-ordinator and some of
the func琀椀onal area experts proposed to be used
* Func琀椀onal area experts may work for the consultant as employed, or be
empanelled by the consultant
The Consultant organization shall develop & maintain documented procedures for effective
administration of the Consultancy projects in line with ISO 9001:2000.

Registration under this scheme is available without restriction to all applicants who satisfy the
registration requirements.

NRBPT reserves all rights to amend its registration criteria, procedures and fees etc. as it
may deem fit. Applicants are requested to refer to the updated criteria on QCI website
(www.qcin.org) before applying for their registration.

All information provided by the applicants can be verified and shared with the stakeholders
including MOEF at any stage during or after the assessment process. NRBPT reserves the
right to utilize the information provided by the applicants for legal, research, for sharing with
other IPC (International Personnel Certification Association) members or for any other
purpose as may be deemed fit by NRBPT. In case an applicant wants the information to be
kept confidential, a communication must be sent to NRBPT citing reasons for the same.
NRBPT has the right to take decision in this regard as it may deem fit.

Please contact NRBPT office for the latest information.

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2.0 Nomenclature/Abbrevia琀椀ons

Desk Top Review The evaluation of documentary evidence submitted by the applicant in
support of the application.

Consultant Examiner A consultant examiner is the person designated by NRBPT to


review the relevant documentation submitted by the applicant and to verify the competence
of the applicant for registration in line with the NRBPT requirements.

Carbon Mono
COOxide
CPCB Control Board Environmental Impact
Central Pollution
AssessmentEIA
Environmental Management Plan Environment
EMP
Management System Geographical Information System
EMS
Ground Level Concentration Impact Assessment Agency
(IAA) GIS
GLC
International Personnel Certification Association
IAA
International Organization for Standardisation
IPC
Ministry of Environment & Forests
ISO
National Accreditation Board for Testing and Calibration Laboratories
MOEF
Oxides of Nitrogen
NABL
National Registration Board for Personnel & Training
NOx
Occupational Health & Safety Management System
NRBPT
Doctor of Philosophy
OHSMS
Quality Council of India Quality Management System
Ph D
Respirable QCI
Particulate Matter Sulphur Dioxide
State Pollution
RPM
QMS Control Board (SPCB) Volatile Organic Compounds
SO2
SPCB
VOCs

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3.0 Criteria

3.1 Legal Status


These can be government, public sector or private organizations which could be
proprietary 昀椀rms, partnership 昀椀rms or companies (Pvt. & Public Limited), bodies
registered under Registration of Society Acts, Research Institutes etc.

3.2 Skills and Knowledge of Experts


The EIA Consultant organization shall have adequate number of well qualified experts full
time, part time or on the panel to support the scope of services being offered by the
organization.

The educational background and experience of experts utilized should be commensurate with
the level of expertise required for a particular EIA project. The experts should fulfill the
following criteria-

3.2.1 EIA Coordinators

3.2.1.1Educa琀椀onal Background

a) Graduation / Post Graduation / Doctorate or equivalent in

Engineering- Chemical, Mechanical, Mining, Civil, Environmental

etc. Sciences - Environmental, Physics, Chemistry, Botony/

Zoology,
Geology, Agricultural Sciences etc.

Others - Economics, Sociology, Management, Architecture, Town


& Country Planning etc.

b) Speci昀椀c Training

On analysis of inputs from various functional experts and developing


Environmental Impact Assessment reports.

3.2.1.2Experience

The EIA coordinator must have experience in EIA development and


experience / understanding / exposure in the relevant industry of the project
sectors for which he wants to develop EIAs, as well as a fair level of
understanding of major functional areas like air & water pollution, land use,
ecology, socio-economy etc.

The qualifications, skills and knowledge of the functional area experts to be

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3.0 Criteria
utilized by the EIA Consultant Organization for EIA studies have been
specified below.

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3.2.2 Func琀椀onal Area Experts

3.2.2.1Land Use

(i) Educational Background

a) Degree in Physical Planning, Architecture


b) Degree in Civil Engineering
c) Master Degree in relevant subjects (Geography, Remote sensing etc)
d) Specialized training in Mapping and Spa琀椀al Planning (GIS and other
computer applica琀椀on, Remote sensing, etc.)

(ii)Speci昀椀c Experience

a) Should have worked in genera琀椀on and analysis of data related to land


use pa琀琀ern
b) Should have developed land use map of urban, semi-urban, rural
and mixed Areas
c) GIS based land use development
d) Integra琀椀on of land use related data/ informa琀椀on to environmental impacts

3.2.2.2Air Pollu琀椀on Preven琀椀on, Monitoring & Control

(i) Educational Background

a) Gradua琀椀on / Post Gradua琀椀on / Doctorate/ Equivalent in any of the


following
 Engineering - Environmental, Chemical, Mechanical, Civil, others
 Environmental Sciences
 Physics, Chemistry
b) Specialised course/training in air pollu琀椀on preven琀椀on, monitoring
and control.

(ii) Experience in Air Pollution Monitoring

a) Meteorology-Wind speed, wind direc琀椀on, rela琀椀ve humidity, wet & dry


bulb temperature, rainfall etc.
b) Ambient Air Quality -Suspended par琀椀culate ma琀琀ers, Respirable
particulate matters, SO2, NOx, CO, Hydrocarbons & other relevant
parameters including VOCs

c) Stack monitoring -Par琀椀culate ma琀琀ers, SO2, NOx, & other relevant


parameters

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d) Handling and use of equipment / instruments l ike High


volume ai
r samplers, RPM measurement, Stack monitoring kit, Personal samplers.
e) Assessment of Green House Gas Emissions
f) Knowledge of interna琀椀onal trea琀椀es related to emissions.

(iii) Experience in Air Pollution Prevention & Control

a) Reduc琀椀on in process emissions at source


b) Reduc琀椀on in fugi琀椀ve emissions
c) Design of emission control systems
 Iden琀椀fying & assessing quantum of emission
 Iden琀椀fying the most suitable control device e.g. condensers,
spray systems, scrubbers, cyclones, ESPs, bag 昀椀lters etc.
 Design of air pollu琀椀on control systems and their e昀케ciencies
 Interlocking control systems with produc琀椀on plants
d) Cost es琀椀mates for control systems

3.2.2.3Meteorology, Air Quality Modelling & Predic琀椀on

(i) Educational Background:

a) Gradua琀椀on/ Post-Gradua琀椀on/ Doctorate/ Equivalent in any of the


following
 Physics / Chemistry / Mathema琀椀cs / Sta琀椀s琀椀cs
 Meteorology
 Air Pollu琀椀on
 Environmental Engineering
 Environmental Sciences
b) Specialised course/training on air quality modelling & impact predic琀椀on

(ii) Experience in Air Quality simulations

a) Air Quality Models


 Source to receptor - point source, area source, line source
 Receptor to source
 Models used should meet the requirements of CPCB guidelines
b) Applica琀椀on of Industrial Source Complex Model
 Use of Air Emission data monitored or from theore琀椀cal calcula琀椀ons.
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 Use of Meteorological data 昀椀eld generated or from secondary sources

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c) Predic琀椀on of impacts
 Ground level concentra琀椀ons
 GLC isopleths
 Worst case ground level concentra琀椀on etc.
d) Applica琀椀on of air quality model for any other purpose

3.2.2.4 Water Pollu琀椀on Preven琀椀on, Control & Predic琀椀on of Impacts

(i) Educational Background

a. Gradua琀椀on / Post Gradua琀椀on / Doctorate or Equivalent in


 Engineering- Environmental, Chemical, Civil or other relevant
subjects
 Environmental Sciences
 Physics, Chemistry, Biology, Biochemistry, Toxicology,
Biotechnology or other relevant subjects
b. Specialized course/ training on water pollu琀椀on & control technologies

(ii) Speci昀椀c Experience

a) Water Quality monitoring


b) Water Audi琀椀ng / Water Balance / Water Budge琀椀ng
c) Water conserva琀椀on
d) Developing schemes for cascading use (recycle, reuse) of water
e) Iden琀椀昀椀ca琀椀on & characteriza琀椀on of e昀툀uent streams with a view to
segrega琀椀ng the same for grouping and ini琀椀al treatment
f) Developing Physico chemical, Biological and other relevant types of
water treatment systems
g) Water quality modeling for predic琀椀on of impacts of e昀툀uent discharge
to receiving water bodies
3.2.2.5 Ecology and Biodiversity

(i) Educational Background

A)Post Gradua琀椀on / Doctorate in any of the following disciplines from recognized


Universi琀椀es in India and abroad
 Zoology
 Botany
 Forestry

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 Environmental Sciences
 Any other subject of Natural Science viz, micro-biology, bio-
technology, bio-chemistry etc
b) Training on Impact Assessment on ecology / biodiversity from various
industrial, infrastructural and other developmental work

(ii) Speci昀椀c Experience / Skills

a) Basic knowledge in taxonomy for resource inventory (昀氀ora and fauna)


of the project area
b) Conduc琀椀ng ecological / wildlife surveys
c) Prepara琀椀on of status reports for endangered species of animals and plants
d) Experience of providing guidance and support for conserva琀椀on of
species and habitats
e) Adequate knowledge of EIA Legisla琀椀on process in India
f) Understanding of policy, guidelines and legisla琀椀ons related to ecological
biodiversity conserva琀椀on.
g) Specialized training in the 昀椀eld of impact assessment on ecological
monitoring
h) Professional Membership
i) Contribu琀椀on to EIA documenta琀椀on

3.2.2.6Noise / Vibra琀椀on

(i) Educational Background

a) Gradua琀椀on / Post Gradua琀椀on / Doctorate/ Equivalent in any of the


following
 Engineering - Environmental, Mechanical, Electrical, Civil, others
 Sciences Physics, Mathema琀椀cs, Sta琀椀s琀椀cs, Environmental
 Speci昀椀c quali昀椀ca琀椀on/training in Noise/Vibra琀椀on
b) Specialized course/training on noise /vibra琀椀on measurement,
predic琀椀on & control

(ii) Speci昀椀c Experience in the area of Noise/Vibration (monitoring


and prediction)
a) Experience of working in Acous琀椀cs Laboratory
b) Handling and data collec琀椀on using noise/vibra琀椀on monitoring equipment
c) Experience in processing of data related to noise/vibra琀椀on

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d) Predic琀椀on (present & future) of noise/vibra琀椀on levels using relevant


models in areas like residen琀椀al, special areas (hospitals, educa琀椀onal
ins琀椀tu琀椀ons, religious places etc.), commercial, industrial due to
community ac琀椀vi琀椀es, urban tra昀케c, highway tra昀케c, railroad, avia琀椀on,
commercial & industrial ac琀椀vi琀椀es, etc.
e) Knowledge of Na琀椀onal & Interna琀椀onal Standards, laws (rules &
regula琀椀ons)
f) Source appor琀椀onment
g) Knowledge of control mechanisms for vehicular noise, industrial noise,
noise emana琀椀ng from community ac琀椀vi琀椀es, indoor noise,
h) Design and op琀椀misa琀椀on of noise/vibra琀椀on a琀琀enua琀椀on devices

3.2.2.7Socio-Economy

(i) Educational Background

a) Graduate in Social Science subjects


b) Post Graduate/ Masters/ Ph. D in any of the following subjects
 Rural Development
 Social Work / Social Welfare
 Rural Management
 Sociology
 Anthropology
 Psychology
c) Training on Impact Assessment Study in Rural/ Urban area for
development works.

(ii) Speci昀椀c experience / Skills

a) Design and develop format/ ques琀椀onnaire on Base Line Survey and


Impact Assessment Studies for speci昀椀c issues related to environment
and/or social changes.
b) Carry out Impact Assessment Study by using various methodologies
c) Compile, tabulate and assess data collected including demographic and
socio-economy related data
d) Prepara琀椀on of narra琀椀ve and 昀椀nancial statements
e) Understanding on the policy, guidelines, Government plans and
programm on Community Development/ Rural Development
f) Capacity to interact and develop rapport at community level

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g) Able to communicate and get involved into social and cultural ac琀椀vi琀椀es
of local popula琀椀ons
h) Have good understanding of Socio Economic status of both tribal and
non tribal areas

3.2.2.8Ground water & Hydrology

(i) Educational Background

a) Gradua琀椀on/Post-Gradua琀椀on/Doctorate/Equivalent in:
 Geology, Hydrology, Geophysics
 Environmental Science
 Engineering related 昀椀elds
b) Specialied training / course on impacts on Ground Water & Hydrology

(ii) Speci昀椀c Experience

a) Analyses of Surface Hydrological data as 昀氀ow 昀氀uctua琀椀on, es琀椀ma琀椀on of


昀氀ows at 10, 50 and 90 percen琀椀le levels
b) Se琀�ng up and Interpreta琀椀on of gauging sta琀椀on readings
c) Design of network of ground water table measurements
d) Computa琀椀on of ground water 昀氀ow rate and direc琀椀on
e) Plo琀�ng of ground water contours
f) Prepara琀椀on of Water Budget
g) Conduc琀椀ng pump tests on selected well
h) Analyses of data to determine aquifer characteris琀椀cs e.g. permeability,
transmissivity, storage coe昀케cient etc.
i) Es琀椀mate groundwater poten琀椀al and recharge phenomenon
j) Determina琀椀on of impact of withdrawal of groundwater
k) Determina琀椀on of impact on groundwater

3.2.2.9Geology & Soil

(i) Educational Background

Graduation/Post-Graduation/Doctorate/Equivalent in:
 Geology, Soil Science, Geophysics, Agricultural Sciences
 Environmental Science
 Engineering relevant 昀椀elds

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(ii) Specialized training/course on impacts on soil & geology


from di昀昀erent types of development activities

(iii) Speci昀椀c Experience on

 Geology and Geomorphological analyses/descrip琀椀on


 Stra琀椀graphy
 Lithology
 Seismic Analyses
 Analyses and characteris琀椀cs of Soils
 Land use capability assessment
 Construc琀椀on of Geological and Soil Maps
 Soil Sampling Techniques
 Produc琀椀vity poten琀椀al of soils
 Impact study on soils (ex. due to leachate phenomena and air pollutant
fallout)

3.2.2.10 Risk Assessment & Hazard Management

(i) Educational Background

a) Gradua琀椀on / Post - Gradua琀椀on / Doctorate / Equivalent in


 Environmental Science
 Engineering
 Toxicology

(ii) Post graduate training/ diploma on Industrial Safety

(iii) Speci昀椀c Experience

a) Iden琀椀昀椀ca琀椀on of Hazards & Hazardous Substances


b) Risk and Consequence Analyses using latest so昀琀wares as Phast Micro
c) Prepara琀椀on of Impact Diagrams
d) Vulnerability Assessment
e) Prepara琀椀on of Onsite Emergency Preparedness Plan
f) Prepara琀椀on of O昀昀site Disaster Management Plan
All the Functional Area Experts should have adequate knowledge and
understanding of the relevant Acts & Rules there under that govern their
areas of expertise.

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3.3 Work Experience of Functional Area Experts


Different EIAs will require inputs from different levels of Functional Area Experts
depending on the type and magnitude of the projects and depth /extent of anticipated
environmental impacts to help EIA Consultant organization select functional area experts.
The following guidelines are recommended:

3.3.1 Expert level I (those with less experience can be designated as


Trainees)

May be involved in EIAs of smaller size projects or projects with limited


environmental impacts and working under the supervision & guidance of
the EIA coordinator.

Experience

 3 years in the relevant area (s) as a func琀椀onal expert of EIA prepara琀椀on


team.
 3 years teaching/research experience on relevant subjects in a
technical / research ins琀椀tute.
 Par琀椀cipated as a team member in data collec琀椀on/data handling
and publica琀椀ons of at least 2 survey reports / technical reports.

3.3.2 Expert level II

For medium size projects or projects with broad environmental impacts and
may work independently after initial scoping of the work in consultation
with the EIA coordinator.

Experience

 6 years of experience in relevant area(s) as func琀椀onal expert of an EIA


prepara琀椀on team.
 6 years experience in relevant area(s) as a consultant or in
teaching/research.
 Consultancy experience should be relevant for EIA development. The
teaching/research experience should be relevant as inputs to EIA
prepara琀椀on.

3.3.3 Expert level III

For mega/large size projects with wide and long ranging environmental
impacts. Should be able to work in his area independently and contribute
meaningfully in developing the environmental impacts from the project in
his area of expertise along with the EIA coordinator.

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Experience
 10 years experience in relevant area(s) as func琀椀onal expert of an EIA
prepara琀椀on team or as an independent consultant
 Publica琀椀ons in Technical/Research Journals
 Membership of Professional Bodies/na琀椀onal & interna琀椀onal commi琀琀ees

3.4 Facilities
The Consultant organization shall have adequate resources like office space,
equipment etc to support the scope of services being provided by the
organization. In case the Organization carries out baseline environmental data
generation in-house, then it should have adequate laboratory and field monitoring
equipment facilities (Details mentioned in Application Form)

3.5 Administration of EIA Consultant Organization


The Quality Management System should be based on ISO 9001:2000
standard.
i) The organiza琀椀on shall develop and maintain documented procedures for the
e昀昀ec琀椀ve administra琀椀on of the EIA studies in line with ISO 9001:2000, which should
include:
ii) Details of projects covered
iii) The control of organiza琀椀on's publicity and adver琀椀sing
iv) A document control system for the maintenance and upda琀椀ng of procedures and
records.
v) The criteria for selec琀椀ng func琀椀onal area experts, procedures for their ini琀椀al
training, evalua琀椀on of their delivery and ongoing review of performance.
vi) Regular management reviews
vii) Records of EIA studies conducted including sta琀椀s琀椀cal analyses of reports submi琀琀ed
for approval etc.
vii) Security and confidentiality of project reports.
ix) No琀椀fying NRBPT of signi昀椀cant changes before they are implemented.
x) Complaints and appeals.

Records

a) The organiza琀椀on shall maintain records to demonstrate conformance to the NRBPT


requirements.
b) Records shall be maintained in English.

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c) Records may be in the form of any type of media, such as hard copy or electronic media.

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d) These records shall be maintained for at least three years.


e) These records shall be made available to NRBPT on demand.

3.6 Complaints and Appeals


The EIA Consultant Organization shall have documented procedures for handling &
disposal of complaints within a reasonable time.

The documented procedure shall include provision for corrective and/or preventive
action to be taken if required as a result of any complaint or appeal. The procedures
shall include the potential involvement of NRBPT in unresolved complaints or
appeals.

The organization shall inform all clients of the right to make a complaint or an appeal
and shall provide written details of the process for doing so, on request.

The organization shall notify each complainant or appellant in writing of the result of
the complaint or appeal and of the right to appeal against the result to NRBPT.

The organization shall maintain records of all complaints and appeals, of their
resolution and the corrective & preventive actions taken.

3.7 Confidentiality
The organization shall have adequate arrangements consistent with applicable laws to
safeguard confidentiality of all information provided by its clients. These
arrangements shall be extended to include organizations or individuals acting on its
behalf and its representatives.

Except as required, information about an organization shall not be disclosed to a third


party without written consent of the organization.

3.8 Changes
The organization shall notify NRBPT of any changes that it makes in its quality
manual, documents experts, locations etc.

NRBPT reserves the right to carry out assessment before its approval. Expenses for
this re-assessment shall be borne by the organization.

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3.9 Assessment of the organization

3.9.1Language

All communication, documentation and records for NRBPT or those to be reviewed by


NRBPT shall be in English.

3.9.2Ini琀椀al Assessment

3.9.2.1 DESK TOP Review and Documenta琀椀on assessment

NRBPT shall evaluate the following documents which shall be submitted along with
the Application of Registration -
a) Details regarding the EIA Consultant Organiza琀椀on, experts to be
associated, experience and client list as per Applica琀椀on Form given in
this document
b) Copy of one EIAs carried out in preceding 2 years from the date of
applica琀椀on (EIA copy may be returned to the applicant, if so desired,
a昀琀er processing of his applica琀椀on form)
c) Quality Manual
d) The criteria for selec琀椀ng experts, procedures for assessing their
performance
e) O昀케ce administra琀椀on documents including promo琀椀onal material.

After the evaluation, NRBPT will inform the organization of the non-conformities
and/or observations, if any.

The organization shall be required to close all observations and non-conformities


before the next stage of assessment.

3.9.3O昀케ce Assessment & Interview

Following review and acceptance of the detailed documentation and other


procedures, NRBPT shall undertake at least one full assessment of Office, support
structure and the reports prepared by the organization. Interviews of all/or identified
empanelled experts will be conducted during the office assessment.

In case the organization has multiple locations, then a partial assessment of few
selected locations will be conducted by NRBPT. The choice of locations will be at the
discretion of NRBPT assessment team.

The organization shall be informed of the findings and non-conformities, if any.

In case any corrective action is required, the organization shall make the necessary
corrections & improvements, and submit the appropriate documents within a defined
time schedule.
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An additional full or partial evaluation may be done by NRBPT to verify the


compliance of corrections.

The NRBPT Registration Committee will take the decision on registration for the
organization, depending on the Assessment report.

The Annual Registration fee should be paid by the organization on receipt of


information from NRBPT. Subsequently for every year, the organization will have to
clear the fee for surveillance assessment and pay the requisite fee for renewal of
Registration.

A certificate will be issued on receipt of fees.

3.9.4 Surveillance and Re-assessment

(i) Surveillance Assessment

To assess an organization's continuing conformance to NRBPT criteria and


the effective implementation of the procedures, NRBPT shall conduct an
annual surveillance for Administrative procedures, practices and records.

NRBPT reserves the right to carry out more frequent or longer surveillance
as necessary in case of complaints/concerns against the organization. Cost for
the same shall be borne by the organization.

NRBPT may also conduct surprise surveillance.

(ii) Re-assessment

NRBPT shall carry out reassessment of the office, office procedures and
documentation to verify the compliance with the NRBPT criteria after every
three years.

The organization shall apply in the requisite application form for the
reassessment enclosing the necessary papers and the fee.

3.10 Suspension or Cancellation


NRBPT may suspend or cancel an approval because of any of the following, but not be
limited to:
a) non compliance or viola琀椀on of the NRBPT requirements
b) providing insu昀케cient or incorrect informa琀椀on to NRBPT
c) improper use of NRBPT Registra琀椀on mark
d) changes without NRBPT approval

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e) failure to report any major legal (mandatory compliance) changes


f) any other condi琀椀on deemed appropriate by NRBPT
g) non payment of fees.

3.11 Appeals
An appeal against NRBPT shall be made in writing to the Board Chairman. An
Appeals Committee will be constituted out of the Board Members to resolve the
issue.

In case of non-acceptance of the decision of the Appeals Committee by the applicant,


the appeal can be made to the Secretary General, QCI, who will then appoint an
arbitrator for the purpose. The arbitration shall be held in the city of Delhi and shall
be in accordance with the Arbitration and Conciliation Act 1996.

A TYPICAL PROCESSING CYCLE OF APPLICATION IS GIVEN IN ANNEXURE III.

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4.0 Code of Conduct for Consultant Organiza琀椀ons

All consultants are obliged to improve the standing of the consultancy profession by
rigorously observing the Code of Conduct. Failure to do so may result in suspension or
withdrawal of registration.

The Consultant Organization undertakes:


a. To act professionally, accurately and in unbiased manner. Be truthful, accurate
and fair to the assigned work, without any fear or favour.

b. To judiciously use informa琀椀on provided by or acquired from the client in


developing the EIA and maintain con昀椀 den琀椀ality of informa琀椀on
received/acquired in connec琀椀on with the assignment.

c. To avoid and / or declare any con昀氀ict of interest that may a昀昀ect the work to be
carried out.

d. Not to accept any favour from the clients, or their representa琀椀ves .

e. Not to act in a manner detrimental to the reputa琀椀on of any of the


stakeholders including NRBPT and the client.

f. To co-operate fully in any formal enquiry procedure of NRBPT as per appeals


procedure.

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5.0 Fee Structure

Fee Details (in Rs.) Fees


a) Application Brochure 500/-

b) Application Fee 50,000/-

c) Assessment Fee 12,000/- per man day


(Documents and Office)
# plus actuals

d) Annual Fee 50,000/-

e) Surveillance (partial assessment) 12,000/- per man day


(every year) (Documents and Office)
# plus actuals

f) Re-assessment (after 3 years)


Application 50,000/-
Assessment 12,000/- per man day
(Documents and Office)
# plus actuals

General Information on Payment of Fee for Registration


1. The fee is to be paid by a Demand Dra昀琀 payable at Delhi or a local Cheque of
Delhi in favour of “Quality Council of India”.
2. Only the Applica琀椀on fee is to be sent along with the applica琀椀on. Applica琀椀ons not
accompanied by the applica琀椀on fee will not be considered.
3. The Annual fee is to be sent only a昀琀er the receipt of con昀椀rma琀椀on from NRBPT.
Cer琀椀昀椀cate will be sent a昀琀er receipt of full fees and expenses.
4. Annual fee is to be paid in advance before the beginning of the next year
of cer琀椀昀椀ca琀椀on.
5. The company has the op琀椀on to pay the total 3 year's fee in advance based on the
es琀椀mates. Balance, if any, can be paid a昀琀er surveillance assessment.
6. The number of man-days of assessment may vary. The man days will increase in
case of mul琀椀ple loca琀椀ons.
7. “#” Expenses on local travel, outsta琀椀on travel, boarding and lodging etc. of
Assessors will be charged on actuals.
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Annexure - I
Personal A琀琀ributes of the EIA Coordinator & Func琀椀onal
Area Experts
Desirable personal attributes for EIA Coordinators and Functional Area Experts are as
follows :

 Ethical - Fair, truthful, sincere, honest and discreet;

 Open minded - Willing to consider alterna琀椀ve ideas or points of


view;

 Observant - Constantly and ac琀椀vely aware of organiza琀椀onal


culture and values, physical surroundings and
activities;

 Percep琀椀ve - Aware of and able to understand the need for


change and improvement;

 Versa琀椀le - Able to adapt to di昀昀erent situa琀椀ons and provide


alternative and creative solutions;

 Tenacious - Persistent, focused on achieving objec琀椀ves;

 Decisive - Reaches 琀椀mely conclusions based on logical


reasoning and analysis;

 Self-reliant - Acts and func琀椀ons independently while interac琀椀ng


effectvely with others;

 Communica琀椀ve - Able to listen to and interface with all levels of an


organization, confidently whilst sensitive to its
culture;

 Prac琀椀cal - Realis琀椀c and 昀氀exible in approach with good 琀椀me


management and leadership abilities (concerned
with facts and experiences);

 Accountable - Take responsibility for their own ac琀椀ons

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Annexure - II
Additional Documents

All the following documents are subject to revision therefore; applicants are requested to
verify the issue status. They should also refer to-

* Environmental Impact Assessment Manual- Ministry of Environment and


Forests - 2005

* MOEF No琀椀昀椀ca琀椀on on Prior Environmental clearance dated September 14,


2006 and clari昀椀ca琀椀ons there to.

* Relevant No琀椀昀椀ca琀椀ons on Environmental clearance and EIAs as posted in


MOEF website.

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Annexure - III
Typical Processing Cycle of Applica琀椀on

Receipt of Application

Administrative Verification of
Completeness of Documents

Return of Application
for completing the
application within 30 days
of the date of initial Not Result of
application or else Verification
Complete
closure of the application
Complete

Appointment of
NRBPT Assessors

Technical Evaluation of
Documents
by NRBPT Assessors

NRBPT Assessors to inform


NRBPT on adequacy of
documents and if any
clarification sought from Not Result of
the applicant Evaluation
Complete

NRBPT to seek above Complete


clarification from the applicant
within 30 days from the date
of information sent to applicant

Information sent to the


applicant by NRBPT of
adequacy of documents
and seeking dates for
office assessment and
details of terms and conditions

Office assessment by
A
NRBPT Assessors

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Assessment Report of NRBPT


Assessors to be forwarded to
NRBPT along with non conformi琀椀es,
if any

NRBPT to inform the applicant of


any non-conformi琀椀es, if
any and seek the closure of the
same

Veri昀椀ca琀椀on of Closure ac琀椀on by


NRBPT Assessors
and recommenda琀椀on to NRBPT

Decision By NRBPT Registra琀椀on


Commi琀琀ee

Note
In case of disagreement on the recommenda琀椀ons, decision of NRBPT Registra琀椀on Commi琀琀ee
will be 昀椀nal and binding on the applicant.

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Annexure - IV
Applica琀椀on Form for EIA Consultant Organiza琀椀ons
(Kindly attach separate sheets if necessary for more information)

1. Name of the Consultant organiza琀椀on

2. Contact details with the name of the contact person


Passport Size Photo

Tel No. Mobile


E-mail
(Contact Person)
3. Legal Status of the organiza琀椀on
a) Public / Private / Government
b) Company / Partnership / Proprietorship / Registered
Society
c) Research / Academic Ins琀椀tute
d) Industry Associa琀椀on
e) Others (please specify and a琀琀ach necessary evidence)

4 Date of Registra琀椀on/ Incorpora琀椀on (a琀琀ach copy of cer琀椀昀椀cate of incorpora琀椀on / registra琀椀on)

DD MM YY

5. Organiza琀椀on structure (with details of loca琀椀ons/associates etc.)

6. Annual Turnover of the organiza琀椀on (a琀琀ach balance sheet and IT returns for the last
3 years)

7. Technical Exper琀椀se (Full 琀椀me and/or empanelled) available with the organiza琀椀on
(a琀琀ach CVs and the declara琀椀on of experts/coordinator of their associa琀椀on signed
within 31 days preceding the date of applica琀椀on for registra琀椀on with NRBPT)
 EIA Coordinator
(as per Section 1, Clause B & C of this document)

 Functional Expert/s
(as per Section 1, Clause B & C of this document)
a) Land Use

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b) Air Pollu琀椀on control

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c) Air Quality Modelling


d) Water Pollu琀椀on control
e) Noise & Vibra琀椀on
f) Ground Water and Hydrology
g) Ecology Aqua琀椀c & Terrestrial Flora & Fauna incl Bio diversity

h) Socio Economy
i) Geology & Soil
j) Risk & Hazards Management
k) Others (Please specify)

8. How do you get 昀椀eld monitoring done to generate baseline environmental data
a) If in-house arrangement then, furnish details of Field Monitoring & Laboratory
Equipment (Indicate Make and Number of the Equipment) and Laboratory Sta昀昀

b) Recogni琀椀on status (NABL accredita琀椀on, Govt. recogni琀椀on etc.)

c) If it is done through outside agencies, detail of such agencies including


recogni琀椀on / registra琀椀on status

9. What type of quality control measures you adopt to ensure genera琀椀on of reliable
baseline data?

10. Furnish details of predic琀椀on model/so昀琀wares available in respect of


Air environment

Water environment

Noise environment

Any other

11. Organiza琀椀on's experience in EIA Studies


11.1 No. of EIA studies carried out in the last 5 years in following areas (Men琀椀on
separately Rapid and Comprehensive)

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11.2 Provide a brief note on the projects along with details of the capital
investment in di昀昀erent sectors
Industry

Mining

Power Plants

Multipurpose Irrigation, Hydro-electric and River Valley Project

Ports & Harbours

Infrastructure, Urban Development and Misc Projects

11.3 A琀琀ach copies of work order and comple琀椀on cer琀椀昀椀cate issued by the
clients in support of above.

11.4 Out of the EIA's developed by you, provide details of


a) EIA's which went through public hearing process

b) Number of hearings required for these EIA's

11.5 Number of EIA studies presented before the expert commi琀琀ee in MoEF,
Delhi.

11.6 EIA studies accorded clearance by MoEF, Delhi & number of presenta琀椀ons
for each EIA clearance

11.7 Copy of one EIA prepared by you in preceding two years from the date of
applica琀椀on

12. Please 琀椀ck the project sector/s for which you are seeking registra琀椀on with NRBPT
a) Industry
b) Mining

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c) Power Plants
d) Hydro Electric
e) Mul琀椀-purpose Irriga琀椀on
f) River valley projects
g) Ports & Harbors
h) Infrastructure and Urban Development & Misc. Projects.

13. Declara琀椀on

We have carefully read all NRBPT guidelines for registration of EIA Consultant
organization. We confirm that the information provided in the application in support
of the application are correct to the best of our knowledge.

We authorize NRBPT to make any enquiry as deemed fit as part of the reviewing
process. We understand that in case any information is found to be incorrect, it may
result in rejection of this application and/or disqualification. We authorize NRBPT to
utilize the information provided in this application for legal, research, training,
sharing with other IPC members and/or for any other purpose as may be deemed fit
by NRBPT.

If registered, we commit to notify NRBPT immediately of any changes in the status


where information regarding such changes, if declared may affect the consideration
for registration of the organization.

Signatures

Name

Designation

Date

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Annexure - V
Declara琀椀on of EIA coordinator/ Func琀椀onal Area Expert of their associa琀椀on
(to be signed within 30 days preceding the date of application for registration)

This is to confirm that I have been/am involved with the following EIA projects:
Role in EIA Development
Project details Func琀椀onal Area / EIA EIA Coordinator / Functional Area
S.No. development Project Sector
Coordinator (of Signatory) Expert (Level I, II, III)

Name
Signatures
Dated

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OCE351-ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT


10 | 3 9

NRBPT

NATIONAL REGISTRATION BOARD FOR PERSONNEL & TRAINING


(Formerly NABAT-National Accreditation Board for Auditors and Training)
Institution of Engineers Building, 2nd Floor, Bahadur Shah Zafar Marg, New Delhi - 110 002, India Tel/Fax :
+91-11-2337 0567 / 2337 9621, email: [email protected] website: www.qcin.org

PREPARED BY
KRITHIKA S/AP/BT
MONISHA B/AP/BT

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OCE351-ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT


11 | 3 9

PREPARED BY
KRITHIKA S/AP/BT
MONISHA B/AP/BT

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