Question #
How does the draft Environment Impact Assessment (EIA) Notification, 2020 differ from the existing EIA Notification, 2006?
Answer by Chad #
The draft Environment Impact Assessment (EIA) Notification, 2020 differs from the existing EIA Notification, 2006 in several ways. Here are some key differences:
1. Post-Facto Clearance: The 2020 draft notification allows for post-facto clearance, which means that projects that have commenced without obtaining prior environmental clearance can seek clearance after the project has already started. This provision has drawn significant criticism as it can lead to projects with adverse environmental impacts being regularized without adequate scrutiny.
2. Project Categories: The draft notification re-categorizes several projects, leading to changes in the level of scrutiny they undergo. For example, the 2020 draft notification reduces the threshold for mining of minerals such as bauxite and copper, thereby exempting smaller mines from the requirement of obtaining environmental clearance.
3. Public Consultation: The 2020 draft notification reduces the timeline for public consultation from 30 days to 20 days, limiting the opportunity for affected communities and stakeholders to provide their input and raise concerns. It also allows for online public consultation, which has its own limitations in terms of outreach and inclusivity.
4. Timeframes and Validity of Clearances: The 2020 draft notification introduces certain provisions to streamline the clearance process and reduce delays. It sets timeframes for different stages of the clearance process, mandates single-window clearance systems, and extends the validity of environmental clearances for mining projects.
5. Exemptions: The new draft notification provides certain projects and industries with exemptions from the requirement of obtaining environmental clearance. For instance, it exempts solar thermal power projects from public consultation and reduces the scope of appraisal for certain types of infrastructure projects.
These are just a few key differences, and there are other changes as well in terms of the scope of environmental impact assessment, public disclosure of environmental information, and the role of expert committees. It is important to note that the draft notification has faced criticism for diluting certain provisions of the existing notification and potentially undermining environmental safeguards.