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Seeking ti replace the 2006-version of the law, the Union Ministry of Environment, Forest and Climate Change unveiled the draft to the public in March 2020, a day before the COVID-19 lockdown was put in the place. The new draft has drawn criticism from environmentalists and experts across the country. They allege that many provisions in it are ‘anti-environment’ and ‘pro-industries’ and is diluting the very purpose of the EIA. While the government has denied their claims, it has assured to take into consideration the feedback submitted by the public to the Ministry on August 11. Here, we list four of the main contentions identified in the new draft.

Post-facto clearance

The EIA new draft 2020 allows post-facto clearance, which means that even if a project has come up without environment clearances, it could carry out operation and the developers can choose to obtain a clearance after the project is initiated. For instance, national highways expansion are exempted from obtaining prior environmental clearance. Critics say even if the environmental clearance for such project is rejected ultimately, the damage done to the environment would be irreplaceable.

Further, those units that have been already operating illegally without environmental clearance can now get clearance and become legal units by simply submitting a remedial plan and paying the prescribed penalty, though hefty.

Expemtion from EC

The draft has exempted almost 40 types of projects such as clay and sand extraction or digging wells or foundations of building, solar thermal power plants and common effluent treatment plants from prior EC.

Further, a mining project can now get environmental clearance for a period of up to 50 years in the beginning itself, which, in the 2006 version up to 30 years only.

The public consultation process will be weakened

The draft said public consultation is exempted for many projects, including modernisation of irrigation; building, construction and area development projects; inland waterways; expansion or widening of national highways and all projects concerning national defence and security or involving “other strategic considerations” as determined by the central government.

The new draft also suggests reducing the number of days within which the members of the public can submit their concerns. From 30 days, it has now been reduced to 20 days.

Reporting of violations

According to the new draft, the violations of environmental laws by any project can be reported by a government authority or the developer of the project themselves.

This means that the members of the general public (who are usually the affected) or environmental activists cannot flag a project for violating the norms.

 

Picture Credit : Google

Setting up of an industry (or any other development project) usually involves clearing of land by felling of trees and displacement of human settlement. Most industries emit some kind of pollutant. It could be smoke or (toxic) chemicals let out into the atmosphere or water bodies. Many projects also create noise and soil pollution. Habitat destruction and threat to the local ecosystem are some of the other impacts of development projects on the environment.

It is essential to strike a balance between economic development and environment. Countries around the world have their own set of laws to regulate development projects and to minimise their impact on the environment. India’s Environment Impact Assessment is one such regulation measure.

After the Bhopal gas tragedy, India enacted the Environment (Protection) Act in 1986. Under this Act, India notified its first Environment Impact Assessment norms in 1994, setting in place a legal framework for regulating activities that utilize and affect natural resources. By these norms, every development project should obtain prior environmental clearance before being set up. The EIA 1994 was later replaced by a modified draft in 2006.

EIA covers projects such as mining of coal or other minerals, infrastructure development, thermal, nuclear and hydropower projects, real estate and other industrial projects. The projects are assessed based on their potential impact on the environment. Based on the assessments, they are granted or denied environment clearance by a panel of experts. Through a process called public consultation, people’s views are taken into consideration before approving any project or activity.

 

Picture Credit : Google