What is Environmental Clearance?
The process of obtaining government approval for certain projects that pollute the environment is known as Environmental Clearance.
The government has created a list of projects that require environmental approval, including infrastructure, thermal power plants, and mining.
Who needs to get an Environmental Clearance?
The environmental clearance process is required for 39 types of projects and it includes steps like project screening, scoping, and evaluation. The major goal is to evaluate the project’s potential impact on the environment and people and work to mitigate the impact.
The projects are divided into Category A and Category B in the EIA Notification. The State Environmental Impact Assessment Authority will approve Category B projects, while the Ministry of Environment, Forestry, and Climate Change will approve Category A projects.
In order to categorise industries according to their environmental impact, a colour-coded system was put into place. Based on the pollution potential index, the industries were categorized as red, orange, green, and white. The only sectors free from obtaining environmental clearance are those in the white category.
Laws governing Environmental Clearance in India
The Environment Impact Assessment (EIA) Notification, 2006, which replaced the EIA Notification of 1994, was published in accordance with the Environment (Protection) Act, of 1986. The law outlines a detailed process for getting prior environmental approval for the establishment or expansion of a project.
Procedure for obtaining an Environmental Clearance
The process consists of the following steps:
Step 1: Depending on the category, submit the application to either the Ministry of Environment and Forest (MoEF&CC) or SEIAA.
Step 2: The Expert Appraisal Committee (EAC)/ State Expert Appraisal Committee (SEAC) appraises the application to determine the Terms of Reference for the project.
Step 3: By NABET-approved EIA Consultants, an Environmental Impact Assessment Report is prepared in accordance with the TOR granted.
Step 4: The draft EIA is to be submitted to SPCB for a public hearing.
Step 5: The SPCB conducts a public hearing. The public’s objections raised shall be prepared in the form of MOM (Minutes of Meeting) and proceedings to be forwarded to MoEF&CC/ SEIAA.
Step 6: For the final appraisal and issuing of EC, the final EIA is to be submitted to the MoEF&CC/SEIAA together with the entire proceedings of the public hearing and the compliance of the issues raised during the public hearing.
The Expert Appraisal Committee (EAC)/ State Expert Appraisal Committee (SEAC) appraises the proposal and makes a recommendation to the MoEF&CC for approval/ clarification/ rejection. The MoEF&CC/SEIAA then notifies the project proponent in writing of the approval or rejection.
An Environmental Clearance is expected to take around ten to twelve months.
Public Hearing
One of the guiding principles of an effective EIA process is public participation. It not only gives those who will be directly impacted by a project the chance to voice their opinions about the proposal’s potential effects on the environment and society, but it also increases the system for environmental clearance’s transparency.
Summary
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