An Overview of Environmental Clearance

Obtaining an Environmental Clearance is declared mandatory for both industries and construction-based projects, which can be already existing or new projects, as per the notification issued by the EIA in 2006, under the authorisation of the Ministry of Environment, Forest and Climate Change along with the implementation of amendments. Any existing or new project is permitted to initiate working or imply amendments to already existing projects upon issuance of the Clearance from the authorised personnel under the authorisation of MOEF and CC at the State and Central Level, whichever is deemed applicable.

In accordance with the notification issued by the EIA in 2006, there is a list of Industries issued that fall under specific categories.

The following acts mentioned below govern the issuance of the Clearance -

• The Environment (Protein) Act, 1986
• The Biological Diversity Act, 2002
• The National Environmental Tribunal Act, 1995
• National Green Tribunal Act, 2010
• The National Environmental Appellate Authority Act, 1997

Requirements of Environmental Clearance

There are specific requirements for existing and new projects for issuing a prior Clearance which is needed to be fulfilled under the concerned regulatory authority personnel based on the type of category -

• If the project falls under “Category - A” of the Schedule, the regulatory authorised personnel is the Ministry of Environment and Forest, Central Government.
• If the project falls under “Category - B” of the Schedule, the regulatory authorised personnel is the State Environment Impact Assessment Authority, which is also known as SEIAA.

Prior to any initiation of construction work, or any initiation of other activity by the Project Management, with the exception of securing the land, the following requirements need to be mandatorily informed to the authorised personnel -

• All the activities need to be listed in the Schedule in accordance with the notification issued by the EIA in 2006.
• The expansion and development of the existing projects that are listed in the Schedule in accordance with the notification through the accumulation of capacities beyond the limits that are specified.
• Any changes made to the product type from an existing producing unit included in the schedule that is beyond the specific range.

Categories of Environmental Clearance

The following categories mentioned below are the types of Environmental Clearances -

Category A

Category A type projects are mandated for prior Clearance to any initiation of developing or operating the project. Projects that fall under Category A need not go through the screening procedure. Category A Projects are directed to obtain Clearance from the Ministry of Environment, Forest and Climate Change.

Category B

Category B type projects have to mandatorily go through the screening procedure. Category B Projects are also directed to obtain their Clearance from the State Government. The Category B Projects are further classified into two sub-categories -

• Category B1
• Category B2

The only major difference between the above-mentioned sub-categories is that for Category B2, the Environmental Impact Assessment Report, which is also known as the EIA Report. But the Appraisal Committee has the authorisation to demand an EIA Study if deemed necessary.

Exceptions of Environmental Clearance

In India, there is an exception to the rule of issuance of Environmental Clearance for only industrial or construction-based Projects. In case there is any commencement of any project or activity, no matter the project type, in any of the following geographical regions mentioned below, then it is mandatory to issue the Clearance as they are considered ecological fragile regions -

• Archaeological Monuments
• Scenic Regions
• Religious and Historic Premises
• Beach Resorts
• Hill Resorts
• Coastal Regions that are highly rich in Mangroves
• Breeding Grounds of Specific Species
• Gulf Regions
• Estuaries
• Biosphere Reserves
• National Lakes and Swamps
• National Parks and Sanctuaries
• Seismic Regions
• Areas of Scientific and Geological Interests
• Tribal Settlements
• Defence Installations
• Border Regions
• Airport Premises

Procedural Stages of Environmental Clearance

There are four stages of Environmental Clearance which are stated below -

Stage 1 - Screening

• Screening is the first stage which is applicable for scrutinisation of Category B Projects that require prior Clearance to be submitted by the filing of Form - 1 under the authorisation of the State Level Expert Appraisal Committee.

Stage 2 - Scoping

• Scoping is the second stage which is the procedure of the Expert Appraisal Committee, which is also known as the EAC for Category A projects or activities for determining detailed Terms of Reference, which is also known as a TOR as a part of the EIA Report. For B1 Category Projects, the Scoping is authorised by the State Level Expert Appraisal Committee, which is also known as the SEAC.

Stage 3 - Public Consultation

• Public Consultation is the third stage which refers to the procedure of considering the demands of the local public who have a plausible stake and would be highly affected by the environmental impact caused by the project.

Stage 4 - Appraisal

• The Appraisal is the final stage which is a detailed scrutinised report formed by the Expert Appraisal Committee or the State Level Expert Appraisal Committee drafted from the documents submitted by the applicant for the issuance of the Clearance.

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