Environmental Clearance Process in India

Environmental sustainability is now a key focus of development in India. The Governments of India have laid down a strong process for Environmental Clearances, to regulate various activities that are known to be harmful for the environment. This process checks all proposed developmental projects very critically against the magnitude of their environmental impact before granting any approvals. Therefore, let us know about the environmental clearance process in India.

What is Environmanetal Clearance?

• Environmental Clearance is a procedure of official approval as required by the rule of environmental laws for ensuring that no adverse effects are caused by the proposed activity or project. It is most usually needed in connection with activities such as those related to infrastructure, mining, manufacture, or energy generation.
• The important goals of environmental clearance are assessing possible effects of the project with the help of Environmental Impact Assessment (EIA) and ensuring compliance with standards and regulations aimed at environmental protection.

Who is the Environmanetal Clearance Regulatory Authority?

• Depending on the project, either the State EÍA authorities or the national government's Ministry of Environment, Forests, and Climate Change grant the environmental clearance. 
• The projects are divided into many categories to make it easier. The assessment committee is a crucial component of the environmental clearance process, in addition to the EIA authorities. 
• The appraisal committee's job is to evaluate the project's Environmental Impact Assessment report and provide the state's EIA Authority with suggestions. 
• Decisions on the issuing of environmental clearance certificates are made using the Appraisal Committee's advice.

What is the Eligibility Requirements for Environmental Clearance?

Regardless of the project type, industrial projects from the designated ecologically sensitive areas must have environmental clearance.

• Historical and religious sites
• Beautiful places
• Monuments from archaeology
• Resorts by the sea
• Resorts on hills
• Coastal regions that are abundant in mangroves, corals, and certain species' nesting grounds
• Estuaries
• Reserves of the biosphere
• Gulf regions
• Sanctuaries and national parks
• Zones of seismic activity
• National marshes and lakes
• Tribal communities
• Interest areas in geology and science
• Defense installations, particularly those that are sensitive to pollution and have security importance
• Airports
• International border zones

What are the Documents Required for Environmental Clearance Process in India?

At a meeting in New Delhi, the State Environmental Impact Assessment Authority (SEIAA) prepared a list of documents that must be presented in support of the application for environmental assessment. Depending on the state, some of these documents may be not applicable for certain projects. The documents should accompany the application for Environmental Clearance, as follows:

• Letter of Coverage
• If relevant, the ToR or prior EC and certified compliance
• Form 1, Form 1A, or additional necessary forms
• Documents proving land ownership
• Approved Land Use Documents
• Plan for Environment Management
• Report on Pre-Feasibility and Conceptual Plan
• EIA Report in addition to TOR compliance (where applicable)
• Risk Assessment
• A Concise Project Overview
• KML-only GPS file
• Information on the project's location in relation to other significant features
• Environment Consultant Details
• Project Proponent's Details with Undertaking
• Layout and Building Plan with Tree Mapping (with Approval) and Site Plan
• A layout plan is used to support the traffic management plan.
• A copy of the wildlife clearance application that was submitted
• A copy of the prior EC letter (if it has been revised, expanded, modified, or amended)
• Details of Ground Water
• Approvals from Local Bodies

What is the Environmental Clearance Process in India?

Step 1: Locating and Choosing a Site:

• After following the current rules, the project proponent determines the exact placement of the site. The proponent must search for a different location for the project if the current one does not guarantee compliance with the site guidelines.

Step 2: Assessment of the Category:

• The project sponsor then determines whether or not the proposed project is covered by environmental clearance. The proponent conducts an EIA study directly or through a third party if it is covered by the notification schedule. The project must be approved by the state government for clearance if it is classified as category B. The state government divides these kinds of projects into B1 and B2 projects for this reason. For the B2 project, the EIA report does not need to be prepared.

Step 3: The SPCB Submits the EIA Report and Assessment:

• The investor provides the EIA report to the State-based Forest Department and the appropriate State Pollution Control Board once it has been prepared (if the location is present nearby/within the forestland). The quality of pollutants or effluent that are likely to be produced by the project is examined and evaluated by the SPCB. The effectiveness of the suggested control methods to uphold the mentioned rules is also assessed by the authority. The SPCB will give its approval in the form of a No-objection certificate if it finds no flaw in this situation.

Step 4: Hearing in Public:

• A crucial first stage in obtaining environmental clearance is the public hearing. This makes it easier for local residents to legally voice their concerns to the government about the project's legitimacy or feasibility.
• A public hearing is held. The District Collector served as the chair of such a committee. The SPCB official, the district development body, the Department of Environment and Forest, the Gram Panchayat representative, the senior citizen of the district, and others are important members of the committee. The public's comments and concerns are assessed by the hearing committee. Following the addition of specific clauses, it moves on to the Ministry of Forest and Environment's next approval stage.

Step 5: Submitting an Application to MoEF:

• If the project is designated as Project A, the proponent sends the submitted application for environmental clearance to the Ministry of Forest and Environment; if it is designated as Project B, the state government receives the application. Standard documents including the EMP, NOC, EIA report, and information on the public hearing are included with the application form. 

Step 6: Evaluation of the Environment:

• A multidisciplinary team from the Ministry of Environment and Forests initially reviews the provided materials. If necessary, the employees may also speak with experts on certain matters, contact investors, and perform on-site inspections.
• The suggestions are then sent to professional committees that have been specifically established, which is specified in the EIA Notification.
• These panels are known as Environmental Appraisal panels, and they have been established for every industry, including mining, industries, and river valleys. Additionally, these committees hold regular meetings to assess the ideas that are submitted to the Ministry. The committee may also set up public hearings to seek public input on developmental decisions for specific projects that have garnered a lot of public interest.
• Newspapers will be used to announce these public hearings 30 days in advance.The Appraisal Committees provide recommendations for the approval or rejection of certain projects based on the exercise.
• The Ministry of Environment and Forests subsequently evaluates the Committees' recommendations.

Step 7: The Clearance or Rejection Letter is Issued:

• Projects that seek mandatory environmental clearance and consent under the Forest (Conservation) Act, 1980 must submit their plans to the appropriate Ministry divisions at the same time.
• Even though several letters could be sent, the clearance/rejection process is carried out simultaneously. The case is only considered for environmental clearance if the project does not entail the diversion of forest land.
• After public hearings have been successfully held and all required documentation and data from the relevant authorities have been obtained, the project's environmental assessment and evaluation are finished within 90 days. After that, the Ministry will communicate its decision within 30 days.
• The granted clearance will be good for five years after the project starts to operate.

Conclusion

Environmental Clearance Process in India forms an important pillar to start development projects without disturbing the environment. While the procedures have changed a lot during the course of time, the task remains to achieve balance between development and conservation. Improving institutional structures, facilitating public participation and stringent compliance to clearance conditions are important steps to improve the environmental clearance process.