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How does the draft Environment Impact Assessment (EIA) Notification, 2020 differ from the existing EIA Notification, 2006? (UPSC MAINS GS3 )

An Environment Impact Assessment is basically done to make a scientific estimate of the likely impacts of a project, such as a mine, irrigation dam, industrial unit or waste treatment plant. To evaluate the impact of various developmental activities the EIA, 2006 was notified, which sets a form of guidelines to do the assessment. The government has recently come up with the draft EIA, 2020 to replace the previous method. The draft EIA has seen criticism over its multiple clauses. Apprehensions are surrounding that this will seriously affect the environment in favour of industry that violate the norms by starting work without valid clearance, expands the list of projects exempted from the public consultation, and would fail to ensure a robust post-environment clearance monitoring system.
The comparison between the purposed draft and the previous notification can be done based on the following parameters:

  •  Exemption from the Public Consultation: Some of the major sensitive projects such as Offshore and onshore oil, gas and shale exploration, hydroelectric projects up to 25 MW etc. have been exempted from the draft EIA 2020. Earlier, in EIA 2006, they were the part of the screening through Expert Appraisal Committees. The exemption to a list of sensitive projects could impact the environment in a substantial manner.
  • Post-facto environment clearance: The new provision for post facto environment has been made a part of the draft EIA 2020. The post-facto clearance would further damage the environment which could not be rectified in a post-facto manner. 
  • Reduction in the time for public hearing: The notice period for public hearing has been cut from 30 days to 20 days. The reduction of time duration will make the draft EIA report difficult to study critically and constructively.
  • Project Modernisation: Projects those involve more than 25% increase will require an environment assessment, and over 50% will attract public consultation. Earlier, in EIA 2006, there were no such limits. For example, this could be harmful for those projects which are already present in the eco-sensitive regions. 
  • Single report for compliance: In EIA 2006, the two annual compliance reports had to be presented which has been replaced with one in draft 2020. Non- compliance has already been a big issue and the recent change would make the compliance procedure worst.
  • Reporting violation: The proposed EIA 2020 draft, excludes the reporting of violation by the public and the government will take cognizance of reports only from the violator-promoter, government authority, Appraisal Committee or Regulatory Authority. This can further enhance the chances of corruption which is already a rampant.

Conclusion 
By comparing the draft 2020 and EIA 2006, we may say that multiple clauses such as post- facto clearance removal for a categories of projects such as those in the eco-sensitive and hot-spots, enhanced time for public consultation, reducing the exemption list for some of the most sensitive subjects such as hydroelectric projects, vigilance of compliance report and cognizance of violation by general public can be some of the measures to enhance the impact of the draft EIA 2020.

The document GS3 PYQ (Mains Answer Writing): Environment Impact Assessment | Environment for UPSC CSE is a part of the UPSC Course Environment for UPSC CSE.
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FAQs on GS3 PYQ (Mains Answer Writing): Environment Impact Assessment - Environment for UPSC CSE

1. What is Environment Impact Assessment (EIA)?
Ans. Environment Impact Assessment (EIA) is a process that evaluates the potential environmental consequences of a proposed development project. It helps in identifying, predicting, and evaluating the environmental impacts of various activities such as industries, infrastructure projects, mining operations, etc. The purpose of EIA is to ensure sustainable development by considering the environmental factors and their potential impacts before granting approval for any project.
2. What are the key components of Environment Impact Assessment?
Ans. The key components of Environment Impact Assessment (EIA) include: 1. Screening: It is the initial step where the proposed project is assessed to determine whether it requires a detailed EIA or not. 2. Scoping: It involves identifying the potential environmental impacts that need to be considered during the assessment process. 3. Impact Assessment: This step evaluates the potential environmental impacts of the proposed project, considering factors such as air quality, water resources, biodiversity, etc. 4. Mitigation Measures: Based on the impact assessment, measures are identified to minimize or mitigate the adverse effects of the project on the environment. 5. Environmental Management Plan: It outlines the strategies and actions to be implemented during the project's lifecycle to ensure compliance with environmental regulations and minimize negative impacts. 6. Public Consultation: EIA involves seeking public opinions and feedback on the proposed project, allowing stakeholders to participate in the decision-making process. 7. Monitoring and Compliance: Once the project is approved, monitoring is carried out to ensure that the project adheres to the recommended mitigation measures and environmental standards.
3. What is the importance of Environment Impact Assessment in sustainable development?
Ans. Environment Impact Assessment (EIA) plays a crucial role in promoting sustainable development by considering the environmental impacts of development projects. Some key reasons highlighting its importance are: 1. Early Identification of Impacts: EIA helps in identifying potential environmental impacts at the planning stage itself, allowing for necessary modifications or alternative approaches to minimize or avoid adverse effects. 2. Decision-making Tool: EIA provides scientific information and analysis to support decision-making, ensuring that environmental considerations are integrated into the project planning process. 3. Stakeholder Engagement: EIA involves public consultation, allowing stakeholders to voice their concerns, suggestions, and opinions. This enhances transparency, accountability, and public participation in decision-making. 4. Sustainable Resource Management: EIA helps in assessing the impacts on natural resources, such as water, air, land, and biodiversity. It promotes sustainable resource management by identifying measures to minimize resource depletion and degradation. 5. Legal and Regulatory Compliance: EIA ensures compliance with environmental laws, regulations, and policies. It helps in preventing unauthorized or environmentally harmful projects from being approved and implemented.
4. How is the Environment Impact Assessment process carried out in India?
Ans. In India, the Environment Impact Assessment (EIA) process is carried out as per the provisions of the Environment Impact Assessment Notification, 2006. The process involves the following steps: 1. Screening: The project proponent submits a project proposal to the regulatory authority, which determines whether the project falls under the list of activities requiring mandatory EIA or not. If it does, a detailed EIA study is conducted. 2. Scoping: A scoping process is undertaken to identify the key environmental impacts and issues that need to be considered during the assessment. The scope of the study is defined, and terms of reference for the EIA report are prepared. 3. Impact Assessment: The project's potential environmental impacts are assessed, including air quality, water resources, land use, biodiversity, and socio-economic aspects. The assessment is conducted by a team of experts who analyze the data and prepare an EIA report. 4. Public Consultation: The EIA report is made available for public review and comments. Public hearings are conducted to obtain feedback from the affected communities and other stakeholders. 5. Appraisal and Decision-making: The regulatory authority reviews the EIA report, public comments, and expert opinions before making a decision on granting environmental clearance to the project. Mitigation measures may be recommended as conditions for approval. 6. Monitoring and Compliance: Once the project is approved, monitoring is carried out to ensure compliance with the recommended mitigation measures and environmental conditions.
5. What are the potential benefits and challenges of Environment Impact Assessment?
Ans. Potential benefits of Environment Impact Assessment (EIA) include: 1. Sustainable Development: EIA helps in integrating environmental considerations into development projects, ensuring sustainable development and minimizing negative impacts on the environment. 2. Public Participation: EIA involves public consultation, allowing affected communities and stakeholders to voice their concerns and opinions. This promotes transparency, accountability, and inclusive decision-making. 3. Resource Management: EIA assesses the impacts on natural resources and helps in identifying measures for their sustainable management, reducing resource depletion and degradation. 4. Legal Compliance: EIA ensures compliance with environmental laws and regulations, preventing unauthorized or environmentally harmful projects. Challenges of EIA include: 1. Limited Scope: EIA may not comprehensively address all potential environmental impacts, especially long-term and cumulative effects. 2. Lack of Data: Availability of accurate and reliable data for impact assessment can be a challenge, particularly in developing countries. 3. Time and Cost: The EIA process can be time-consuming and expensive, leading to delays and increased project costs. 4. Inadequate Implementation: Despite environmental clearance, the effective implementation of mitigation measures and monitoring may be lacking, leading to inadequate environmental protection.
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