“Law Master’s Publication” ‘Environmental Impact Assessment’
Prof. Santosh D. Bhosale 94
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ENVIRONMENTAL IMPACT ASSESSMENT
QUESTION BANK
Q.1. What do you understand by the Environmental Impact Assessment?
SHORT NOTES
1. Environmental Impact Assessment.
SYNOPSIS
Table of Contents
IV] ENVIRONMENT IMPACT ASSESSMENT IN INDIA ...................................................... 96
1) Notification of 1994:-........................................................................................................... 96
3) Notification of 2006:-........................................................................................................... 97
I]
CONCEPT OF ENVIRONMENT IMPACT ASSESSMENT.
Until recently, the industrial project plans or policies were established, and then the
environmental impact was observed or felt. Incidents like the Bhopal gas leak would have
been avoided if the Government had a mechanism to assess the impact of the lethal Methyl-
Iso-Cyanide gas on human life and its hazardous nature were known beforehand. Such a
hazardous industry would not have been allowed to be established in such a thickly
populated city like Bhopal.
Therefore, nowadays, the concept of environmental impact assessment has
evolved.. This system is based on the notion that “prevention is better than cure”. The
“Law Master’s Publication” ‘Environmental Impact Assessment’
Prof. Santosh D. Bhosale 95
Environment Impact Assessment agency assesses the impact or consequence of the
proposed project, plans, or policy on the environment and human life. It seeks to avoid
potential dangers. It helps in laying down the best environmental policy to prevent the
adverse impact of any proposed project rather than suffer its consequences subsequently.
Until recently, this concept did not exist in India, but nowadays, every such project has to
obtain a no-objection certificate from the Environment Minister before establishing any
project or industry.
The Minister then assesses whether it would impact the environment and human life
and decides if the certificate is to be issued or not.
II] COMPLEX PROBLEMS.
Environment impact assessment involves the application of different types of
knowledge and expertise. It is a multi-disciplinary process., resolving disputes among
wide-ranging and conflicting interests in society. The environmental impact assessment
authority has to encounter various stages of complex problems. Assessment takes place in
different stages.
The Rio Declaration requires every nation to have an environmental impact
assessment system for proposed projects that are likely to significantly impact the
environment.
III]
CLASSIFICATION OF ENVIRONMENT IMPACT ASSESSMENT (EIA)
EIA may be classified as follows-
1)
Mandatory Model:-
In the mandatory model, the scope, nature, and limits of discretion and procedures
for environmental impact assessment are governed by specific legislation or delegated
legislation. Power coupled with duty is the most salient feature of the mandatory model of
EIA. The EIA is obliged to study the impact of a development proposal before it is
approved. The compulsion makes the agency initiating the proposal or project apply its
mind to various factors and formulate an environmentally sound project. In this way, it
compels the project proponents to prepare an environmental impact statement that
includes cumulative and indirect effects.
The environmental impact statement guarantees the right to information and a basis
for proper impact assessment. It needs to be published. Publication of environmental
assessment statements allows members of the public, experts outside governments, and
environmental groups of the land to express their views on the merits and demerits of
projects.
2)
Discretionary Model:-
In the discretionary model, the scope, nature, and limits of discretion and procedures
“Law Master’s Publication” ‘Environmental Impact Assessment’
Prof. Santosh D. Bhosale 96
for impact assessment are left to be decided by administrative discretion and political
expediency. This model does not derive strength from the law; rather, it depends on the
administration's discretionary powers. This model exhibits flexibility and maintains
harmony between developmental needs and environmental values.
The administration can consider the exigencies of a particular project, free from
pressure and tension imposed by an enacted law. In this model, public participation is not
allowed. Bias decisions bypassing important environmental protection norms may be an
outcome of this model.
IV] ENVIRONMENT IMPACT ASSESSMENT IN INDIA
1)
Notification of 1994:-
The concept of environmental impact assessment started very late in India. It is in
notification, imposed restrictions and prohibitions on the expansion and modernisation of
any activity or new projects being undertaken in any part of India unless environmental
clearance has been accorded by the Central Government or the State Government.
In other words, the notification makes it compulsory to obtain the appropriate
government permission before the expansion and modernisation of any existing industry
or project or before establishing a new industry or project. The notification further states
that environmental clearance is required from the appropriate Government if-
i)
the expansion or modernisation of any activity or
the existing project exceeds the existing pollution load
and
ii) New project listed in Schedule I. (i.e. the projects listed
in Schedule I attached with this notification).
2)
Amendment of 1997:-
The notification of 1994 was amended in 1997, whereby it laid down some
procedural changes whereby the State Pollution Control Board is given to get applications
for clearance; moreover, public opinions can also be given to the Board, and the Board has
to hear the public on the point of environmental objections.
3)
Notification of 2006:-
In 2006, another notification on Environmental Impact Assessment was issued. The
notification has given the power to both the Central and State agencies to conduct impact
studies for projects of different types. The projects are categorised as ‘A’ and ‘B’ in the
Schedule for assessment. Projects mentioned in part A require Central permission, and the
1 Notification No. S.O. 60 (E), dated 27 January, 1994
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projects listed in part B require the State Government’s approval.
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