Environmental Clearance - The Process in Assam

Environmental consultant in guwahati.

The environmental clearance process is required for 39 types of projects and covers aspects like screening, scoping and evaluation of the upcoming project. The main purpose is to assess impact of the planned project   on the environment and people and to try to abate/minimise the same.

The process consists of following steps:

Environmental clearance refers to getting government approval for the installation and modification (amendment) of specified projects. The government has produced a comprehensive list of projects, such as mining, thermal power plants, and infrastructure, all requiring environmental approval. The clearance process is necessary for 39 projects today, including screening, scoping and evaluating the upcoming project. The EIA Notice categorises projects into two categories, Category A and Category B (further subdivided into B1 and B2). The MoEF&CC approves Category A projects, whilst the State Environmental Impact Assessment Authority approves Category B projects.

If the proposed activity/project falls under the purview of environmental clearance. If it is mentioned in schedule of the notification, the proponent conducts an EIA study either directly or through a consultant. If the project falls in B category, the projects goes to state government for clearance which further categories into B1 and B2 projects does not require preparation of EIA reports.

The public hearing is a mandatory step in the process of environmental clearance for certain development projects. This provides a legal space for people of an area to come face-to-face with the project proponent and the government and express their concerns.

The process of public hearing is conducted prior to the issue of NOC from SPCB.  The District Collector is the chairperson of the public hearing committee.  Other members of the committee includes the official from the district development  body, SPCB, Department of Environment  and Forest, Taluka and Gram Panchayat representative, and senior citizen of the distict, etc. The hearing committee hears the objections/suggestions from the public and after inserting certain clauses it  is passed on to the next stage of approval (Ministry of Forest Environment).

The project proponent submits an application for environmental clearance with the MoEF if it falls under projects A category or the stage government if it falls under project B category.  The application form is submitted with EIA report, EMP, details of public hearing and NOC granted by the stage regulators.

Environmental appraisal: The documents submitted by an investor are first scrutinised by a multi-disciplinary staff functioning in the Ministry of Environment and Forests who may also undertake site-visits wherever required, interact with the investors and hold consultations with experts on specific issues as and when necessary. After this preliminary scrutiny, the proposals are placed before specially constituted committees of experts whose composition is specified in th EIA Notification. Such committees, known as Environmental Appraisal Committees have been constituted for  each sector such as River Valley, Industries, Mining etc. And these committees meet regularly to appraise the proposals received in the Ministry.

Documents required for Environmental Clearance: The documents required for obtaining EC may vary depending on the project’s nature, scope and scale. However, some of the commonly required documents include the following:

1. Project proposal or feasibility report.
2. Environmental Impact Assessment (EIA) report.
3. Land documents & site plan.
4. Consent from local Authorities.
5. Details of the project proponent.
6. Public hearing report.
7. Environmental Management plan (EMP).

FREQUENTLY ASKED QUESTIONS ABOUT ENVIRONMENTAL LAWS

1. What are important Environmental Laws?

Ans: The Water (Prevention and Control of Pollution) Act, 1974 The Air (Prevention and Control of Pollution) Act, 1981 The Water (prevention and Control of Pollution) Cess Act, 1977 The Environment (Protection) Act, 1986 and Rules there under The Public Liability Insurance Act, 1981

2. What are the three important environmental laws?

Ans: The three important environmental laws are The Forest Conservation Act, 1980, The Environment (Protection) Act 1986, The Wildlife Protection Act, 1972.

3. What are the environmental issues in Assam?

Ans: The state of Assam experiences perennial floods, river bank erosion, landslide and other environmental catastrophes.

4. The Pollution Control Board, Assam has been empowered with the provisions of the following Acts & Rules:

WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974.

• Rules framed under the Water (Prevention & Control of Pollution) Act, 1974 (Assam Rules-1977).
• The Water (Prevention & Control of Pollution) Amendment Act, 1978.
• The Water (Prevention & Control of Pollution) Amendment Act, 1988.

THE WATER (PREVENTION & CONTROL OF POLLUTION) CESS ACT, 1977.

• Rules framed under the Water (Prevention & Control of Pollution) Act, 1974 (Assam Rules-1977).

THE AIR (PREVENTION & CONTROL OF POLLUTION) ACT, 1981.

• The Air (Prevention & Control of Pollution) Assam Rule, 1991, framed under Air (Prevention & Control of Pollution) Act, 1981.
• The Air (Prevention & Control of Pollution) Amendment Act, 1987.

THE ENVIRONMENT (PROTECTION) ACT, 1986.

• The Environment Protection Rules, 1986 (2000).
• The Hazardous and other Wastes (Management and Trans boundary Movement) Rules,2016
• The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 and its Amendments.
• The Manufacture, Use, Import, Export and Storage of Hazardous Micro-organism Genetically Engineered Organisms or Cells Rules, 1989.
• The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1986.
• The Bio Medical Waste Management Rules, 2016
• The Solid Waste Management Rules, 2016.
• The Plastic waste Management Rules, 2016.
• The Noise Pollution (Regulation & Control) Rules, 2000,
• Batteries (Management and Handling) Rules, 2001.
• Ozone Depleting Substances (Regulation) Rules, 2000.
• Environment Impact Assessment Notification 2006

THE PUBLIC LIABILITY INSURANCE ACT, 1991.

• The Public Liability Insurance Rules, 1991.
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5. What is the main environmental problem of Assam?

Ans: This can include clearing the land for agriculture or grazing, or using the timber for fuel, construction or manufacturing. The felling of the tree for firewood has been contributing to the deforestation in Assam and also has contributed towards worsening air pollution in the state.

6. What are 3 environmental issues?

Ans:  global warming and climate change; water pollution and ocean acidification; and loss of biodiversity.

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