Model Answer

Introduction

The draft Environment Impact Assessment (EIA) Notification, 2020, introduced by the Ministry of Environment, Forest, and Climate Change (MoEFCC), proposes significant modifications to the existing EIA Notification of 2006. Understanding these differences is vital for assessing their implications on environmental governance and public engagement.

Key Differences

Post-Facto Approval

• Existing Notification (2006): Requires prior environmental clearances before project commencement.
• Draft Notification (2020): Introduces post-facto approval, allowing projects to regularize even if construction has begun without prior clearance. This change raises concerns about accountability and environmental integrity.

Public Consultation Process

• Existing Notification (2006): Mandates a 30-day public consultation period for feedback during hearings.
• Draft Notification (2020): Reduces this period to 20 days, potentially limiting meaningful public participation and adequate preparation by stakeholders.

Compliance Report Submission

• Existing Notification (2006): Requires project proponents to submit compliance reports biannually to demonstrate adherence to terms.
• Draft Notification (2020): Changes this to an annual submission, which may diminish oversight and monitoring of projects.

Categorization and Transparency

• Existing Notification (2006): Lacks explicit categorization of projects as “strategic” and does not restrict public access to information.
• Draft Notification (2020): Empowers the central government to categorize projects as “strategic,” with no public disclosure of related information. This reduces transparency and public scrutiny.

Exemptions and Scrutiny

• Existing Notification (2006): Requires detailed scrutiny for construction projects exceeding 20,000 square meters.
• Draft Notification (2020): Raises this threshold to 150,000 square meters, exempting more projects from detailed scrutiny and EIA studies, thereby limiting public consultation.

Conclusion

The draft EIA Notification, 2020, diverges from its predecessor by permitting post-facto approvals, shortening public consultation, altering compliance report frequency, and granting discretionary powers for project categorization. These changes pose risks to environmental safeguards and public engagement, highlighting the need for sustainable and transparent environmental governance.