0.1624
900 319 0030
x

Clause 22 of EIA Draft

iasparliament Logo
August 08, 2020

Why in news?

The Clause 22 of the Environmental Impact Assessment (EIA) 2020 draft notification is one of its central issues.

What is EIA?

  • EIA is the process or study which predicts the effect of a proposed industrial/infrastructural project on the environment.
  • It prevents the proposed activity/project from being approved without proper oversight or taking adverse consequences into account
  • EIA regulation is one of the few tools that we have to ensure that we are the true trustees of our natural environment.

What is the Clause 22?

  • The Ministry of Environment, Forests, and Climate Change released this 2020 draft notification.
  • Clause 22 of the draft sets out a process for post-hoc legalisation of projects that start construction and/or operation prior to receiving an environmental clearance.

What are the EIA regulatory violations?

  • History - The EIA regulation was first introduced in 1994 through a notification under the Environmental Protection Act, 1986.
  • It was significantly amended in 2006, superseding the 1994 notification.
  • The draft EIA 2020 notification is an attempt to remake many provisions of the 2006 notification.
  • Violation - Dealing with projects that fail to obtain prior clearance has been a difficult issue for the regulator.
  • This because the project proponents could cite sunk investments if the penalty for violation involves shutting down the project.
  • On the other hand, post-hoc legalisation of such violations could lead to perverse incentives for the industry.
  • This proposal would render the entire regulation redundant.

What is the proposed legalisation process?

  • The draft has laid out a process that violators should follow in order to continue their operations legally.
  • The Appraisal Committee would assess whether the project can be run sustainably under compliance of environmental norms with adequate environmental safeguards.
  • If the answer is no, it can recommend closure of the project.
  • If the answer is yes, it will require the project proponent to assess the ecological damage and prepare a remediation plan.
  • It will want the project proponent to prepare a ‘natural and community resource augmentation plan’, along with an EIA report.
  • The project proponent is needed to submit a bank guarantee, equivalent to the cost of the remediation plan, prior to receiving an environmental clearance.
  • In addition, there are monetary penalties specified for each day the violation occurs.

What is the concern?

  • According to Clause 22, only the violators themselves or a regulatory or governmental authority can bring the violation to notice.
  • It is not clear from the notification if any other stakeholders, like interested individuals, have a legal basis to report violations.

What could be done?

  • The Ministry could constitute an official Committee.
  • This Committee could conduct meetings with various stakeholder groups like individuals, civil society organisations, etc.
  • It could made recommendations to the Ministry on the appropriateness of various amendments.
  • Based on these recommendations, the Ministry could finalise the new notification.
  • Such participatory processes would generate greater legitimacy for the regulations, potentially reducing conflict during implementation.

 

Source: Business Line

Login or Register to Post Comments
There are no reviews yet. Be the first one to review.

ARCHIVES

MONTH/YEARWISE ARCHIVES

Free UPSC Interview Guidance Programme