Q.How doesthe draft EnvironmentImpact Assessment(EIA)Notification, 2020 differfrom the existing EIA Notification, 2006?

Body

graph TD
    LC["Legal Compliance"] --> EIA["Benefits of Environmental Impact Assessment"]
    EP["Environmental Protection"] --> EIA
    IDM["Informed Decision-Making"] --> EIA
    PP["Public Participation"] --> EIA
    MPR["Minimizes Project Risks"] --> EIA
    SRU["Sustainable Resource Use"] --> EIA

Significance of EIA

• Sustainable Development: It ensures that developmental activities (like mining, dams, and industries) are scientifically evaluated to minimize ecological damage.
• Public Participation: It provides a democratic platform through public hearings, allowing local communities and stakeholders to voice concerns and raise objections against proposed projects.

Key Differences: Draft EIA 2020 vs. EIA 2006

1. Exemption of Projects from Public Consultation

• EIA 2006: Most large-scale developmental projects required mandatory public consultation.
• Draft EIA 2020: It introduces a wide list of projects under 'Category B2' that are completely exempted from public consultation. This includes inland waterways, offshore and onshore oil and gas exploration, hydroelectric projects up to 25 MW, and small-to-medium mineral beneficiation units. Additionally, coal/non-coal mineral prospecting and solar photovoltaic projects do not require prior environmental clearance.

2. Reduction in Public Consultation Window

• EIA 2006: Provided a mandatory 30-day notice period for the public to submit responses and study the draft EIA report.
• Draft EIA 2020: Reduces this notice period to 20 days. This makes it extremely difficult for marginalized or remote coastal/tribal communities to access, comprehend, and respond to complex technical reports.

3. Post-Facto Environmental Clearance

• EIA 2006: Strictly prohibited projects from operating without prior environmental clearance.
• Draft EIA 2020: Introduces a controversial provision for post-facto clearance. This means projects that have started construction or are operating in violation of environmental laws can secure clearance retrospectively by paying a fine.

4. Relaxation of Expansion and Modernization Norms

• EIA 2006: Required fresh EIA and public hearings for most project expansions.
• Draft EIA 2020: Only expansions involving more than a 25% increase in capacity require an EIA, and only those exceeding 50% require public consultation.

5. Diluted Compliance Reporting

• EIA 2006: Project proponents had to submit compliance reports every six months.
• Draft EIA 2020: Relaxes this requirement to once a year, reducing regulatory oversight.

Key Apprehensions and Global Comparisons

• Erosion of Environmental Safeguards: Critics argue that the draft notification prioritizes 'Ease of Doing Business' at the cost of ecological integrity. Retrospective clearances could legitimize severe environmental violations, as seen during the LG Polymers gas leak (Visakhapatnam, 2020), where the unit lacked valid clearance.
• Comparison with Global Norms:
  • The European Union (EU) directives on EIA integrate climate change and biodiversity concerns directly into project assessments.
  • EU processes align with the Aarhus Convention (1998), which links environmental rights with human rights, emphasizes public participation, and demands government accountability in a democratic framework.