The EIA Notification of 1994 was the foundational legislation in India that made Environmental Clearance (EC) legally mandatory for setting up new projects or modernizing/expanding existing ones. Issued by the Ministry of Environment and Forests under the Environment (Protection) Act, 1986, it required designated projects to undergo thorough environmental assessments.
Key Features
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- Mandatory Clearance: Projects listed under Schedule I of the notification—such as mining, thermal power plants, river valleys, and ports—were required to submit a detailed Environmental Impact Assessment report to the Impact Assessment Agency (IAA).
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- No Premature Construction: Project developers were legally prohibited from initiating any preliminary or actual construction work until environmental and site clearances were officially granted.
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- Clearance Limits: Clearances granted under this notification were generally valid for five years for the commencement of construction or operations.
The Environmental Impact Assessment (EIA) Notification of 2006 is an Indian legislation under the Environment (Protection) Act, 1986. It mandates that new developmental projects or major expansions undergo prior environmental clearance to assess and mitigate their ecological impacts before proceeding.
To achieve this, the 2006 notification established a decentralized process, shifting significant project clearance authority to state-level bodies.
Categorization of Projects
To determine the level of evaluation required, projects are split into two groups based on their potential size and impact:
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- Category A: Projects with widespread potential impacts that require appraisal at the national level by the Impact Assessment Agency (IAA) and Expert Appraisal Committee (EAC).
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- Category B: Projects that require appraisal at the state level by the State Level Environment Impact Assessment Authority (SEIAA) and State Expert Appraisal Committee (SEAC).
Category B is further subdivided into:
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- B1 Projects: Mandated to undergo a full EIA process.
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- B2 Projects: Excluded from the full EIA and public hearing process.
The 4-Stage EIA Cycle
For projects requiring clearance, the assessment process generally follows four distinct stages:
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- Screening: Evaluates if a full EIA study is required (only applicable to Category B projects).
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- Scoping: The expert committee outlines the Terms of Reference (ToR) that the developer must address in their comprehensive EIA report.
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- Public Consultation/Hearing: A platform for affected local communities and stakeholders to voice concerns and provide feedback on the project.
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- Appraisal: The expert committees meticulously scrutinize the EIA report and public feedback to finalize recommendations for granting or rejecting the Environmental Clearance.