WHEREAS, the Central Government in the erstwhile Ministry of Environment and Forests, in exercise

## Policy Analysis Report: Amendment to Environment Impact Assessment Notification, 2006 **1. Executive Summary:** This report analyzes an amendment to the Environment Impact Assessment (EIA) Notification, 2006, specifically focusing on projects that have not completed construction and commissioning within the original Environmental Clearance (EC) validity period. The amendment, issued on March 18, 2021, introduces a provision that allows Expert Appraisal Committees or State Level Expert Committees to exempt projects from public hearings under certain conditions. The key finding is that this amendment aims to streamline the EC renewal process for projects that have made substantial progress (at least 50% completion) by potentially waiving the public hearing requirement, thereby potentially reducing delays and costs associated with the environmental clearance process. **2. Introduction:** The purpose of this report is to provide an informative analysis of the amendment to the Environment Impact Assessment (EIA) Notification, 2006, published on March 18, 2021. This analysis is based solely on the text of the provided notification. It aims to clarify the changes introduced by the amendment and their potential impact on relevant stakeholders. **3. Policy Overview:** * **Original Policy:** This amendment modifies the Environment Impact Assessment Notification, 2006 (S.O. 1533(E), dated September 14, 2006). * **Core Objective(s) (Inferred from text):** The original EIA notification, as inferred from the provided text, seeks to ensure that new projects, their expansion, modernization, or changes in product mix, undergo environmental impact assessment and obtain prior environmental clearance before commencement. The amendment aims to provide provisions for projects that have not completed construction within the validity period of their original environmental clearance. **4. Background and Rationale:** This amendment addresses the issue of projects that have not been able to complete construction and commissioning within the validity period of their Environmental Clearance (EC) and have submitted a new application. The rationale behind this amendment appears to be to expedite the re-clearance process for projects that have already made significant progress, acknowledging that requiring a full new process including a public hearing, may be redundant and cause unnecessary delays and financial burdens when a substantial portion of the project is already completed. The amendment recognizes the challenges faced by projects in adhering to original timelines and provides a mechanism to reduce administrative burden without necessarily compromising environmental safeguards. **5. Key Provisions / Changes:** This amendment focuses specifically on projects applying for a new EC after their initial EC has expired and construction and commissioning were not completed. * **Specific Part of Original Policy Changed:** Paragraph 7, subparagraph 7i, under subheading number II, Stage 2 Scoping is amended. Specifically, a new provision is added after serial number ix. * **New Rule/Provision:** The new provision (x) states that Expert Appraisal Committees or State Level Expert Committees "may exempt the requirement of public hearing" for projects that are applying for a fresh EC due to the expiry of the original, provided that the project has been implemented to at least 50% of its physical form or construction. * **Effect of Change:** This amendment grants the Expert Appraisal Committees or State Level Expert Committees the *discretion* to waive the public hearing requirement for projects that meet the specified criteria (EC expired, re-application submitted, at least 50% completion). This *potentially* streamlines the re-clearance process, saving time and resources for both project proponents and regulatory authorities. However, the amendment does not mandate a waiver, leaving the decision to the committees based on their evaluation. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders affected by this amendment are: * Project proponents whose projects require Environmental Clearance and have not completed construction and commissioning within the initial validity period. * Expert Appraisal Committees and State Level Expert Committees responsible for assessing environmental clearance applications. * Environmental consultants and advisors assisting project proponents with the environmental clearance process. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Environment, Forest and Climate Change is the overall responsible agency. The Expert Appraisal Committees and State Level Expert Committees are responsible for deciding on whether to grant the public hearing exemption. * **Timelines or Procedures:** The text does not specify timelines or detailed procedures. The implementation will likely involve project proponents providing evidence of at least 50% completion to the relevant Expert Appraisal Committee or State Level Expert Committee during the EC application process. The committee will then evaluate this information and decide whether to grant an exemption from the public hearing requirement. * **(Amendment Specific)**: The project proponent needs to demonstrate that the project has reached at least 50% completion in its physical form or construction to be eligible for consideration for a public hearing exemption. **8. Expected Outcomes / Impact of Changes:** The intended outcome of this amendment is to expedite the environmental re-clearance process for projects that have already made significant progress towards completion but failed to complete construction within the validity period of their initial Environmental Clearance. The potential impacts of this amendment include: * Reduced time and costs associated with the environmental re-clearance process for eligible projects. * Increased efficiency for Expert Appraisal Committees and State Level Expert Committees, allowing them to focus resources on projects with potentially greater environmental impacts. * Potentially faster completion of projects that have been delayed due to the expiry of their initial Environmental Clearance. * Environmental groups may be concerned that the amendment could reduce public input into projects, particularly if the 50% completion threshold is not carefully scrutinized. **9. Conclusion:** The amendment to the Environment Impact Assessment Notification, 2006, analyzed in this report, introduces a provision that allows for the exemption of public hearings for projects reapplying for Environmental Clearance after their initial EC has expired, provided they have achieved at least 50% completion. This amendment has the potential to streamline the re-clearance process, reduce delays, and lower costs for project proponents, while still allowing Expert Appraisal Committees and State Level Expert Committees to retain the discretion to require public hearings if deemed necessary. This change is significant as it addresses a specific challenge faced by projects that experience delays and require a fresh EC application, potentially facilitating project completion while balancing environmental considerations.

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