Environmental Impact Assessment

EIA in international environmental law

Multilateral Environmental Agreements (MEAs) have seen review and

improvements in EIA legal, policy and institutional arrangements. The key
agreements are discussed below.

 a) Convention on Environmental Impact Assessment in a Trans-

boundary Context (Espoo, 1991).

This is the first multi-lateral EIA treaty. It looks at EIA in a trans-boundary context
and entered into force in 1997. The Espoo Convention sets out the obligations of
Parties to assess the environmental impact of certain activities at an early stage of
planning. It also lays down the general obligation of states to notify and consult
each other on all major projects under consideration that are likely to have a
significant adverse environmental impact across borders. Apart from stipulating
responsibility of signatory countries with regards to proposals that have
transboundary impacts, it describes the principles, provisions, procedures to be
followed and list of activities, contents of documentation and criteria of
significance that apply.

b) Rio Declaration (1992).

Principle 17 of Rio Declaration on Environment and Development calls for use of

EIA as a national decision making instrument to be used in assessing whether
proposed activities are likely to have significant adverse impact on the
environment. It also emphasized the role of competent national authority in the
decision making process. The other principle (15) of this declaration that is
relevant to EIA practice is the application of the precautionary principle.

C.) Agenda 21, which was also as a result of this convention, proposes that
governments should:

“Promote the development of appropriate methodologies for making integrated

energy, environment and economic policy decisions for sustainable development,
inter alia, through environmental impact assessment (9.12(b))
Develop, improve and apply environmental impacts assessment, to foster
sustainable industrial development (9.18)

Carry out investment analysis and feasibility studies including environmental

assessments for establishing forest based processing enterprises.

Introduce appropriate EIA procedures for proposed projects likely to have

significant impacts upon biological diversity, providing for suitable information to
be made widely available and for public participation, where appropriate, and
encourage the assessment of impacts of relevant policies and programs on
biological diversity (15.5(k)).

D) UN Convention on climate change and Biological Diversity (1992) cited EIA

as an implementing mechanism of these conventions (article 4 and 14
respectively).

E) Doha Ministerial Declaration encourages countries to share expertise and

experience with members wishing to perform environmental reviews at the
national level (November, 2001).

F) UNECE (Aarhus) Convention on Access to Information, Public Participation in

Decision Making and Access to Justice in Environmental Matters (1998) covers
the decisions at the level of projects and plans, programs and policies and by
extension, applies to EIA and SEA.

G) United Nations Conference on the Environment in Stockholm 1972.

ENVIRONMENTAL IMPACT ASSESSMENT (EIA) PROCESS

The first phase of an environmental assessment is called an Initial Environmental

Examination (IEE) and the second is Environmental Impact Studies (EIS) or
simply detailed EIA.

a) Initial Environmental Examination (lEE) IEE is carried out to determine whether

potentially adverse environmental effects are significant or whether mitigation
measures can be adopted to reduce or eliminate these adverse effects. The IEE
contains a brief statement of key environmental issues, based on readily available
information, and is used in the early (pre-feasibility) phase of project planning. The
IEE also suggests whether in-depth studies are needed. When an IEE is able to
provide a definite solution to environmental problems, an EIA is not necessary.
IEE also requires expert advice and technical input from environmental specialists
so that potential environmental problems can be clearly defined.

b) Environmental Impact Assessment (EIA)

EIA is a procedure used to examine the environmental consequences or impacts,

both beneficial and adverse, of a proposed development project and to ensure that
these effects are taken into account in project design. The EIA is therefore based
on predictions. These impacts can include all relevant aspects of the natural, social,
economic and human environment. The study therefore requires a
multidisciplinary approach and should be done very early at the feasibility stage of
a project. In other words, a project should be assessed for its environmental
feasibility. EIA should therefore be viewed as an integral part of the project
planning process. Unlike the environmental audit (EA), which is conducted on
existing projects, the EIA is applied to new projects and the expansion aspects of
existing projects.

Principle of EIA

It is important to recognise that there is a general principle of assessment that

applies to EIA, and to other assessment processes. There are several other
processes that relate closely to the review of environmental impacts that may result
from a proposed project. The following are well

1. Recognised processes

2. Social Impact Assessment

3. Risk Assessment

4. Life Cycle Analysis

5. Energy Analysis

6. Health Impact Assessment

7. Regulatory Impact Assessment

8. Species Impact Assessment

 9. Technology Assessment

10. Economic Assessment

11. Cumulative Impact Assessment

12. Strategic Environmental Assessment

13.Integrated Impact Assessment

MEANING OF EIA

United States of America was the first country to assign mandatory status to EIA
through its National Environmental Protection Act (NEPA) of 1969. A host of
industrialized countries have since implemented EIA procedures, Canada,
Australia, the Netherlands and Japan adopted EIA legislation in 1973, 1974, 1981
and 1984, respectively. In July 1985, the European Community (EC) issued a
directive making environmental assessments mandatory for certain categories of
projects.

The organization for Economic Cooperation and Development (OECD) issued

recommendations on EIA to its constituent States in 1974 and 1979 and for
development aid projects in 1986. OECD issued guidelines for good practices in
EIA in 1992 (OECD, 1992). United Nations Environment Programme (UNEP) in
1980 provided guidance on EIA of the development proposals (UNEP, 1980) and
supported research on EIA in developing countries . UNEP, in 1987, set out goals
and principles of EIA for the member countries and provided guidance on basic
procedures for EIA in 1988.

The World Conservation Strategy pinpointed the need to integrate environmental

considerations with development in 1980 ( IUCN, 1980), EIA became an integral
part of World Bank policy in 1987 which states that environmental issues must be
addressed as part of overall economic policy. In 1989, the world bank issued the
Operational Directive on Environmental Assessment, which was revised and
updated in October 1991. Asian Development Bank in 1990 published guidelines
for EIA. Importance of EIA was echoed in the Brundtland Report (WCED, 1987),
and at United Nations Earth Summit on environment and development; held at Rio
de Janeiro in 1992.
The United States' National Environmental Act (NEPA) defines EIA as a
"systematic interdisciplinary approach which will ensure the integrated use of the
natural and social sciences add the environmental design arts in planning and
decision making which may have impact on man's environment."

Environmental impact in India

EIA in India was first started in 1977-78 with evaluation of river valley projects.
This was later extended to mining, Industries, thermal power, port and harbors,
atomic power, rail and road highways, bridges airport and communications, etc.
Only in January 1994, the Ministry of Environment & Forests (MEF) issued a
Notification on EIA of Development Projects. This Notification listed 30 projects
that required environmental clearance from the Central Government. It also
included - for the first time – Public hearing as a pre-requisite for clearing large
projects. In EIA 1994 the Project proponent was required to consult the State
Pollution Control Board (SPCB) for approval of the identified site. If the site came
under any special notification such as forest land, coastal zone, ecologically
sensitive area, etc., then clearance for the site was to be obtained from Ministry of
Environment & Forests (MEF) which functions under the control of the Central
Government. The NEAA was established in 1997 after the enactment of the NEAA
Act to hear appeals as an independent body against orders granting environmental
clearance. The Authority has a chairperson, vice-chairperson and can have upto
three members.

Environmental Impact Assessment (EIA) is a process of evaluating the likely

environmental impacts of a proposed project or development, taking into account
inter-related socio-economic, cultural and human-health impacts, both beneficial
and adverse.

UNEP defines Environmental Impact Assessment (EIA) as a tool used to identify

the environmental, social and economic impacts of a project prior to decision-
making. It aims to predict environmental impacts at an early stage in project
planning and design, find ways and means to reduce adverse impacts, shape
projects to suit the local environment and present the predictions and options to
decision-makers.
Environment Impact Assessment in India is statutorily backed by the Environment
Protection Act, 1986 which contains various provisions on EIA methodology and
process.

History of EIA in India

The Indian experience with Environmental Impact Assessment began over 20

years back. It started in 1976-77 when the Planning Commission asked the
Department of Science and Technology to examine the river-valley projects from
an environmental angle. Till 1994, environmental clearance from the Central
Government was an administrative decision and lacked legislative support.

On 27 January 1994, the then Union Ministry of Environment and Forests, under
the Environmental (Protection) Act 1986, promulgated an EIA notification making
Environmental Clearance (EC) mandatory for expansion or modernisation of any
activity or for setting up new projects listed in Schedule 1 of the notification.

The Ministry of Environment, Forests and Climate Change (MoEFCC) notified

new EIA legislation in September 2006. The notification makes it mandatory for
various projects such as mining, thermal power plants, river valley, infrastructure
(road, highway, ports, harbours and airports) and industries including very small
electroplating or foundry units to get environment clearance.

However, unlike the EIA Notification of 1994, the new legislation has put the onus
of clearing projects on the state government depending on the size/capacity of the
project.

The EIA Process EIA involves the steps mentioned below. However, the EIA
process is cyclical with interaction between the various steps.

 Screening: The project plan is screened for scale of investment, location and
type of development and if the project needs statutory clearance.

 Scoping: The project’s potential impacts, zone of impacts, mitigation

possibilities and need for monitoring.

 Collection of baseline data: Baseline data is the environmental status of

study area.
  Impact prediction: Positive and negative, reversible and irreversible and
temporary and permanent impacts need to be predicted which presupposes a
good understanding of the project by the assessment agency.

 Mitigation measures and EIA report: The EIA report should include the
actions and steps for preventing, minimizing or by passing the impacts or
else the level of compensation for probable environmental damage or loss.

 Public hearing: On completion of the EIA report, public and environmental

groups living close to project site may be informed and consulted.

 Decision making: Impact Assessment Authority along with the experts

consult the project-in-charge along with consultant to take the final decision,
keeping in mind EIA and EMP (Environment Management Plan).

 Monitoring and implementation of environmental management plan: The

various phases of implementation of the project are monitored.

 Assessment of Alternatives, Delineation of Mitigation Measures and

Environmental Impact Assessment Report: For every project, possible
alternatives should be identified, and environmental attributes compared.
Alternatives should cover both project location and process technologies.
Once alternatives have been reviewed, a mitigation plan should be drawn up
for the selected option and is supplemented with an Environmental
Management Plan (EMP) to guide the proponent towards environmental
improvements.

 Risk assessment: Inventory analysis and hazard probability and index also
form part of EIA procedures.

Stakeholders in the EIA Process: Those who propose the project

The environmental consultant who prepare EIA on behalf of project proponent

Pollution Control Board (State or National) Public has the right to express their
opinion The Impact Assessment Agency Regional centre of the MoEFCC

Salient Features of 2006 Amendments to EIA Notification

Environment Impact Assessment Notification of 2006 has decentralized the
environmental clearance projects by categorizing the developmental projects in
two categories.

1. Category A (national level appraisal) : Category A projects are appraised

at national level by Impact Assessment Agency (IAA) and the Expert
Appraisal Committee (EAC) and Category B projects are apprised at
state level.

2. Category B (state level appraisal): State Level Environment Impact

Assessment Authority (SEIAA) and State Level Expert Appraisal
Committee (SEAC) are constituted to provide clearance to Category B
process.

After 2006 Amendment the EIA cycle comprises of four stages:

 Screening

 Scoping

 Public hearing

 Appraisal

Category A projects require mandatory environmental clearance and thus

they do not undergo the screening process.

Category B projects undergoes screening process and they are classified into
two types.

Category B1 projects (Mandatorily requires EIA).

Category B2 projects (Do not require EIA).

Thus, Category A projects and Category B, projects undergo the complete

EIA process whereas Category B2 projects are excluded from complete EIA
process.

Importance of EIA
 EIA links environment with development for environmentally safe
and sustainable development.

 EIA provides a cost effective method to eliminate or minimize the

adverse impact of developmental projects.

 EIA enables the decision makers to analyse the effect of

developmental activities on the environment well before the
developmental project is implemented.

 EIA encourages the adaptation of mitigation strategies in the

developmental plan.

 EIA makes sure that the developmental plan is environmentally sound

and within the limits of the capacity of assimilation and regeneration
of the ecosystem.