THE ENVIRONMENTAL IMPACT

ASSESSMENT NOTIFICATION, 1994

Government of India

Ministry of Environment & Forest

New Delhi

NOTIFICATION

ON

Environmental Impact Assessment of Development Projects

New Delhi, the 27th January, 1994

1. S.O.60(E) Whereas a notification under clause (a) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 inviting objections from the public within sixty days from the date of publication of the said notification, against the intention of the Central Government to impose restrictions and prohibitions on the expansion and modernisation of any activity or new projects being undertaken in any part of India unless environmental clearance has been accorded by the Central Government or the State Government in accordance with the procedure specified in that notification was published as S.O.No. 80(E) dated 28th January, 1993;

And whereas all objections received have been duly considered;

Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby directs that on and from the date of publication of this notification in the Official Gazette expansion or modernisation of any activity (if pollution load is to exceed the existing one) or a new project listed in Schedule I of this notification shall not be undertaken in any part of India unless it has been accorded environmental clearance by the Central Government in accordance with the procedure hereinafter specified in this notification.

2. Requirements and procedure for seeking environmental clearance of projects :

I.(a) Any person who desires to undertake any new project or the expansion or modernisation of any existing industry or project listed in Schedule I shall submit an application to the Secretary, Ministry of Environment and Forests, New Delhi.

The application shall be made in the proforma specified in Schedule II of this notification and shall be accompanied by a project report which shall, inter alia, include an Environmental Impact Assessment Report/Environment Management Plan and details of public hearing as specified in Schedule IV prepared in accordance with the guidelines issued by the Central Government in the Ministry of Environment and Forests from time to time.

(b) Cases rejected due to submission of insufficient or inadequate data and plans may be reviewed as and when submitted with complete data and plans. Submission of incomplete data or plans for the second time would itself be a sufficient reason for the Impact Assessment Agency to reject the case summarily.

II. In case of the following site specific projects :

(a) mining;

(b) pit-head thermal power stations;

(c) hydro-power, major irrigation projects and/or their combination including flood control;

(d) ports and harbours (excluding minor ports);

(e) prospecting and exploration of major minerals in areas above 500 ha.,

The project authorities will intimate the location of the project site to the Central Government in the Ministry of Environment and Forests while initiating any investigation and surveys. The Central Government in the Ministry of Environment and Forests will convey a decision regarding suitability or otherwise of the proposed site within a maximum period of thirty days. The said site clearance shall be granted for a sanctioned capacity and shall be valid for a period of five years for commencing the construction, operation or mining.

III.(a) The reports submitted with the application shall be evaluated and assessed by the Impact Assessment Agency and if deemed necessary it may consult a Committee of Experts, having a composition as specified in Schedule-III of this Notification. The Impact Assessment Agency (IAA) would be the Union Ministry of Environment and Forests. The Committee of Experts mentioned above shall be constituted by the IAA or such other body under the Central Government authorised by the IAA in this regard.

(b) The said Committee of Experts shall have full right of entry and inspection of the site or, as the case may be, factory premises at any time prior to, during or after the commencement of the operations relating to the project.

(c) The Impact Assessment Agency shall prepare a set of recommendations based on the technical assessment of documents and data furnished by the project authorities and supplemented by data collected during visits of sites of factories, if undertaken and details of public hearing.

The assessment shall be completed within a period of ninety days from receipt of the requisite documents and data from the project authorities and completion of public hearing and decision conveyed within thirty days thereafter.

The clearance granted shall be valid for a period of five years from commencement of the construction or operation of the project.

No construction work, preliminary or otherwise, relating to the setting up of the project may be undertaken till the environmental and/or site clearance is obtained.

IV. In order to enable the Impact Assessment Agency to monitor effectively the implementation of the recommendations and conditions subject to which the environmental clearance has been given, the project authorities concerned shall submit a half-yearly report to the Impact Assessment Agency. Subject to the public interest, the Impact Assessment Agency, shall make compliance reports publicly available.

V. If no comments from the Impact Assessment Agency are received within the time limit, the project would be deemed to have been approved as proposed by project authorities.

3. Nothing contained in this Notification shall apply to :

(a) any item falling under entry nos. 3, 18 and 20 of the Schedule-I to be located or proposed to be located in the areas covered by the Notifications S.O. No.102(E) dated 1st February, 1989; S.O. 114(E) dated 20th February, 1991 S.O. No.416(E) dated 20th June, 1991 and S.O. No.319(E) dated 7th May, 1992.

(b) any item falling under entry Nos. 1, 2, 3, 4, 5, 7, 9, 10, 12, 13, 14, 16, 17, 19, 21, 25 and 27 of Schedule-I if the investment is less that Rs.50 crores.

(c) Any item reserved for Small Scale Industrial sector with investments less than Rs.1 crore.

4. Concealing factual data or submission of false, misleading data/reports, decisions or recommendations would lead to the project being rejected. Approval, if granted earlier on the basis of false data would also be revoked. Misleading and wrong information will cover the following:

  • False information.
  • False data.
  • Engineered reports.
  • Concealing of factual data.
  • False recommendations or decisions.

(No. Z-12013/4/89-IA-I)

R. RAJAMANI, Secy.

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SCHEDULE-I

(See paras 1 and 2)

LIST OF PROJECTS REQUIRING ENVIRONMENTAL

CLEARANCE

FROM THE CENTRAL GOVERNMENT

  1. Nuclear Power and related projects such as Heavy Water Plants, nuclear fuel complex, rare earth.
  2. River Valley projects including hydel power, major irrigation and their combination including flood control.
  3. Ports, Harbours, Airports (except minor ports and harbours).
  4. Petroleum Refineries including crude and product pipelines.
  5. Chemical Fertilisers (Nitrogenous and Phosphatic other than single superphosphate).
  6. Pesticides (Technical).
  7. Petrochemical complexes (Both Olefinic and Aromatic) and Petro-chemical intermediates such as DMT, Caprolactam, LAB etc. and production of basic plastics such as LDPE, HDPE, PP, PVC.
  8. Bulk drugs and pharmaceuticals.
  9. Exploration for oil and gas and their production, transportation and storage.
  10. Synthetic Rubber.
  11. Asbestos and Asbestos products.
  12. Hydrocyanic acid and its derivatives.
  13. (a) Primary metallurgical industries(such as production of Iron and Steel, Aluminium, Copper, Zinc, Lead and Ferro Alloys).
(b) Electric arc furnaces (Mini Steel Plants).
  1. Chlor-alkali industry.
  2. Integrated paint complex including manufacture of resins and basic raw materials required in the manufacture of paints.
  3. Viscose Staple fibre and filament yarn.
  4. Storage batteries integrated with manufacture of oxides of lead and lead antimony alloy.
  5. All tourism projects between 200m-500 meters of High Tide Line or at locations with an elevation of more than 1000 meters with investment of more than Rs.5 crores.
  6. Thermal Power plants.
  7. Mining projects (major minerals) with leases more than 5 hectares.
  8. Highway Projects except projects relating to improvement work including widening and strengthening of roads with marginal land acquisition along the existing alignments provided it does not pass through ecologically sensitive areas such as National Parks, Sanctuaries, Tiger reserves, Reserve forests.
  9. Tarred Roads in Himalayas and/or Forest areas.
  10. Distilleries.
  11. Raw Skins and Hides.
  12. Pulp, paper and newsprint.
  13. Dyes.
  14. Cement.
  15. Foundries (individual).
  16. Electroplating.

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SCHEDULE-II

(See Sub-para 1(a) of Para 2)

APPLICATION FORM

1.(a) Name and Address of the project proposed :

(b)

Location of the project :
Name of the place :
District, Tehsil :
Latitude/Longitude :
Nearest Airport/Railway Station :

(c) Alternate sites examined and the reasons for selecting the proposed site :

(d) Does the site conform to stipulated land use as per local land use plan :

2. Objectives of the project :

3.(a)

Land Requirement :
Agriculture Land :
Forest land and Density of vegetation :
Other (specify) :

(b) (i) Land use in the Catchment/ within 10 kms. radius of the proposed site :

(ii) Topography of the area indicating gradient, aspects and altitude:

(iii) Erodability classification of the proposed land:

(c) Pollution sources existing in 10 km. Radius and their impact on quality of air, water & land :

(d) Distance of the nearest National Park/Sanctuary Biosphere Reserve/ Monuments/heritage site/Reserve Forest :

(e) Rehabilitation plan for quarries/borrow areas :

(f) Green belt plan :

(g) Compensatory afforestation plan :

4. Climate and Air Quality :

(a) Windrose at site :
(b) Max./Min./Mean annual temperature :
(c) Frequency of inversion :
(d) Frequency of cyclones/tornadoes/cloud burst :
(e) Ambient air quality data :
(f) Nature & concentration of emission of SPM, Gas (CO, CO2, Nox,CHn etc.) from the project :

5. Water balance :

(a) Water balance at site :
(b) Lean season water availability :
(c) Source to be tapped with competing users (River, Lake, Ground, Public supply) :
(d) Water quality :
(e) Changes observed in quality and quantity of ground water in the last 15 years and present charging and extraction details :
(f) (i) Quantum of waste water to be released with treatment details :
(ii) Quantum of quality of water in the receiving body before and after disposal of solid waste :
(iii) Quantum of waste water to be released on land and type of land :
(g) (i) Details of reservoir water quality with necessary Catchment Treatment Plan :
(ii) Command Area Development Plan :

6. Solid wastes :

(a) Nature and quantity of solid wastes generated :
(b) Solid waste disposal method :

7. Noise and Vibrations :

(a) Sources of noise and vibrations :
(b) Ambient noise level :
(c) Noise and Vibration control measures proposed :
(c) Subsidence problem if any with control measures :

8. Power requirement indicating source of supply : Complete environmental details to be furnished separately, if captive power unit proposed :

9. Peak labour force to be deployed giving details of :

  • Endemic health problems in the area due to waste water/air/soil borne diseases:
  • Health care system existing and proposed :
10. (a) Number of village and population to be displaced :
(b) Rehabilitation Master Plan :

11. Risk Assessment Report and Disaster Management Plan :

12. (a) Environmental Impact Assessment } Report prepared as per
(b) Environment Management Plan } guidelines of MOEF
(c) Detailed Feasibility Report } issued from time to time
(d) Duly filled in questionnaire }

13. Details of Environmental Management Cell :

I hereby give an undertaking that the data and information given above are true to the best of my knowledge and belief and I am aware that if any part of the data/information submitted is found to be false or misleading at any stage, the project be rejected and the clearance given, if any, to the project is likely to be revoked at our risk and cost.

Signature of the applicant
with name and full address
Date :
Place :
Given under the seal of
organisation on behalf of
whom the applicant is signing

In respect to item for which data are not required or is not available as per the declaration of project proponent, the project would be considered on that basis.

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SCHEDULE-III
(See Sub-para III(a) of Para 2)
COMPOSITION OF THE EXPERT COMMITTEES FOR
ENVIRONMENTAL IMPACT ASSESSMENT

1. The Committees will consist of experts in the following disciplines :

(i) Eco-System Management
(ii) Air/Water Pollution Control
(iii) Water Resource Management
(iv) Flora/Fauna Conservation and Management
(v) Land Use Planning
(vi) Social Sciences/Rehabilitation
(vii) Project Appraisal
(viii) Ecology
(ix) Environmental Health
(x) Subject Area Specialists
(xi) Representatives of NGOs/Persons Concerned With Environmental Issues.

2. The Chairman will be an outstanding and experienced ecologist or environmentalist or technical professional with wide managerial experience.

3. The representative of IAA will act as Member-Secretary.

4. Chairman and members will serve in their individual capacities except those specifically nominated as representatives.

5. The membership of a Committee shall not exceed 15.

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SCHEDULE-IV
(See Sub-para I of Para 2)

PROCEDURE FOR PUBLIC HEARING

1. Process of Public Hearing :- Whoever apply for environmental clearance of projects, shall submit to the concerned State Pollution Control Board twenty sets of the following documents namely :-

(i) An executive summary containing the salient features of the project both in English as well as local language.
(ii) Form XIII prescribed under Water (Prevention and Control of Pollution) Rules, 1975 where discharge of sewage, trade effluents, treatment of water in any form, is required.
(iii) Form I prescribed under Air (Prevention and Control of Pollution) Union Territory Rules, 1983 where discharge of emissions are involved in any process, operation or industry.
(iv)Any other information or document which is necessary in the opinion of the Board for their final disposal of the application.

2. Notice of Public Hearing :-

(i) The State Pollution Control Board shall cause a notice for environmental public hearing which shall be published in at least two newspapers widely circulated in the region around the project, one of which shall be in the vernacular language of the locality concerned. State Pollution Control Board shall mention the date, time and place of public hearing. Suggestions, views, comments and objections of the public shall be invited within thirty days from the date of publication of the notification.
(ii) All persons including bona fide residents, environmental groups and others located at the project site/sites of displacement/sites likely to be affected can participate in the public hearing. They can also make oral/written suggestions to the State Pollution Control Board.

Explanation : For the purpose of the paragraph person means –

(a) any person who is likely to be affected by the grant of environmental clearance;
(b) any person who owns or has control over the project with respect to which an application has been submitted for environmental clearance;
(c) any association of persons whether incorporated or not likely to be affected by the project and/or functioning in the field of environment;
(d) any local authority within any part of whose local limits is within the neighbourhood, wherein the project is proposed to be located.

3. Composition of public hearing panel :- The composition of Public Hearing Panel may consist of the following namely :-

(i) Representative of State Pollution Control Board;
(ii) District Collector or his nominee;
(iii) Representative of State Government dealing with the subject;
(iv)Representative of Department of the State Government dealing with Environment;
(v) Not more than three representatives of the local bodies such as Municipalities or panchayats;
(vi)Not more than three senior citizens of the area nominated by the District Collector.

4. Access to the Executive Summary :- The concerned persons shall be provided access to the Executive Summary of the Project at the following places namely :-

(i) District Collector Office;
(ii) District Industry Centre;
(iii) In the Office of the Chief Executive Officers of Zila Parishad or Commissioner of the Municipal Corporation/Local body as the case may be;
(iv)In the head office of the concerned State Pollution Control Board and its concerned Regional Office;
(v)In the concerned Department of the State Government dealing with the subject of environment.
[No.Z-12013/4/89-IA.I]
R.H.KHWAJA, Jt.Secy.

Foot Note :- The Principal notification was published vide No. S. O. 60(E) dated 27th January, 1994 and subsequently amended vide No. S. O. 356(E) dated 4th May, 1994.

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EXPLANATORY NOTE REGARDING THE IMPACT
ASSESSMENT NOTIFICATION
DATED 27TH JANUARY, 1994

1. Expansion and modernisation of existing projects

A project proponent is required to seek environmental clearance for a proposed expansion/modernisation activity if the resultant pollution load is to exceed the existing levels. The words "pollution Load" will in this context cover emissions, liquid effluents and solid or semi-solid wastes generated. A project proponent may approach the concerned State Pollution Control Board (SPCB) for certifying whether the proposed modernisation/expansion activity as listed in Schedule-I to the notification is likely to exceed the existing pollution load or not. If it is certified that no increase is likely to occur in the existing pollution load due to the proposed expansion or modernisation, the project proponent will not be required to seek environmental clearance, but a copy of such certificate issued by the SPCB will have to be submitted to the Impact Assessment Agency(IAA) for information. The IAA will however, reserve the right to review such cases in the public interest if material facts justifying the need for such review come to light

2. Availability of Summary Feasibility Report, EIA/EMP Report etc. to concerned parties or groups

The project proponent will have to submit an executive summary incorporating in brief the essence of project details and findings of environmental impact assessment study which could be made available to concerned parties or environmental groups on request.

3. Clarification about concerned parties or environmental groups

The concerned parties or environmental groups will be the bonafide residents located at or around the project site or site of displacement or site of alleged adverse environmental impact.

4. Public Hearing

Public hearings could be called for in case of projects involving large displacement or having severe environmental ramifications.

5. Requisite information required for site clearance/project clearance

(a) Site Clearance :

Site clearance will be given for site specific projects as mentioned in para-2(ii) of the notification. Project proponents will be required to furnish information according to the environmental appraisal questionnaires for site clearance, as may be prescribed by the IAA from time to time. Additional information whenever required by the IAA will be communicated immediately to the project proponents who will then be required to furnish the same within the time frame specified.

(b) Project clearance :

In addition to the application form as mentioned in Schedule II to the notification, project proponents are required to furnish the following information for environmental appraisal:

(i) EIA/EMP report (20 copies);
(ii) Risk Analysis report (20 copies) : however, such reports if normally not required for a particular category of project, project proponents can state so accordingly, but the IAA’s decision in this regard will be final;
(iii) NOC from the State Pollution Control Board;
(iv) Commitment regarding availability of water and electricity from the competent authority;
(v) Summary of Project report/feasibility report (one copy);
(vi) Filled in questionnaire (as prescribed by the IAA from time to time) for environmental appraisal of the project;
(vii) Comprehensive rehabilitation plan, if more than 1000 people are likely to be displaced, otherwise a summary plan would be adequate.

As a Comprehensive EIA report will normally take at least one year for its preparation, project proponents may furnish Rapid EIA report to the IAA based on one season data (other than monsoon), for examination of the project. Comprehensive EIA report may be submitted later, if so asked for by the IAA.

The requirement of EIA can be dispensed with by the IAA, in case of project which are unlikely to cause significant impacts on the environment. In such cases, project proponent will have to furnish full justification for such exemption, for submission of EIA. Where such exemption is granted, project proponents may be asked to furnish such additional information as may be required.

6. Submission of insufficient or inadequate data

Regarding cases liable to be rejected due to inadequacy of data, it is clarified that the IAA will make such rejection within 30 days from the date of submission of the proposal. While rejecting a proposal due to insufficient or inadequate data after the first evaluation, the IAA may also stipulate additional requirement of information/clarification for impact assessment purposes if deemed essential due to the specific nature of location of the proposed project whose data as prescribed is not available, the IAA can examine the project on the basis of available data.

7. Application Form

(i) In order to remove any hardship to the project proponent in providing any information, the project proponent may, where some information is not available or would cause inordinate delay, mention this in their application form. The IAA may consider the project proposal based on the information available.
(ii) Quality and quantity of ground water
(iii) If 15 years data on the quantity and quality variation of ground water is not available with the concerned Department or Authorities, the project proponent may mention this accordingly in the application form prescribed in Schedule-II to the notification. Further, in case of projects, where ground water is not to be used, and effluents are not to be discharged on the land, the requirement of ground water variation data for the previous 15 years will be dispensed with.
(iv) A project proponent may write the words "Not Applicable" while filling the application form as mentioned in Schedule-II to the notification in respect of items which are not relevant for the purposes of the proposed project.

8. Exemption for projects already initiated

For projects listed in Schedule-I to the notification in respect of which the required land has been acquired and all relevant clearances of the State Government including NOC from the respective State Pollution Control Boards have been obtained before 27th January, 1994, a project proponent will not be required to seek environmental clearance from the IAA. However those units who have not as yet commenced production will inform the IAA.

 

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No. Z-12013/14/98 IA-I

Government of India

MInistry of Environment and Forests

************

April 22, 1998

Sub: Prospecting and Exploration of Major Minerals in the areas above 500 ha.- Site clearance under EIA notification No. S.O.60(E) dated 27th January, 1994 as amended on4th May, 1994 and 10th April, 1997 -Clarifications reg.

 

CIRCULAR

The question of site clearence for projects involving aerial reconnaissance/aerial surveys for prospection or reconnaissance operations undertaken for preliminary prospecting has been examined. It was noted that these operation do not include pitting, trenching, drilling or sub surface excavation involving disturbance to earth.

It is hereby clarified that for aerial prospection surevys/aerial reconnaissance, which do not include pitting, trenching, drilling or subsurface excavation involving disturbance to earth, no prior site clearance is required under EIA Notification dated 27th January, 1994 (as amended from time to time). However, site clearance has to be obtained before undertaking ground operations like pitting, trenching, drilling, road construction etc. leading to disturbance to earth in specific areas for exploration of minerals. In this respect the normal procedure in force will mutatis mutandis apply.

(R. H. KHWAJA)
Joint Secretary to the Government of India

To All Concerned

 

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No. Z-12013/14/98 IA

Government of India

MInistry of Environment and Forests

************

October 27, 1998

Sub: Prospecting and Exploration of Major Minerals in the areas above 500 ha.- Site clearance under EIA notification No. S.O.60(E) dated 27th January 1994 as amended on 2.5.94 and 10.4.87. -Clarifications reg.

 

CIRCULAR

The question of sale clearence for mining projects involving surveys for prospecting or reconnaissance operations undertaken for preliminary prospecting has been noted that test drilling exercise for confirmation of mineralization in the already identified anomalies involves on an average one bore hole in a block approximately 100 square kilometers (10000 ha.).

It is hereby clarified that for test drilling on a scale not exceeding one bore hole hundred square kilometers, no prior site clearence including public hearing is needed under the provision of the EIA notification of January, 1994 as amended from time to time. However, necessary approval under the Forest(Conservation) Act, 1980 has to be obtained in case of involvement of forestland.

Site clearence, however, has to be obtained before undertaking prospecting and exploration exercise. In this respect, the normal procedure in force will mutatis mutandis apply.

 

 

 

(V. RAJAGOPALAN)
Joint Secretary to the Government of India

 

To All Concerned

 

No.Z-12013/14/98-IA

Government of India

Ministry of Environment & Forests

March 16, 1999

SUB : Prospecting and Exploration of Major Minerals in the areas above 500 ha. Site clearance under EIA notification No. S.O. 60(E) dated 27th January, 1994 as amended on 4-5-94 and 10-4-97 – Clarification reg.

CIRCULAR

Attention is invited to this Ministry’s Circular of even no Dated 27th October ‘98 on the above subject regarding test drilling and site clearance.

It has been brought to the notice of the Ministry that in large areas more than one anornaly has been noticed and therefore, one bore hole will not give the clear picture in regard to the true potential. Finely the testing of the material obtained from one borehole may not give the correct picture of the grade and the size of the deposit. This may result in deposits with good potential and viable economic size escaping identification. A thorough and systematic scout-drilling program will improve the chances of finding mineral deposits within a realistic timeframe.

In view of the above, it is clarified that test drilling on a scale not exceeding 5 bore holes per 100 square kilometers would require to prior site clearance including public hearing, under and provision of EIA Notification of January ’94 as amended from time to time. However necessary approval under Forest Conservation ACT, 1989 would have to be obtained in case forest land is involved.

Site clearance has to be obtained before undertaken prospecting and exploration exercises in this respect, the normal procedure in force will mutatis mutandis apply.

(V. RAJAGOPALAN)

Joint Secretary to the Government of India

To All Concerned