Discuss the procedure for conducting public hearing and its role in obtaining Environmental Clearance for any development project.
Answers
The process consists of following steps:
• Project proponent identifies the location of proposed plant after ensuring compliance with existing siting guidelines. If project site does not agree with the siting guideline, the proponent has to identify other alternative site for the project
• The project proponent then assesses if the proposed activity/project falls under the purview of environmental clearance. If it is mentioned in schedule of the notification, the proponent conducts an EIA study either directly or through a consultant. If the project falls in B category, the project goes to state government for clearance which further categorise into B1 and B2 projects. B2 projects doe not require preparation of EIA reports.
• After the EIA report is ready, the investor approaches the concerned State Pollution Control Board (SPCB) and the State Forest Department (if the location involves use of forestland). The SPCB evaluates and assesses the quantity and quality of effluents likely to be generated by the proposed unit as well as the efficacy of the control measures proposed by the investor to meet the prescribed standards. If the SPCB is satisfied that the proposed unit will meet all the prescribed effluent and emissions standards, it issues consent to establish (popularly known as NOC), which is valid for 15 years.
• The public hearing is a mandatory step in the process of environmental clearance for certain developmental projects. This provides a legal space for people of an area to come face-to-face with the project proponent and the government and express their concerns.
The process of public hearing is conducted prior to the issue of NOC from SPCB. The District Collector is the chairperson of the public hearing committee. Other members of the committee includes the official from the district development body, SPCB, Department of Environment and Forest, Taluka and Gram Panchayat representative, and senior citizen of the district, etc. The hearing committee hears the objections/suggestions from the public and after inserting certain clauses it is passed on to the next stage of approval (Ministry of Forest and Environment).
• The project proponent submits an application for environmental clearance with the MoEF if it falls under Project A category or the state government if it falls under project B category. The application form is submitted with EIA report, EMP, details of public hearing and NOC granted by the state regulators.
• Environmental appraisal: The documents submitted by an investor are first scrutinised by a multi-disciplinary staff functioning in the Ministry of Environment and Forests who may also undertake site-visits wherever required, interact with the investors and hold consultations with experts on specific issues as and when necessary. After this preliminary scrutiny, the proposals are placed before specially constituted committees of experts whose composition is specified in the EIA Notification. Such committees, known as Environmental Appraisal Committees have been constituted for each sector such as River Valley, Industries, Mining etc. and these committees meet regularly to appraise the proposals received in the Ministry. In case of certain very special/controversial projects, which have aroused considerable public interest, the committee may also decide to arrange for public hearings on those projects to ensure public participation in developmental decisions. Announcements for such public hearing shall be made atleast 30 days before through newspapers. On the basis of the exercise described in the foregoing paragraphs, the Appraisal Committees make their recommendations for approval or rejection of particular projects. The recommendations of the Committees are then processed in the Ministry of Environment and Forests for approval or rejection.
• Issues of clearance or rejection letter: When a project requires both environmental clearance as well as approval under the Forest (Conservation) Act, 1980. Proposals for both are required to be given simultaneously to the concerned divisions of the ministry. The processing is done simultaneously for clearance/rejection, although separate letters may be issued. If the project does not involve diversion of forest land, the case is processed only for environmental clearance.
Once all the requisite documents and data from the project authorities are received and public hearings (where required) have been held, assessment and evaluation of the project from the environment angle is completed within 90 days and the decision of the ministry shall be conveyed within 30 days thereafter. The clearance granted shall be valid for a period of five years for commencements of the construction or operation of the project.