Salient Features of the Draft EIA Notification, 2020
In March 2020, the Ministry of Environment, Forest, and Climate Change (MoEFCC) published the draft EIA Notification, 2020, to replace the 2006 rules.
It aimed to ease compliance and promote “Ease of Doing Business”, but it raised concerns among environmentalists about weakening protections.
Key Provisions:
- Public Hearing Changes:
- Period for public consultation reduced from 30 to 20 days.
- Many project categories (including B2) exempted from public scrutiny.
- Post-facto Clearance:
- Legalized granting clearance to projects already operating without prior approval — previously considered illegal by courts.
- Compliance and Monitoring:
- Compliance reporting changed from six-monthly to annual.
- Only project proponent can report compliance; public reporting of violations removed.
- Project Classification:
- Continuation of A, B1, and B2 categories, but more exemptions for B2.
- Penalties:
- Introduced penalties for projects violating conditions of establishment.
Significance of 2020 Draft:
- Aimed at faster clearances and reducing project delays.
- Claimed to simplify procedures and reduce litigation.
Concerns with 2020 Draft:
- Shortened public consultation time may limit meaningful participation.
- Legalizing post-facto clearance may incentivize violations.
- Annual reporting instead of half-yearly weakens monitoring.
- Exemptions for many B2 projects may overlook cumulative impacts.
- Denying citizens the right to report violations dilutes accountability.