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
- Nuclear Power and related projects such as Heavy
Water Plants, nuclear fuel complex, rare earth.
- River Valley projects including hydel power,
major irrigation and their combination including
flood control.
- Ports, Harbours, Airports (except minor ports and
harbours).
- Petroleum Refineries including crude and product
pipelines.
- Chemical Fertilisers (Nitrogenous and Phosphatic
other than single superphosphate).
- Pesticides (Technical).
- 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.
- Bulk drugs and pharmaceuticals.
- Exploration for oil and gas and their production,
transportation and storage.
- Synthetic Rubber.
- Asbestos and Asbestos products.
- Hydrocyanic acid and its derivatives.
- (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).
- Chlor-alkali industry.
- Integrated paint complex including manufacture of
resins and basic raw materials required in the
manufacture of paints.
- Viscose Staple fibre and filament yarn.
- Storage batteries integrated with manufacture of
oxides of lead and lead antimony alloy.
- 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.
- Thermal Power plants.
- Mining projects (major minerals) with leases more
than 5 hectares.
- 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.
- Tarred Roads in Himalayas and/or Forest areas.
- Distilleries.
- Raw Skins and Hides.
- Pulp, paper and newsprint.
- Dyes.
- Cement.
- Foundries (individual).
- 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.
------------------------------------------------------------------------------------------------
- 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 IAAs 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.
----------------------------------------------------------------------------------------------
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
-------------------------------------------------------------------------------------------------------
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 Ministrys
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
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