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EIA Notification 2006

The EIA Notification 2006 mandates that all new projects, expansions, or modernizations with environmental impacts in India must obtain prior environmental clearance from either the Central Government or the State Environment Impact Assessment Authority (SEIAA). It categorizes projects into Category A and B based on their environmental impact, with specific processes for application, screening, scoping, public consultation, and appraisal. The notification also outlines the roles of various committees, timelines for decision-making, and requirements for compliance and monitoring post-clearance.

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0% found this document useful (0 votes)
187 views41 pages

EIA Notification 2006

The EIA Notification 2006 mandates that all new projects, expansions, or modernizations with environmental impacts in India must obtain prior environmental clearance from either the Central Government or the State Environment Impact Assessment Authority (SEIAA). It categorizes projects into Category A and B based on their environmental impact, with specific processes for application, screening, scoping, public consultation, and appraisal. The notification also outlines the roles of various committees, timelines for decision-making, and requirements for compliance and monitoring post-clearance.

Uploaded by

santanuswain8847
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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EIA Notification 2006

1. Applicability

The Central Government, under the Environment (Protection) Act, 1986,


mandates that any new projects, expansions, or modernizations with
environmental impact must obtain prior environmental clearance. This
applies across India and follows the National Environment Policy, 2006. The
clearance must be granted by the Central Government or the State
Environment Impact Assessment Authority (SEIAA). This notification
supersedes the 1994 notification and takes effect from its publication date.

2. Requirement for Prior Environmental Clearance (EC):

Prior environmental clearance is mandatory before starting construction or


land preparation (except securing land) for:

 New Projects: All projects or activities listed in the Schedule of this


notification.

 Expansion/Modernization: Existing projects exceeding specified


capacity limits after expansion.

 Product-Mix Change: Changes in the product mix of an existing


manufacturing unit beyond the permitted range.

 Category A projects require clearance from the Central


Government (Ministry of Environment & Forests).

 Category B projects require clearance from the State Environment


Impact Assessment Authority (SEIAA).

3. State Level Environment Impact Assessment Authority (SEIAA):

 Formation: SEIAA is constituted by the Central Government under


the Environment (Protection) Act, 1986 with three members
(Chairman, Member-Secretary, and another member) nominated by the
State Government/UT Administration.

 Member-Secretary: A serving officer familiar with environmental


laws.

 Other Members: Professionals or experts meeting eligibility criteria in


Appendix VI.

 Chairman: An expert in Environmental Impact Assessment (EIA)


process.
 Nomination & Approval: State/UT forwards names to the Central
Government, which must constitute SEIAA within 30 days.

 Term: Chairman and non-official members serve a 3-year term.

 Decision-Making: All decisions must be unanimous and taken in


meetings.

4. Categorization of Projects and Activities:

1. Two Categories:

o Category A: Projects with wider environmental impacts on


human health and natural/man-made resources.

o Category B: Projects with relatively localized impacts.

2. Category A Projects:

o Includes new projects, expansions, modernizations, and product


mix changes.

o Requires prior environmental clearance from the Central


Government (MoEF) based on recommendations from an
Expert Appraisal Committee (EAC).

3. Category B Projects:

o Includes new projects, expansions, modernizations, and product


mix changes (except those meeting General Conditions in the
Schedule).

o Requires prior clearance from the State/UT Environment


Impact Assessment Authority (SEIAA) based on
recommendations from the State/UT Expert Appraisal
Committee (SEAC).

o If SEIAA or SEAC is not constituted, the project will be treated


as Category A and require clearance from the Central
Government.

5. Screening, Scoping, and Appraisal Committees:

1. Function:
o Expert Appraisal Committees (EACs) at the Central
Government level handle Category A projects.

o State Expert Appraisal Committees (SEACs) at the


State/UT level handle Category B projects.

o Both EAC and SEAC must meet at least once a month.

2. Composition:

o EAC composition is defined in Appendix VI.

o SEAC is constituted by the Central Government in


consultation with the concerned State/UT Administration and
follows the same composition as the EAC.

3. Multiple States/UTs:

o A single SEAC may be set up for multiple States/UTs for


administrative convenience and cost, with the agreement of all
concerned.

4. Tenure & Reconstitution:

o EAC and SEAC must be reconstituted every three years.

5. Site Inspection:

o Authorized members may inspect project sites with at least


seven days' notice to the applicant, who must facilitate the
inspection.

6. Decision-Making:

o Decisions are made by collective responsibility.

o Consensus is preferred, but if not reached, the majority view


prevails.

6.Application for Prior Environmental Clearance (EC):

1. Application Process:

o Must be submitted using Form 1 (and Supplementary Form


1A, if applicable, as per Appendix II).
o Should be filed before starting any construction or land
preparation.

2. Required Documents:

o Pre-feasibility project report (for most projects).

o For construction projects (Schedule Item 8): A conceptual


plan instead of a pre-feasibility report.

7. Stages in the Prior Environmental Clearance (EC) Process for


New Projects:

The process consists of up to four stages, though not all may apply in every
case:

1. Screening (Only for Category ‘B’ projects) – Determines if a project


requires further environmental assessment.

2. Scoping – Identifies key environmental concerns and the Terms of


Reference (ToR) for Environmental Impact Assessment (EIA).

3. Public Consultation – Seeks feedback from the public and


stakeholders on environmental concerns.

4. Appraisal – Final assessment and decision-making based on the


submitted reports and public input.

Stages in the Prior Environmental Clearance (EC) Process for New


Projects

Stage 1 - Screening (For Category ‘B’ Projects Only)

 SEAC reviews Form 1 application to determine if further environmental


studies are required.

 Projects are classified as:

o B1 – Requires an Environmental Impact Assessment (EIA)


report.

o B2 – Does not require an EIA report.

 The Ministry of Environment and Forests (MoEF) provides guidelines for


classification.
Stage 2 - Scoping

 The EAC (for Category ‘A’ projects) or SEAC (for Category ‘B1’
projects) defines the Terms of Reference (ToR) for the EIA report.

 Consideration is based on Form 1/Form 1A, site visits (if needed), and
project details.

 Category ‘B’ construction projects (Item 8) do not require


Scoping; they are assessed based on Form 1/Form 1A and a conceptual
plan.

 ToR must be issued within 60 days; if not, the applicant’s proposed


ToR is considered final.

 If a project is rejected, reasons must be communicated in writing


within 60 days.

Stage 3 - Public Consultation

 Public feedback is collected to ensure environmental concerns are


considered.

 Mandatory for all Category ‘A’ and Category ‘B1’ projects,


except for:

o Irrigation modernization projects.

o Projects within approved industrial estates/parks.

o Road expansions without land acquisition.

o Building/Construction/Township projects (Item 8).

o Category ‘B2’ projects.

o National security and defense-related projects.

 Two components of Public Consultation:

1. Public hearing – Organized by State Pollution Control Board


(SPCB) or UT Pollution Control Committee (UTPCC) within
45 days of request.

2. Written responses – SPCB/UTPCC invites responses via website


within 7 days of request.

 If SPCB/UTPCC fails to conduct the hearing, another independent public


agency is appointed within 45 days.
 If local conditions prevent a fair hearing, authorities may waive the
public hearing requirement.

 After the consultation, the applicant must address concerns, revise


the EIA report, and submit the final EIA or a supplementary report.

Stage 4 - Appraisal

Definition & Process

 Appraisal involves detailed scrutiny of the project by the Expert


Appraisal Committee (EAC) for Category ‘A’ projects or State
Level Expert Appraisal Committee (SEAC) for Category ‘B’
projects.

 The review includes:

o The Final EIA report (if applicable).

o Public consultation outcomes (including public hearing


proceedings).

o Any other relevant documents submitted by the applicant.

 The applicant is invited to provide necessary clarifications, either in


person or through an authorized representative.

 After discussions, the EAC/SEAC provides recommendations to the


regulatory authority to either:

o Grant environmental clearance, with stipulated conditions.

o Reject the application, with reasons.

Appraisal for Projects Without Public Consultation or EIA Report

 If a project does not require public consultation or an EIA report,


appraisal is based on:

o Form 1 and Form 1A (as applicable).

o Other validated information available.

o Site visits, if necessary, by EAC/SEAC.

Timeframe for Appraisal


 The EAC/SEAC must complete the appraisal within 60 days of
receiving the final EIA report and all other required documents (or Form
1/Form 1A if no public consultation is required).

 The recommendations must be submitted to the regulatory


authority within 15 days for the final decision.

 The detailed procedure for appraisal is outlined in Appendix V.

7(ii). Prior Environmental Clearance (EC) process for Expansion or


Modernization or

Change of product mix in existing projects:

For any expansion, modernization, or change in the product mix of an


existing project that increases production capacity beyond the previously
approved limit, an application must be submitted using Form I. This applies
to industrial and mining projects where production or lease area increases.
The concerned Expert Appraisal Committee (EAC) or State Level Expert
Appraisal Committee (SEAC) will review the application within 60 days to
determine if an Environmental Impact Assessment (EIA) and public
consultation are needed. Based on this evaluation, environmental clearance
will be granted.

Grant or Rejection of Prior Environmental Clearance (EC):

1. Decision Timeline:

o The regulatory authority will review the recommendations of the


Expert Appraisal Committee (EAC) or State Level Expert
Appraisal Committee (SEAC) and inform the applicant of its
decision within 45 days.

o If an Environmental Impact Assessment (EIA) is required,


the decision will be made within 105 days of receiving the final
EIA report.

o If no EIA is needed, the decision will be made within 105 days of


receiving a complete application.
2. Disagreement with EAC/SEAC Recommendations:

o The regulatory authority usually accepts the EAC/SEAC


recommendations.

o If it disagrees, it must request reconsideration within 45 days,


stating reasons for the disagreement.

o The EAC/SEAC will review the concerns and provide its response
within 60 days.

o The final decision will be made within 30 days after receiving


this response.

3. Automatic Approval or Rejection:

o If the regulatory authority does not respond within the given


timelines, the applicant can assume that the environmental
clearance has been granted or denied based on the EAC/SEAC’s
final recommendations.

4. Public Disclosure:

o Once the decision period expires, the regulatory authority’s


decision and the EAC/SEAC’s recommendations will be made
public.

5. Other Regulatory Clearances:

o No other regulatory approvals are required before submitting an


application for environmental clearance unless legally necessary
or technically dependent.

6. False or Misleading Information:

o If an applicant provides false or misleading information, their


application can be rejected, or an already granted clearance can
be canceled.

o The applicant will be given a personal hearing before a final


decision is made, following the principles of natural justice.

Validity of Environmental Clearance (EC):


 The validity of an environmental clearance refers to the time from
when it is granted until the project starts operations or completes
construction (for construction projects).

 The validity period is:

o 10 years for River Valley projects.

o Up to 30 years for Mining projects (as estimated by the


appraisal committee).

o 5 years for all other projects.

o For Area Development and Township projects, validity


applies only to activities under the developer’s responsibility.

 The validity can be extended by up to 5 years if the applicant


submits a request within the original validity period, along with
updated documents. The regulatory authority may consult the
appraisal committee before granting an extension.

Post Environmental Clearance Monitoring:

1. Compliance Reports:

o Project management must submit compliance reports twice a


year (by June 1st and December 1st) in both hard and soft
copies to the regulatory authority.

2. Public Access:

o These reports will be publicly available and can be accessed on


request.

o The latest report must also be displayed on the regulatory


authority’s website.

11. Transferability of Environmental Clearance (EC):

 An environmental clearance (EC) granted for a project can be


transferred to another legally eligible person during its validity.

 The transfer can be requested by:


o The original holder (transferor), or

o The new party (transferee) with a No Objection Certificate


(NOC) from the transferor.

 The transfer is approved by the regulatory authority under the same


terms and conditions and for the same validity period as the
original clearance.

 No approval from the Expert Appraisal Committee (EAC) or State


Level Expert Appraisal Committee (SEAC) is needed for the
transfer.

12. Operation of EIA Notification, 1994, for Pending Cases:

 The EIA Notification of 1994 is superseded by this new notification.

 However, for applications pending at the time of this new


notification's publication:

o The Central Government may relax certain provisions of the


new notification.

o The old EIA Notification, 1994, may continue to apply for up


to one year to allow pending cases to be processed.

7(e) Ports and Harbours

 Projects requiring Environmental Clearance (EC):

o Ports and harbours handling 5 million tonnes per annum


(TPA) or more of cargo must obtain environmental clearance.

o Ports and harbours handling less than 5 million TPA of cargo,


or those handling 10,000 TPA or more of fish, also require
clearance.

 General Condition (GC) Applies:

o If the project is located within 10 km of a protected area,


ecologically sensitive area, or interstate boundary,
additional environmental scrutiny is required.

6(a) Oil & Gas Transportation Pipelines & LNG Terminals

 Projects Requiring Environmental Clearance (EC):


o All oil & gas transportation pipelines (including crude oil,
refinery products, and petrochemicals) that pass through
national parks, wildlife sanctuaries, coral reefs, or
ecologically sensitive areas must obtain environmental
clearance.

o LNG (Liquefied Natural Gas) terminals also require


clearance.

General Condition (GC):

 Projects classified as Category ‘B’ will be treated as Category ‘A’


(requiring higher-level clearance) if they are located within 10 km of:

1. Protected Areas (notified under the Wildlife Protection Act,


1972).

2. Critically Polluted Areas (as identified by the Central Pollution


Control Board).

3. Notified Eco-sensitive Areas.

4. Inter-State or International Boundaries.

Specific Condition (SC):

 Industrial estates, complexes, or zones (like Special Economic


Zones, Biotech Parks, and Leather Complexes) that obtain prior
environmental clearance for a predefined set of industries do
not require separate clearance for each individual unit within them.

 However, this is valid only if:

o The industrial estate/complex follows the terms and conditions


of the granted clearance.

o There is a designated authority responsible for ensuring


compliance throughout the lifetime of the complex.

o This responsible authority will be held accountable for any


violations.
CHECK LIST OF ENVIRONMENTAL IMPACTS

7. SOCIO-ECONOMIC ASPECTS

7.1. Impact on Demographic Structure:

 Will the project lead to changes in the local population size and
composition?

 Details should include influx of workers, migration trends, and


potential displacement of residents.

7.2. Existing Social Infrastructure:

 Provide information on hospitals, schools, roads, markets, and


community centers near the project site.

 Mention any government or private initiatives supporting local


communities.

7.3. Potential Adverse Effects & Safeguards:

 Could the project affect local livelihoods, traditions, religious


sites, or cultural heritage?

 Describe measures to minimize negative impacts, such as:

o Compensation and rehabilitation for displaced communities.

o Conservation of sacred and cultural sites.

o Community engagement programs to address concerns.


Procedure for Conduct of Public Hearing
1. Arranging the Public Hearing:

 The State Pollution Control Board (SPCB) or Union Territory


Pollution Control Committee (UTPCC) is responsible for organizing
the public hearing.

 It should be conducted in a systematic, transparent, and time-


bound manner.

 The hearing must take place at the project site or nearby, ensuring
maximum public participation.

 If the project extends across multiple States or Union Territories,


separate public hearings are required in each jurisdiction.

2. Process for Public Hearing:

2.1 Request for Public Hearing:

 The applicant must send a formal request to the Member


Secretary of the SPCB/UTPCC to arrange the hearing within the
statutory period.

 If the project covers multiple States/UTs, separate requests must be


sent to each SPCB/UTPCC.

2.2 Submission of EIA Report:

 The applicant must provide at least 10 hard copies and an equal


number of soft copies of the Draft Environmental Impact
Assessment (EIA) Report in the format specified in Appendix III.

 A Summary EIA Report must also be submitted in both English


and the local language.

 The Draft EIA Report and Summary EIA Report should be sent to:

o (a) District Magistrate(s)

o (b) Zila Parishad or Municipal Corporation

o (c) District Industries Office


o (d) Concerned Regional Office of the Ministry of
Environment and Forests (MoEF)

 Additionally, one hard copy and one soft copy must be submitted
to the Ministry of Environment and Forests (MoEF).

2.3 Publicizing the EIA Report:

 The above-mentioned authorities (except MoEF) must widely


publicize the availability of the Draft EIA Report and invite public
comments.

 The report should be made available for public inspection during


office hours until the public hearing is completed.

 The MoEF will:

o Publish the Summary EIA Report on its official website.

o Make the full Draft EIA Report available for public reference at
a designated location in Delhi during office hours.

2.4 Publicity by SPCB/UTPCC

 The State Pollution Control Board (SPCB) or Union Territory


Pollution Control Committee (UTPCC) must:

o Publicize details about the project within the State/Union


Territory.

o Make the Summary of the Draft EIA Report available at


select offices, public libraries, and panchayats for public
inspection.

o Provide copies of the Draft EIA Report to:

 Ministry of Environment and Forests (MoEF)

 District Magistrate

 Zila Parishad/Municipal Corporation

 District Industries Office

 Regional Office of MoEF

3. Notice of Public Hearing


3.1 Announcement of Public Hearing Details

 The Member Secretary of the SPCB/UTPCC must finalize the date,


time, and venue for the public hearing within seven (7) days of
receiving the Draft EIA Report.

 The public hearing must be advertised in:

o One major National Daily

o One Regional Vernacular Daily

 A minimum notice period of 30 days must be given for public


responses.

3.2 Public Access to EIA Reports

 The advertisement must inform the public about where they can
access:

o Draft Environmental Impact Assessment Report

o Summary Environmental Impact Assessment Report

3.3 & 3.4 Postponement of Public Hearing

 No postponement shall be allowed unless there is an emergency.

 Postponement is only permitted if recommended by the District


Magistrate.

 If postponed, a new notice must be issued following the same


procedure.

4. Public Hearing Panel

4.1 Composition of the Panel

 The District Magistrate or their representative (not below the


rank of Additional District Magistrate) shall preside over the
hearing.

 A representative from the SPCB/UTPCC will assist in supervising the


process.

5. Videography of Proceedings
5.1 Recording of Public Hearing

 The SPCB/UTPCC shall arrange for video recording of the entire


proceedings.

 A copy of the video recording (tape/CD) must be attached to the


public hearing report when sent to the Regulatory Authority.

6. Public Hearing Proceedings

6.1 Attendance Record

 A list of attendees must be maintained and annexed to the final


report.

6.2 No Quorum Requirement

 The hearing can proceed without a quorum.

6.3 Project Presentation

 A representative of the applicant will present details about:

o The project

o The Summary EIA Report

6.4 Public Participation

 Every person present will have the right to:

o Ask questions

o Seek clarifications from the applicant

 The SPCB/UTPCC representative must:

o Record a summary of the proceedings.

o Read the summary aloud to the audience in the local


language.

o Obtain signatures from the District Magistrate or their


representative on the same day.

o Forward the signed summary to the SPCB/UTPCC.

6.5 Public Comments and Applicant’s Responses


 A statement of concerns raised by the public and responses
from the applicant must be prepared in:

o English

o The local language

 This statement must be annexed to the public hearing report.

6.6 Display of Proceedings

 The final proceedings must be publicly displayed at:

o Panchayat offices in the project area

o Zila Parishad office

o District Magistrate’s office

o SPCB/UTPCC office

 The SPCB/UTPCC must also upload the report on its website.

 The public can submit further comments directly to:

o The Regulatory Authority

o The Project Applicant

Time Period for Completion of Public Hearing

7.1 Deadline for Public Hearing Process

 The public hearing must be completed within 45 days from the


date of receipt of the request letter from the applicant.

 After completion, the SPCB or UTPCC must send the proceedings


to the regulatory authority within 8 days.

 The applicant may also directly submit:

o A copy of the approved public hearing proceedings

o The final Environmental Impact Assessment (EIA) report or


a supplementary report to the draft EIA report, incorporating
public hearing feedback.

7.2 Non-Compliance by SPCB/UTPCC


 If the SPCB or UTPCC fails to conduct the public hearing within 45
days, the responsibility shifts as follows:

o For Category 'A' projects or activities → The Ministry of


Environment and Forests (MoEF) will assign another agency.

o For Category 'B' projects or activities → The State


Government or Union Territory Administration, at the
request of the SEIAA, will assign another agency.

 The new agency will complete the public hearing following the same
prescribed procedure.

Procedure for Appraisal of Environmental Clearance


Applications
1. Submission of Application

The applicant must submit a formal request to the regulatory authority along
with the following documents (if public consultation is required):

 Final Environmental Impact Assessment (EIA) Report (20 hard


copies + 1 soft copy)

 Video tape or CD of the public hearing proceedings

 Final layout plan (20 copies)

 Project feasibility report (1 copy)

2. Scrutiny of Documents

 The regulatory authority will review the Final EIA Report within 30
days of receipt.

 The report will be checked against the Terms of Reference (TOR),


and any deficiencies will be noted.

 The Expert Appraisal Committee (EAC) / State Expert Appraisal


Committee (SEAC) members will receive a copy of:

o The Final EIA Report


o Public hearing proceedings

o Public responses

o Form-1 or Form-1A

o The scheduled date of the EAC/SEAC meeting

3. Appraisal Without Public Consultation

For projects where public consultation is not mandatory, the appraisal will
be based on:

 Form-1 and a pre-feasibility report (except for Item 8 of the


Schedule)

 For Item 8 projects (construction and township projects):

o Appraisal is based on Form-1, Form-1A, and the conceptual


plan.

o EAC/SEAC will grant environmental clearance after


reviewing the approved scheme/building plans that comply
with all conditions.

4. Timeline for Appraisal

 Every application will be reviewed by the EAC/SEAC within 60 days of


receiving the complete documents.

5. Notification to Applicant

 The applicant must be informed at least 15 days before the


scheduled EAC/SEAC meeting.

6. Finalization and Publication of Meeting Minutes

 The minutes of the EAC/SEAC meeting will be finalized within 5


working days and displayed on the regulatory authority's website.

 If the project is approved, the minutes will list environmental


safeguards and conditions.

 If the project is rejected, the reasons will be explicitly stated.

Composition of Expert Appraisal Committees (EACs) & State/UT


Level Expert Appraisal Committees (SEACs)
The Expert Appraisal Committees (EACs) for Category A projects and
the State/UT Level Expert Appraisal Committees (SEACs) for Category
B projects shall be constituted by the Central Government with
professionals and experts meeting the following eligibility criteria:

1. Eligibility Criteria for Members

Professional Qualifications

A candidate must have at least:

 (i) 5 years of formal university training leading to an MA/MSc degree


in a relevant discipline.

 (ii) 4 years of professional training (B.Tech/B.E./B.Arch) with prescribed


practical experience.

 (iii) A 5-year professional degree (e.g., Law) with formal university


training and practical training.

 (iv) A Chartered Accountancy (CA) qualification or equivalent


professional certification.

 (v) A University degree followed by 2 years of formal training in a


University or Service Academy (e.g., MBA/IAS/IFS).

Expertise Criteria

An Expert must:

 Have at least 15 years of relevant experience in their field.

 OR hold an advanced degree (Ph.D.) in a relevant field with at least


10 years of experience.

Age Limit

 General age limit: Below 70 years.

 If there is a shortage of experts in a given field: Up to 75 years.

2. Areas of Expertise Required for EAC Membership

The committee must include experts in the following fields:


 Environmental Quality – Experts in monitoring, analysis, and
interpretation of environmental data.

 Sectoral Project Management – Experts in project management and


operations in relevant industries.

 Environmental Impact Assessment (EIA) Process – Experts in


conducting EIAs, preparing Environmental Management Plans
(EMP), and using predictive EIA tools.

 Risk Assessment – Specialists in risk analysis and mitigation.

 Life Sciences (Flora & Fauna Management) – Experts in


biodiversity, conservation, and ecosystem management.

 Forestry & Wildlife – Specialists in forest conservation and wildlife


protection.

 Environmental Economics – Experts in project appraisal, economic


evaluation, and sustainability.

3. Membership Rules

 The EAC shall not exceed 15 regular members.

 The Chairperson may co-opt an additional expert for a specific


meeting.

 The Chairperson must be a highly experienced policy expert,


environmental manager, or public administration expert.

 The Chairperson nominates a Vice Chairperson, who presides in


their absence.

 A Ministry of Environment & Forests (MoEF) representative acts


as the Secretary of the committee.

4. Tenure & Removal Rules

 Maximum tenure: 2 terms of 3 years each (total of 6 years).

 Early removal: Members cannot be removed before the end of their


tenure without cause and proper inquiry.
This structure ensures a highly qualified, independent, and transparent
decision-making process for environmental clearances.

EIA Chapters
Chapter No Title
Chapter 1 INTRODUCTION
Chapter 2 PROJECT DESCRIPTION
Chapter 3 DESCRIPTION OF THE ENVIRONMENT

3.1: Terrestrial environment

3.1.1: Air Environment


3.1.2: Noise Environment
3.1.3: Water Environment
3.1.4: Soil Environment
3.1.5: Socio Economic Study
3.1.6: Terrestrial ecology and
biodiversity

3.2: Marine Environment

3.2.1 Physical parameters


3.2.2 Seawater Quality
3.2.3 Seabed sediment quality

3.3 Marine Ecology and Biodiversity


3.3.1 Plankton
3.3.2 Benthos
3.3.3 Microbiology
3.3.4 Coastal vegetation
3.3.5 Mangroves
3.3.6 Seaweeds and Seagrasses
3.3.7 Coral reefs
3.3.8 Coastal birds
3.3.9 Turtles
3.3.10 Marine Mammals
3.3.11Fisheries
3.3.12 Marine Protected Areas
3.4 Ecologically Sensitive Area
Chapter 4 ANCIPATED IMPACTS AND MITIGATION MEASURES
Chapter 5 ANALYSIS OF ALTERNATIVES
Chapter 6 ENVIRONMENTAL MONITORING PROGRAMME
Chapter 7 ADDITIONAL STUDIES
Chapter 8 PROJECT BENEFITS
Chapter 9 ENVIRONMENTAL COST BENEFIT ANALYSIS
Chapter 10 ENVIRONMENT MANAGEMENT PLAN
Chapter 11 SUMMARY AND CONCLUSION
Chapter 12 DISCLOSURE OF CONSULTANTS ENGAGED

CRZ Notification 2019


The Ministry of Environment, Forest and Climate Change issued a notification
on January 18, 2019, regarding Coastal Regulation Zones (CRZ). This
replaces the previous CRZ Notification of 2011.

The new notification was introduced after receiving feedback from various
coastal states, Union Territories, and stakeholders about environmental
conservation, sustainable development, and the livelihoods of coastal
communities. A committee led by Dr. Shailesh Nayak reviewed these
concerns and recommended changes. A draft version of the new CRZ
Notification was published for public feedback on April 18, 2018, and the
government considered the received suggestions before finalizing the new
regulations.

Under this notification, the coastal areas of India, including territorial waters
(excluding the Andaman & Nicobar and Lakshadweep Islands), are classified
as CRZ. The key regulations include:
1. Landward Regulation: The CRZ covers the land area from the High
Tide Line (HTL) up to 500 meters inland along the seafront. The HTL is
the highest water line during a spring tide, as determined by the
National Centre for Sustainable Coastal Management (NCSCM).

2. Tidal Water Bodies: CRZ rules apply to land up to 50 meters from


HTL or the width of the creek (whichever is less) along tidal water
bodies connected to the sea. The extent of tidal influence is
determined based on salinity levels measured during the driest period
of the year. Until new Coastal Zone Management Plans (CZMPs) are
approved, the existing limit remains 100 meters or the width of the
creek (whichever is less).

3. Intertidal Zone: This refers to the land area between the HTL and the
Low Tide Line (LTL).

4. Water and Seabed Regulation: The CRZ extends to the sea from
the LTL up to 12 nautical miles and also applies to tidal water bodies
from the LTL on one bank to the LTL on the opposite bank.

The objective of this notification is to protect and conserve coastal


environments, support the livelihoods of coastal communities, and ensure
sustainable development while considering risks such as sea level rise due to
climate change.

Classification of Coastal Regulation Zone (CRZ)

To conserve and protect coastal areas and marine waters, CRZ areas are
classified as follows:

2.1 CRZ-I (Environmentally Most Critical Areas)

2.1.1 CRZ-I A:

These are ecologically sensitive areas (ESAs) and natural features that help
maintain coastal integrity:

 Mangroves (if covering more than 1,000 square meters, a 50-meter


buffer zone is required).

 Corals and coral reefs


 Sand dunes

 Biologically active mudflats

 Protected areas (such as national parks, marine parks, sanctuaries,


reserve forests, and wildlife habitats).

 Salt marshes

 Turtle nesting grounds

 Horseshoe crab habitats

 Seagrass beds

 Bird nesting grounds

 Archaeological and heritage sites

A detailed environmental management plan must be prepared by states and


Union Territories based on mapping by the National Centre for Sustainable
Coastal Management (NCSCM), Chennai.

2.1.2 CRZ-I B:

 This includes the intertidal zone, the area between the Low Tide Line
(LTL) and the High Tide Line (HTL).

2.2 CRZ-II (Developed Areas Close to Shoreline)

 Covers urban or developed areas within municipal limits or legally


designated urban zones.

 These areas are substantially built-up, with more than 50% of


plots developed and equipped with infrastructure such as roads,
drainage, and water supply.

2.3 CRZ-III (Undisturbed/Rural Areas)

Areas that are relatively undisturbed and do not fall under CRZ-II. They
are further divided into:

2.3.1 CRZ-III A:

 Densely populated rural areas (more than 2161 people per sq.
km, based on the 2011 census).
 A No Development Zone (NDZ) of 50 meters from the HTL
applies if the Coastal Zone Management Plan (CZMP) is approved;
otherwise, a 200-meter NDZ remains in effect.

2.3.2 CRZ-III B:

 Less populated rural areas (density below 2161 people per sq.
km).

 A 200-meter NDZ applies from the HTL.

2.3.3 Tidal Influenced Water Bodies in CRZ-III:

 A 50-meter NDZ (or width of the creek, whichever is less) applies


along tidal water bodies.

 NDZ does not apply within notified port limits.

2.4 CRZ-IV (Water Areas and Seabeds)

2.4.1 CRZ-IV A:

 Covers seawater and seabed areas from the LTL up to 12 nautical


miles seaward.

2.4.2 CRZ-IV B:

 Covers water and bed areas of tidal-influenced water bodies,


extending from their mouth to the tidal influence zone (where
salinity is 5 ppt during the driest season).

3.0 Areas Requiring Special Consideration in the CRZ

Certain coastal areas receive special protection due to their critical


environmental importance and the challenges faced by local
communities. These include:

3.1 Critically Vulnerable Coastal Areas (CVCA):

Some ecologically sensitive areas are designated as CVCA under the


Environment (Protection) Act, 1986. These areas require community-
based management, particularly for fisherfolk and other coastal resident’s
dependent on marine resources. Key locations include:
 Sundarbans (West Bengal)

 Gulf of Khambhat & Gulf of Kutch (Gujarat)

 Malvan, Achra-Ratnagiri (Maharashtra)

 Karwar & Coondapur (Karnataka)

 Vembanad (Kerala)

 Gulf of Mannar (Tamil Nadu)

 Bhitarkanika (Odisha)

 Coringa, East Godavari & Krishna (Andhra Pradesh)

3.2 CRZ for Inland Backwater Islands and Coastal Islands

 Special CRZ rules apply to islands located in backwaters and those


along the mainland coast to ensure environmental protection and
sustainable development.

3.3 CRZ in Greater Mumbai

 Areas within the municipal limits of Greater Mumbai receive


special CRZ considerations due to high population density and
unique coastal challenges.

4.0 Prohibited Activities within CRZ

The following activities are generally prohibited across all CRZ areas.
However, exceptions and regulated activities in specific CRZ categories
(CRZ-I, II, III, and IV) are outlined in paragraph 5 of the notification:

1. New Industries & Expansion:

o Setting up new industries or expanding existing ones.

2. Handling Hazardous Substances:

o Manufacturing, storing, or disposing of hazardous substances, as


specified in G.S.R. 395I, dated 4th April 2016.

3. Fish Processing Units:

o Establishing new fish processing plants.

4. Land Reclamation & Alteration:


o Reclaiming land, creating bunds, or disturbing the natural
seawater flow (unless permitted by the competent authority).

5. Waste & Effluent Disposal:

o Discharging untreated waste or effluents from industries,


cities, towns, or other settlements.

6. Dumping of Waste:

o Dumping municipal waste, construction debris, industrial solid


waste, or fly ash for landfilling.

7. Port & Harbour Projects in Erosion-Prone Areas:

o Prohibited in highly eroding coastal stretches.

8. Mining & Extraction:

o Mining of sand, rocks, and other sub-strata materials.

9. Altering Sand Dunes:

o Dressing, reshaping, or altering active sand dunes.

10. Plastic Waste Disposal in Coastal Waters:

 Disposing plastic into coastal waters is strictly prohibited to protect


marine life.

 CRZ areas must implement plastic waste management measures.

11. Groundwater Extraction:

 Groundwater drawal is not allowed in CRZ areas.

5.0 Regulation of Permissible Activities in CRZ

5.1 CRZ-I: Environmentally Most Sensitive Areas

5.1.1 CRZ-IA (Ecologically Sensitive Areas)

CRZ-IA areas are highly sensitive, and activities are generally prohibited,
except for the following regulated activities:

1. Eco-Tourism Activities:

o Allowed activities:
 Mangrove walks

 Tree huts

 Nature trails

o These activities must be part of an approved Coastal Zone


Management Plan (CZMP), developed through public
consultation and subject to environmental safeguards.

2. Infrastructure in Mangrove Buffers:

o Only essential public utilities are permitted, such as:

 Pipelines

 Transmission lines

 Conveyance systems

 Roads on stilts

3. Construction of Roads (Including Roads on Stilts):

o Allowed only in exceptional cases for:

 Defense and strategic purposes

 Public utilities

o Requires a detailed environmental impact assessment


(EIA) for both marine and terrestrial ecosystems.

o Must be approved by the Ministry of Environment, Forest


and Climate Change (MoEFCC) with recommendations from
the Coastal Zone Management Authority (CZMA).

o If the project affects mangrove areas, then:

 Compensatory plantation of at least three times the


affected area is mandatory.

5.1.2 CRZ-IB: The Intertidal Zones

Activities in CRZ-IB (the intertidal area between Low Tide Line (LTL) and
High Tide Line (HTL)) are regulated and permissible under the following
conditions:
8. Land Reclamation and Bunding

Permitted only for:

 Foreshore facilities, including ports, harbours, jetties, wharves,


slipways, bridges, hover ports for the coast guard, sea links,
etc.

 Defense, strategic, and security projects.

 Roads on stilts, provided no new development is permitted on the


landward side until the existing HTL.

 Public utilities on reclaimed land, such as:

o Mass rapid transit or multimodal transit systems.

o Essential infrastructure for transit/transport operations


(excluding industrial activities, repair, or maintenance).

 Erosion control measures.

 Maintenance of waterways, channels, ports, and hover ports


for the coast guard.

 Prevention of sand bars, tidal regulators, stormwater drains,


salinity control, and freshwater recharge structures.

9. Waterfront and Foreshore Facilities

Activities directly related to the coastal environment, such as:

 Ports, harbours, jetties, quays, wharves.

 Breakwaters, erosion control structures.

 Pipelines, lighthouses, navigational safety facilities.

 Coastal police stations and Indian Coast Guard stations.

10. Renewable Energy Projects

 Non-conventional energy sources (e.g., wind, solar).

11. Hazardous and Petrochemical Activities

 Transfer of hazardous substances between ships and


ports/refineries.
 Storage of petroleum products and liquefied natural gas (LNG),
subject to safety guidelines.

 Storage of non-hazardous cargo (e.g., edible oil, fertilizers, and


food grains) in notified ports.

12. Fisheries and Aquaculture

 Hatcheries and natural fish drying.

 Modernization of existing fish processing units, with:

o Up to 25% additional plinth area for equipment and


pollution control.

o Construction is only on the landward side.

o Approval from the State Pollution Control Board (SPCB).

13. Waste Management & Water Treatment

 Effluent treatment plants and waste processing facilities.

 Stormwater drains.

14. Strategic and Defense Projects

 Projects classified as strategic, defense-related, or belonging


to the Department of Atomic Energy.

 Manual mining of atomic minerals (only with hand tools, without


heavy machinery).

15. Oil & Gas Exploration

 Exploration and extraction of oil and natural gas.

 Foreshore infrastructure for transport of raw materials, cooling


water intake, and discharge of treated wastewater.

16. Essential Infrastructure

 Pipelines, transmission lines, and conveyance systems.

 Weather radar stations for cyclone monitoring.

 Salt harvesting and related facilities.

 Desalination plants and associated infrastructure.


These activities are subject to environmental standards, safety
guidelines, and approvals from the Ministry of Environment, Forest &
Climate Change (MoEFCC), Coastal Zone Management Authority
(CZMA), and State Pollution Control Boards (SPCB/PCC).

CRZ-II Regulations (Simplified)

1. Permitted Activities: All activities allowed in CRZ-I B are also


permitted in CRZ-II, wherever applicable.

2. Building Construction:

o Residential buildings, schools, hospitals, offices, and public


places can be built only on the landward side of an existing road
or an authorized fixed structure.

o No construction is allowed on the landward side of any new roads


built on the seaward side of an existing road.

3. Building Regulations:

o Construction must follow local town and country planning


regulations and existing Floor Space Index (FSI) or Floor Area
Ratio (FAR) norms.

o Any changes to FSI after this notification must be approved by


the Ministry of Environment, Forest, and Climate Change through
the respective Coastal Zone Management Authorities.

o The Town Planning Authority must ensure proper solid waste


management and prevent untreated sewage discharge into
coastal waters.

4. Reconstruction of Buildings:

o Authorized buildings can be reconstructed without changing land


use, following the same planning regulations and FSI norms.

o Any amendments to FSI require approval from the concerned


authorities as mentioned above.

5. Tourism Development:

o Development of vacant plots for beach resorts, hotels, or tourism


projects is allowed as per Annexure-III of the notification.
6. Temporary Tourism Facilities:

o Facilities such as shacks, toilets, changing rooms, showers,


walkways, drinking water stations, and seating areas are allowed
on beaches.

o These facilities must be part of an approved Coastal Zone


Management Plan (CZMP) and meet environmental safeguards.

o A minimum distance of 10 meters from the High Tide Line (HTL)


must be maintained.

CRZ-III Regulations (Simplified)

1. Permitted Activities: All activities allowed in CRZ-I B are also


permitted in CRZ-III, wherever applicable.

2. Regulations in No Development Zone (NDZ):

o No new construction is allowed, except:

 Repairs or reconstruction of existing authorized structures


without increasing size or density.

 Facilities essential for permissible activities, including


disaster management and sanitation.

o Permitted activities:

 Agriculture, horticulture, parks, playfields, and forestry.

 Construction of essential facilities like dispensaries,


schools, public rain shelters, community toilets, bridges,
roads, water supply, drainage, sewerage, crematoria,
cemeteries, and electric substations (with CZMA approval).

 Units for domestic sewage treatment with Pollution Control


Board approval.

 Fishing-related infrastructure like fish drying yards, auction


halls, net-mending yards, boat-building yards, ice plants,
and fish curing facilities.

o Tourism Facilities:

 If a national or state highway passes through the NDZ,


temporary tourism facilities like toilets, change rooms,
drinking water stations, and shacks can be set up on the
seaward side.

 On the landward side, hotels and resorts can be built if


included in an approved Coastal Zone Management Plan
(CZMP) and follow Annexure-III guidelines.

 Temporary facilities (shacks, toilets, change rooms, shower


panels, walkways, drinking water stations, seating, etc.)
are allowed on beaches and in the NDZ, maintaining a
minimum 10-meter distance from the High Tide Line (HTL).

o Mining:

 Extraction of atomic minerals, as per the Mining and


Minerals (Development and Regulation) Act, 1957, is
allowed with approval from the Department of Atomic
Energy.

3. Regulations for CRZ-III Areas Beyond NDZ:

o Tourism & Housing:

 Vacant plots in designated areas can be developed for


beach resorts, hotels, or tourism projects per Annexure-III
guidelines.

 Traditional coastal communities, including fishermen, can


construct or rebuild houses, following local town planning
rules (maximum height: 9 meters, only two floors).

 Fishermen can operate homestays without altering the


size, design, or facade of existing houses.

o Public Infrastructure:

 Construction of rain shelters, community toilets, water


supply, drainage, roads, and bridges is permitted.

o Mining:

 Selective limestone mining is allowed above the HTL with


safeguards to prevent coastal erosion and water pollution.

 Atomic mineral mining is permitted under government


regulations.
4. Groundwater Regulations:

o Groundwater extraction is prohibited within 200 meters of


the HTL, except for local community use.

o In the 200–500 meter zone, groundwater withdrawal is only


allowed manually for drinking, agriculture, and fisheries (if no
other water source exists).

o Areas affected by seawater intrusion may have additional


restrictions, but micro-irrigation for horticulture and agriculture
under government schemes is permitted.

5. Airport Development:

o Airports can be developed in wastelands and non-arable lands


within CRZ-III, provided environmental safeguards are
maintained.

CRZ-IV Regulations (Simplified)

CRZ-IV includes coastal waters and the oceanic area up to 12 nautical miles
from the shore. The following activities are permitted and regulated:

1. Traditional Fishing: Local communities can continue fishing and


related activities.

2. Land Reclamation & Bunding: Allowed only for specific purposes


like:

o Ports, harbors, jetties, wharves, bridges, sea links, hover ports,


etc.

o Defence and security projects, including those for the coast


guard.

o Erosion control measures.

o Maintenance and clearing of waterways, channels, and ports.

o Preventing sandbars, installing tidal regulators, stormwater


drains, and structures for freshwater recharge.
3. Waterfront & Foreshore Facilities: Ports, harbors, jetties, erosion
control, breakwaters, pipelines, and navigational safety infrastructure.

4. Renewable Energy: Offshore wind farms, wave energy projects, and


ocean thermal energy conversion.

5. Hazardous & Non-Hazardous Cargo:

o Transfer of hazardous substances from ships to ports.

o Storage of non-hazardous goods (edible oil, fertilizers, food


grains) in designated ports.

6. Effluent Discharge: Treated wastewater discharge facilities must


meet environmental standards.

7. Strategic & Defence Projects: Includes coastal security networks


and coast guard infrastructure.

8. Atomic Energy Projects: Permitted under regulations of the


Department of Atomic Energy.

9. Oil & Gas Exploration: Allowed along with associated infrastructure


and activities.

10. Mining of Atomic Minerals: Permitted under government


regulations.

11. Thermal Power Plant Facilities:

 Allowed for raw material transport, cooling water intake, and treated
wastewater discharge.

 Must comply with environmental regulations from MoEF&CC and


Pollution Control Boards.

12. Pipelines & Transmission Lines: Permitted for transport of


resources and energy.

13. Weather Monitoring Infrastructure: Includes cyclone


monitoring radars and ocean observation platforms.

14. Construction of Memorials & Monuments (In CRZ-IV A –


Exceptional Cases Only):

 Requires State Government to justify location and explore alternative


sites.
 State Coastal Zone Management Authority (SCZMA) must review and
recommend the project to MoEF&CC.

 Requires Environmental Impact Assessment (EIA) and public hearing


unless MoEF&CC exempts it due to no human habitation or
resettlement concerns.

Coastal Zone Management Plan (CZMP) & CRZ Clearance

6. Coastal Zone Management Plan (CZMP)

1. Revision & Update

o All coastal states and Union Territories must update their CZMPs
in line with this notification.

o Until updated, the CZMP under the 2011 CRZ Notification


remains applicable.

2. Preparation & Consultation

o States/UTs must engage reputed scientific institutions (e.g.,


NCSCM) for CZMP preparation.

o Stakeholder consultation is required.

3. Mapping & Classification

o Draft CZMPs must use 1:25,000 scale maps to classify CRZ


areas.

o Public consultation is mandatory.

4. Approval Process

o Draft CZMPs must be submitted to the Coastal Zone


Management Authority (CZMA) for review.

o The Ministry of Environment, Forest, and Climate Change


(MoEF&CC) will approve the final CZMP.

5. Revision Timeline

o CZMPs can only be revised after five years unless necessary.

7. CRZ Clearance for Projects


1. Mandatory CRZ Clearance

o All regulated/permitted projects in CRZ areas must obtain


clearance before starting.

2. CRZ-I & CRZ-IV Projects

o MoEF&CC grants CRZ clearance after CZMA


recommendations.

3. CRZ-II & CRZ-III Projects

o CZMA handles approvals for projects in these zones.

o If a project spans CRZ-I or CRZ-IV, MoEF&CC will review it.

4. Composite EIA & CRZ Clearance

o Projects requiring both EIA & CRZ clearance will undergo a


combined approval process.

o SEIAA (State Environmental Impact Assessment


Authority) will handle Category B projects.

o MoEF&CC will handle Category A projects.

5. Small-Scale Construction Projects

o If a building project is below the EIA threshold, the local


planning authority will approve it.

o CZMA recommendations are required before approval.

6. Self-Dwelling Units (≤300 sq.m.)

o Local authorities can approve without CZMA


recommendations.

o However, they must ensure CRZ regulations are followed.

ChatGPT said:

Procedure for CRZ Clearance for Permissible and Regulated


Activities

1. Application Process for CRZ Clearance


Project proponents must apply to the State/UT Coastal Zone
Management Authority (CZMA) with the following documents:

 Project Summary (Annexure-V of the notification).

 Rapid Environmental Impact Assessment (EIA) Report, including


marine and terrestrial components (except for building construction or
housing projects).

 Comprehensive EIA & Cumulative Studies for projects in low and


medium eroding stretches (not required for small building projects
under EIA Notification, 2006).

 Risk Assessment & Disaster Management Plan (not required for


small building projects under EIA Notification, 2006).

 CRZ Map (Scale: 1:4000), prepared by MoEF&CC-approved agencies,


using HTL/LTL demarcation by NCSCM.

 Project Layout Superimposed on CRZ Map, showing project


boundaries and CRZ category.

 CRZ Map Covering 7km Radius around the project, indicating CRZ-
I, II, III, and IV areas.

 Consent to Establish/No Objection Certificate (NOC) from the


State Pollution Control Board (SPCB) or Pollution Control
Committee (PCC) (for projects involving effluent discharge).

If prior SPCB/PCC consent is missing, it must be obtained before construction


begins.

2. Review & Recommendations by CZMA (Within 60 Days)

The Coastal Zone Management Authority (CZMA) will review the


application and:

 For projects requiring both EIA & CRZ clearance:

o Recommend Category ‘A’ projects to MoEF&CC.

o Recommend Category ‘B’ projects to SEIAA (except those in


CRZ-I or CRZ-IV, which require MoEF&CC approval).

 For projects only requiring CRZ clearance:


o If in CRZ-I or CRZ-IV, CZMA forwards recommendations to
MoEF&CC.

o If in CRZ-II or CRZ-III, CZMA grants clearance directly within 60


days.

 For construction projects under EIA threshold, CZMA


recommends clearance to State/UT Planning Authorities.

3. MoEF&CC Final Decision (Within 60 Days)

MoEF&CC grants clearance based on CZMA recommendations.

If CZMA is non-functional (due to reconstitution or other reasons), the


State/UT Department of Environment is responsible for reviewing and
recommending proposals.

4. Validity & Extension of CRZ Clearance

 Valid for 7 years, if construction & operations commence within this


period.

 Can be extended for up to 3 more years, if the application is


submitted within the original validity period.

5. Post-Clearance Monitoring & Transparency

 Mandatory Half-Yearly Compliance Reports

o Submitted in hard & soft copies to the regulatory authority on


June 1st and December 31st.

o Reports must be published publicly and made available upon


request.

o Compliance reports should be displayed on the regulatory


authority’s website.

 Transparency Measures

o CZMA must maintain a dedicated website with:

 Agenda, Minutes, Decisions, Clearances


 Violations & Actions Taken

 Court Orders & Approved CZMPs

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