1. Environmental Impact Assessment
in India
Legal framework and
Role of the Green Tribunal
3rd November 2011
AMITY Law School Valé
Valérie BERLAND
Noida, India
Noida, Founder, Aagati Consulting
Founder,
France/
nce/India
France/India

2. Origin of environmental concern in India
Indian Constitution, 1950
Article 21
Protection Of Life And Personal Liberty
Article 48A
Protection and improvement of environment and safeguarding of forests and wildlife
safeguarding
Article 51A (g) Fundamental duties of every citizen of India
“To protect and improve the natural environment including forests, lakes, rivers and wild
life”
(Stockholm)
United Nations Conference on the Human Environment, 1972 (Stockholm)
Taking appropriate steps for the protection and improvement of human environment
(Rio
United Nations Conference on Environment and Development, 1992 (Rio de Janeiro)
Calling the States to develop national laws regarding liability and compensation for the
victims of pollution
Ancient tradition

3. Legislative framework and Environmental Policy
Comprehensive legal framework for dealing with environmental issues relating to forests,
biodiversity, water, air...
Core legislations :
The Environment (Protection) Act 1986 (“EPA”);
(“EPA”
The National Green Tribunal Act, 2010;
Water (Prevention and Control of Pollution) Act, 1974 (“Water Act”);
The Air (Prevention and Control of Pollution) Act, 1981 (“Air Act”);
The Wildlife (Protection) Act; 1972,
The Public Liability Insurance Act, 1991;
The Forest (Conservation) Act, 1980;
National Environment Policy, 2006 (NEP)

4. Administration/Enforcement
Administration/Enforcement of environmental laws
Ministry of Environment and Forest (MoEF) – nodal agency of the Government of India
(MoEF
MoEF)
regulating and ensuring environmental protection;
formulating the environmental policy framework in the country;
undertaking conservation & survey of flora, fauna, forests and wildlife; and
planning, promoting, co-ordinating and overseeing the implementation of environmental
and forestry programmes.
CPCB = Central Pollution Control Board – statutory authority attached to the MoEF
SPCB = State Pollution Control Board
prevention and control of industrial pollution
various authorizations from PCB are required prior to starting operate an industry under
the Water Act, Air Act, etc.
The courts are responsible for enforcing environmental laws
National Green Tribunal since July 2011

5. Act,
Environment (Protection) Act, 1986 (EPA)
An Act to provide for the protection and improvement of environment
and for matters connected therewith
“ENVIRONMENT” includes water, air and land and the inter relationship which exists
ENVIRONMENT”
among and between water, air and land and human beings, other living creatures, plants,
micro-organism and property’
Central Government has the power to take all measures for the purpose of protecting and
improving the quality of the environment and preventing, controlling and abating
environmental pollution

6. Origin of the EIA
Environment (Protection) Act, 1986
Environment (Protection) Rules, 1986
Restriction on industrial location, operations or processes
Set specific standards to restrict the amount of pollutants emitted by industrial
operations
EIA Notification, 1994
EIA Notification, 2006
Construction of new projects or activities or the expansion or modernization
of existing projects or activities listed in the Schedule to the notification
entailing capacity addition with change in process and or technology shall
be undertaken in any part of India only after the prior environmental
clearance from the Central Government or by the State Level Environment
Impact Assessment Authority.

7. EIA Notification, 2006
A management tool for ensuring optimal use of natural resources for a sustainable
development.
Environmental Impact Assessment in the basis on which an environmental clearance can
be obtained
Objective: To control the development of industrial activities following the principles of
sustainable development
Applicability
Mining, extraction of natural resources and power generation
Primary processing
Materials production (ex: cement plant)
Materials processing (ex: petroleum refining industry)
Manufacturing/ Fabrication (ex: chemical fertilizers, distilleries)
Services sector (ex: oil & gas transportation pipe)
Infrastructures (ex: airports, ports, highways)
Building/ Construction projects/ Area Development projects and Townships

8. EIA Notification, 2006
Objectives of an EIA
Undertaken by the project proponent
Carried out by agencies : newly accredited environmental consultancy firms
NABET (National Accreditation Board for Education and Training) is the first organization
in the world to offer registration of consultant organizations in various conformity
assessment areas
The Environment Impact Assessment (EIA) Consultant registration is the first of its kind in
the world
Areas studied in an EIA: land, water, vegetation, fauna, air, aesthetic, socio economic
aspects, etc.
Based on primary and secondary environmental data

9. Example:
Example: Ports and Harbours
2 categories:
based on the spatial extent of potential impacts and potential impacts on human health
and natural and man made resources
These activities require prior EC from:
Central EIA Authority for category A
State EIA Authority for category B

10. EC process
SCREENING
FORM 1
SCOPING
TOR
PUBLIC
CONSULTATION
EIA
REPORT
APPRAISAL
4 stages main
documents

11. To make the clearance
effective…
process more effective…
Problems related to the EIA method
Which solutions?
Institutionalize regional and cumulative environmental impact assessments
assessments
Assess the potential for chemical accidents
ssess
Projects involving large-scale diversion of prime agricultural land would require
large-
environmental appraisal
Encourage clustering of industries

12. effective…
To make the clearance process more effective…
Restrict the diversion of dense natural forests and areas of high endemism of genetic
resources
Ensure provision for environmental restoration after decommissioning of industries and
decommissioning
institutionalize a system of post-monitoring of such projects
Formulate codes of “good practices” for environmental management for different
practices”
categories
Representation of non-government organizations in the committee of experts
Opposition to centralization of EIA by the establishment of environmental courts that will
examine the impact and resolve the disputes in appeal

13. Rights to appeal against the decision
of the MoEF not to grant EC
Any person who owns or has control over the project with respect to which an
application has been submitted for environmental clearance and is aggrieved
by an order for the same, may within 30 days from the date of such order,
prefer an appeal to the Authority
Authority.
The regulations dealing with the grant of licences/authorisations include provisions for
appeal where:
licences/permits are not granted by the concerned authority; or
against any onerous conditions contained in the licences/permit.
The appeal lies to the higher authority within 30 days from the date of the order against
which the appeal is to be filed
Case of the Navi Mumbai Airport

14. Violation of permits
Enforcement powers of environmental regulators
The Indian regulatory framework recognizes civil and criminal liability that can arise from
breach of environmental laws and/or permits.
Most situations of non compliance are governed by civil sanctions
Criminal processes and sanctions would be available for serious infringements of
environmental law (“public nuisance”).
In case of enforcement of civil liability the aggrieved person is entitled to
(i) a common law tort action against the polluter;
(ii) in the event of damage from hazardous industry accident an application for
accident,
compensation under Public Liability Insurance Act, 1991 and the National Green Tribunal
Act, 2010

15. National Green Tribunal
The National Green Tribunal Act (NGT) was established in 2010 under India's
constitutional provision of Article 21, which assures the citizens of India, the right to a
healthy environment
An Act to provide for the establishment of a National Green Tribunal for the
environmental
effective and expeditious disposal of cases relating to environmental
protection and conservation of forests and other natural resources including
enforcement of any legal right relating to environment and giving relief and
compensation for damages to persons and property and for matters connected
therewith or incidental thereto.
Began functioning on 4th July 2011 with the initial support of the MoEF
Headquartered in Delhi, the tribunal has four circuit branches in Bhopal, Pune, Kolkata
and Chennai

16. National Green Tribunal
Why has it been created ? Other courts: no expertise, overloaded, time lines
The Tribunal has dedicated jurisdiction over all civil cases in respect of environment-
environment-
related cases and shall provide speedy environmental justice and help reduce the burden
of litigation on the higher courts
Disposal within 6 months
NGT shall be guided by principles of natural justice
The tribunal consists of:
One Chairperson
(appointed by Central Government in consultation with the Chief Justice of India)
10 to 20 full time Judicial Members
(Judges of the Supreme Court of India, Chief Justice of a High Court)
10 to 20 full time Experts Members
(Experts with a Master or Doctorate Degree along with 15 years experience)

17. National Green Tribunal
The Tribunal will provide:
Relief and compensation to the victims of pollution and other environmental damage
For restitution of property damaged
For restitution of the environment for such areas
Recently, the MoEF, based on the findings of the Tribunal, had cancelled
environmental clearance granted to projects such as the Goa-based iron mine of the
Vedanta Group

18. Green Tribunals around the world
Across US & Europe, the adjudication of environmental disputes is being done the
traditional way i.e. through normal courts with designated environmental benches
India is playing a leading role in Asia with its NGT being the most comprehensive and
promising among the specialized environmental Courts created in Asia over the last
decade
The most important feature of the NGT is that it has equal judicial and technical
members giving strong scientific expertise to environmental adjudication
The NGT has been set up primarily as a reform initiated by the Supreme Court of India
Confirms the commitment of the Indian legal system to environmental protection
i.e. significant growth in the access of Indian citizens to environmental justice
environmental

19. THANK YOU FOR YOUR ATTENTION
Valerie BERLAND
Founder, Aagati Consulting
Email: valerie.berland@aagati.com
Website: www.aagati.com