Thread by @yamunajiye

#Demystifying #EIANotification Part III (Cont)
Today we deal with #Appraisal.
#Expert appraisal of a #ProjectProposal by d #Competent Authority (CA) to determine whether a Project deserves to b granted/rejected an #EnvironmentClearance (EC) is essence of #EIANotification.

The @moefcc as d CA was conscious of d fact since #EIA1994 that it wud in-house not possess necessary expertise to assess d different kinds of #projectproposals that come its way & hence provided that:

"The reports submitted with d application shall be evaluated+

& assessed by d 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."
Later #EIA2006Notification created standing committee of Experts to be called as+

Expert Appraisal Committee, #EAC at the central level & State/UT level Expert Appraisal Committee, #SEAC at d state/UT level & later a District level Expert Appraisal Committee, #DEAC at d district level.
So while in 1994 an expert consultation by the decision maker+

namely d central govt & state govt was iffy, it was made mandatory in #EIA2006 & now in d #draftEIA2020.
It may b noted that these expert committee's r #not advisory in nature but r invested with an authority to appraise & recommend acceptance/rejection of a project proposal

#EIA2006 & #draftEIA2020 provide that
"#Appraisal means d detailed scrutiny by d #EAC or #SEAC of d application & other documents like d Final EIA report, outcome of d public consultations including public hearing proceedings submitted by d applicant to d regulatory authority+

+concerned for grant of environmental clearance. This appraisal shall be made by #EAC or #SEAC concerned in a transparent manner in a proceeding to which d applicant shall be invited for furnishing necessary clarifications in person or through an authorized representative.

On conclusion of this proceeding, the #EAC or #SEAC concerned shall make categorical recommendations to d regulatory authority concerned either for grant of prior environmental clearance on stipulated terms & conditions, or rejection of d application for+

prior environmental clearance, together with reasons for d same".
It is also provided that:
"The regulatory authority shall normally accept d recommendations of d #EAC or #SEAC concerned. In cases where it disagrees with d recommendations of d #EAC or #SEAC+

d regulatory authority (which is central govt and #SEIAA in case of state) shall request reconsideration by d #EAC or #SEAC concerned within forty five (45) days of d receipt of d recommendations of d #EAC or #SEAC concerned while stating d reasons for d disagreement.

The decision of d regulatory authority after considering d revised views of d #EAC or #SEAC shall be final. Clearly any deviation from this process by d regulatory authority shall be illegal it being against d provisions of d #EIANotification.

This is d reason why we hold that d #CWGvillage in #Yamuna is illegal even today. The #EAC had first recommended change of d site. Then #EAC recommended construction of only #temporary structures to be #dismantled post d event so that d river bed cud b returned to d river.

But d regulatory authority namely @moefcc never went back to d #EAC & released an #EC to d PP which permitted construction of permanent nature?

There has been dilution in d qualifications of chairmanship/membership to d Expert Committee between #EIA1994 & #EIA2006 & #EIA2020.

Qualifications like an expert in Ecology; Environmental health; Ecosystem management; Landuse planning etc which had been mentioned in #EIA1994 Notification were dropped & generalist qualifications like University degree or disciplines like Environment Quality, EIA process, +

Environmental Economics etc were brought in. This change permitted entry of retired bureaucrats into d #EAC & #SEAC & compromised unbiased assessments by true experts & ecologists or environmentalists. Often glaring #ConflictOfInterests amongst

the #EAC or #SEAC chairman/members hv been found & reported.

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@Jairam_Ramesh

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