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40. 1.4 236() AT 16 T, 2020 | MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 17th February, 2020 S.0. 751(E)—WHEREAS, the Central Government in the erstwhile Ministry of Environment and Forests, in exercise of its powers under 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 has published the Environment Impact Assessment Notification, 2006 (hereinafter referred to as the EIA Notification, 2006) vide number S.0.1533 (E), dated the 14" September, 2006, mandating Prior Environmental Clearance for certain category of projects; AND WHEREAS, the Prior Environmental Clearance process involves four stages namely, screening; scoping; public consultation; and appraisal. The scoping is the process to determine detailed and comprehensive Terms of Reference (hereinafter referred to as ToR) addressing all relevant environmental concerns for the preparation of an Environmental Impact Assessment and Environment Management Report in respect of the project or activity for which Prior Environmental Clearance is sought; AND WHEREAS, in order to streamline the process of scoping and bring the uniformity across the proposals, as a standard operating procedure, the Ministry has developed sector specific Standard Terms of References for all 39 class of projects or activities listed in the Schedule to the EIA Notification, 2006; AND WHEREAS, the Expert Appraisal Committee constituted under the provisions of EIA Notification, 2006 can modify standard ToR and prescribe additional ToR based on examination of alternative sites proposed and the project specific requirements in respect of green field projects or activities; AND WHEREAS, to expedite the process of granting standard Terms of Reference (ToR) in respect of expansion proposals and projects located within notified Industrial Estates, where there is no examination of alternative sites involved, the Ministry proposes to introduce the concept of issuance of an online Standard Terms of Reference (ToR) after acceptance of the proposal in Form-1 by the Regulatory Authority, automatically through the web portal developed by the Ministry to the Project Proponent; AND WHEREAS, a draft notification further to amend the EIA Notification, 2006 was published 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 vide number S.0. 4085 (E), dated the 11" November, 2019, inviting objections and suggestions from all persons likely to be affected thereby, within a period of sixty days from the date on which copies of Gazette containing the said notification were made available to the public; AND WHEREAS, copies of the said notification were made available to the public on 13" November, 2019; AND WHEREAS, no objections or suggestions were received in response to the abovementioned draft notification; 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 makes the following further amendments in the EIA Notification, 2006, namely:- LHU 11—9vs 3(1) | HILT D OATHA S In the said notification, in paragraph 7, in sub-paragraph 7(i), for sub-heading II Stage (2)-Scoping and entries relating thereto, the following shall be substituted, namely:- “II. Stage (2)-Scoping:
(i) “Scoping” refers to the process to determine detailed and comprehensive Terms of Reference (ToR) addressing all relevant environmental concerns for the preparation of an Environmental Impact Assessment and Environment Management Report in respect of the project or activity for which Prior Environmental Clearance is sought.
(ii) All projects or activities listed under Category “B2” of the schedule shall not require Scoping.
(iii) Sector specific Standard Terms of References developed by the Ministry of Environment, Forest and Climate Change, from time to time shall be displayed on its website.
(iv) The Standard Terms of References shall be issued to the following projects or activities through online mode, on acceptance of application within 7 working days, without referring to EAC or SEAC by the Ministry or SEIAA, as the case may be:
(a) All Highway projects in Border States covered under entry (i) and (ii) of column (3) and (4) against item 7(f) of the Schedule;
(b) All projects or activities proposed to be located in industrial estates or parks (item 7(c) of the Schedule) approved by the concerned authorities, and which are not disallowed in such approvals; and
(c) All expansion proposals of existing projects having earlier Prior Environmental Clearance:
Provided that EAC or SEAC may recommend additional specific Terms of Reference in addition to the Standard ToR, if found necessary, for a project or activity, within 30 days from the date of acceptance of application.
(v) All new projects or activities other than specified in sub-paragraph (iv) above, shall be referred to the EAC or SEAC by the Regulatory Authority, as the case may be, within 30 days from the date of application, for recommending the specific ToR in addition to the Standard ToR, deemed necessary. In case, the regulatory authority does not refer the matter to the EAC or SEAC, as the case may be, within 30 days of date of application in Form-I, sector specific Standard ToR shall be issued, online, on 30" day, by the Regulatory Authority.
(vi) Applications for Terms of Reference may be rejected by the regulatory authority concerned on the recommendation of the EAC or SEAC concerned. In case of such rejection, the decision together with reasons for the same after due personal hearing shall be communicated to the applicant in writing within sixty days of the receipt of the application.
(vii) The project proponent shall prepare the EIA report based on the sector specific Standard ToR as well as additional specific ToR, if any, stipulated by the EAC or SEAC.
(viii) The Terms of Reference for the projects or activities except for River valley and Hydroelectric projects, issued by the regulatory authority concerned, shall have the validity of four years from the date of issue. In case of the River valley and Hydro-electric projects, the validity will be for five years. [F. No. 22-1/2019-IA.1IT] GEETA MENON, Jt. Secy.
Note : The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number S.0. 1533(E), dated the 14™ September, 2006 and subsequently amended vide the following numbers: -
1. S.0. 1949 (E) dated the 13" November, 2006;
2. S.0.1737 (E) dated the " October, 2007;
3. S.0.3067 (E) dated the 1 December, 2009;
4. S.0.695 (E) dated the 4™ April, 2011; 1HE GALEL LE UF INUIA | EA1IKAUKDINAK Y LFAK 1 L1I—>EC. 5(11)] S.0. S.0. S.0. S.0. S.0. S.0. S.0. S.0. S.0. S.0. S.0. S.0. S.0. S.0. 156 (E) dated the 25" January, 2012; 2896 (E) dated the 13" December, 2012; 674 (E) dated the 13" March, 2013; . 2204 (E) dated the 19" July, 2013; S.0. S.0. 2555 (E) dated the 21* August, 2013; 2559 (E) dated the 22™ August, 2013; . 2731 (E) dated the o September, 2013; S.0. S.0. S.0. S.0. S.0. 562 (E) dated the 26" February, 2014; 637 (E) dated the 28" February, 2014; 1599 (E) dated the 25" June, 2014; 2601 (E) dated the 7" October, 2014; 2600 (E) dated the 9" October, 2014; . 3252 (E) dated the 22" December, 2014; S.0. 382 (E) dated the 3™ February, 2015; . 811 (E) dated the 234 March, 2015; . 996 (E) dated the 10™ April, 2015; S.0. S.0. S.0. S.0. 1142 (E) dated the 17" April, 2015; 1141 (E) dated the 29" April, 2015; 1834 (E) dated the 6" July, 2015; 2571 (E) dated the 31* August, 2015, . 2572 (E) dated the 140 September, 2015; S.0. S.0. 141 (E) dated the 15" January, 2016; 648 (E) dated the 3rd March, 2016; . 2269(E) dated the st July, 2016; S.0. S.0. 2944(E) dated the 14" September, 2016; 3518 (E) dated 23" November, 2016; . 3999 (E) dated the 9" December, 2016; s.0. s.0. 4241(E) dated the 30™ December, 2016, 3611(E) dated the 25" July, 2018; . 3977 (E) dated the 14" August, 2018; S.0. S.0. 5733 (E) dated the 14th November, 2018; 5736 (E) dated the 15th November, 2018; . 5845(E) dated the 26th November, 2018; S.0. S.0. 345(E) dated the 17th January, 2019; 1960(E) dated the 13th June, 2019; and . 236(E) dated the 16" January, 2020. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.