THE ENVIRONMENTAL IMPACT ASSESSMENT NOTIFICATION – 1994
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 directed that on and from the date of publication of this notification in the Official Gazette expansion or modernization 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.
[After public litigation in the Supreme Court on Dehradun Limestone Mines in Uttaranchal, the consciousness arose on environmental protection in mining industry in India. Meanwhile Govt. of India brought out number of legislations like Forest (Conservation) Act, Environment (Protection) Act and Rules in eighties. But the submission of EIA/EMP to ministry of Environment and Forest (MOEF) was limited to large public sector projects only as per administrative order. Environmental clearance has now become statutory obligation for all medium and large projects and mines of major minerals having area more than five Hectares as per the notification under E.P. Act in May-1994.]
Based on the directives given by the Department of Environment (DOE), every project report for a new mining venture is now required to contain a chapter on the “Environment Impact Statement” or “Environment Impact Assessment”. The project can not be undertaken unless all the implications of a possible environmental pollution and eco-degradation are appraised, and the proposal for environmental management of mining and ancillary operations is cleared by a high level inter-disciplinary Environmental Appraisal Committee. Without EIA clearance, the Planning commission does not clear funds for the public sector projects.
