Page 23 - Discussion Paper - Restructuring the Environmental Governance Architecture for India
P. 23
DISCUSSION PAPER

instructions to Motor Vehicle Registration cumulative/regional level assessments
authorities regarding enforcement of and carrying capacity estimations. It may
emission standards which may be laid be noted here that the NEP 2006 in para
down by the SEMA but shall not be lower 5.1.3 states that EIA will continue to be
than the national standards. the principal methodology for appraising
»» SEMA would perform the functions and reviewing projects and that the Policy
presently envisaged for the SEIAA, with would “..encourage regulatory authorities,
the State Government setting up Expert Central and State, to institutionalize
Appraisal Committees (EAC). This would regional and cumulative environmental
be subject to SEMA meeting institutional impact assessments (R/CEIAs) to ensure
standards set by the Central Government that environmental concerns are identified
in consultation with NEMA under the EP and addressed at the planning stage itself”.
Act; if SEMA fails to meet these standards »» Individual projects would normally
at any time, the Central Government be appraised by SEMA, perhaps in
should be empowered to entrust the consultation with NEMA for the
work to NEMA, till SEMA satisfies the identified districts/basins/environmental
requirements of the standard. units. The only individual projects to
»» SEMA would also suo moto or on the be appraised/cleared by NEMA should
direction of the Central Government be those strategic in nature (nuclear,
(on the advice of NEMA), conduct defence, space, etc.) or projects located
regional appraisals and regional impact near or having potential impacts on sites
assessment so as to enable issue of national/international heritage or
guidelines (including ” go no-go” economic/ecological/cultural value and
advisories) for various purposes, as well mega projects or projects spanning more
as declaration of eco-sensitive zones and than one State, e.g., river-linking, cross-
protected areas. As mentioned earlier, country pipelines, raillinks, etc. To provide
the EP Act should provide for integrated a greater level of comfort, particularly in
appraisals (encompassing forests, the initial period when expertise will be
wildlife, biodiversity, climate change, and evolving, operational oversight could be
all other environmental aspects) provided to SEMA in the form of accord
»» EP Act should also provide for a summary by NEMA of “prior approvals” to the ToR
Social Impact Assessment to be carried out for environmental impact assessments in
simultaneously with Environmental Impact specified categories of cases where the
Assessments, since the two are closely potential impacts are perceived as being
linked and are best resolved in an iterative significantly higher.
manner. The combined assessment »» SEMA, like SPCB, should continue to grant
would be a Socio-Environmental Impact consents in a manner similar to consent
Assessment (SEIA). under Air and Water Acts. SEMA (subject
»» Provision should be made for District to directions of the State Government)
SEIA to be prepared for districts/ may be empowered to give directions
basins/environmental units identified as for closure, regulation, operation, etc.,
being vulnerable/sensitive or likely to and stoppage or regulation of electricity,
experience substantial environmental water or any other service.
impacts of development activity. The »» The Annual Report of NEMA shall be laid
assessments may be done by the State before Parliament, and the Annual Report
Government or an agency identified by of SEMA shall be laid before the State
it, so as to provide a baseline and enable Legislature.

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