Environmental Impact Assessment: A Crucial Tool for Sustainable Development

Introduction

Developmental activities rely heavily on natural resources, using them as raw materials and disposing of waste into the environment. The detrimental effects are evident in deteriorating air quality, soil degradation, and polluted water bodies. Recognizing the need for sustainable development and optimal resource use, it is imperative to integrate environmental considerations into the planning, designing, and implementation of development projects. These considerations ensure that the benefits of development are both environmentally and socially sound and sustainable. In India, policies and procedures increasingly emphasize environmental protection and sustainable development.

Need for Environment Impact Assessment

Every human activity impacts the environment, yet these activities are essential for food, security, and other needs. The Environment Impact Assessment (EIA) is a crucial tool for planners to balance development with environmental conservation. Principle 17 of the Rio Declaration (1992) mandates that states undertake EIA for activities likely to have significant adverse environmental impacts, requiring approval from competent national authorities. EIA's objective is to foresee potential environmental problems arising from a project and address them in the planning and design stages.

Meaning of Environment Impact Assessment

The International Association for Impact Assessment defines EIA as "the process of identifying, predicting, evaluating, and mitigating the biophysical, social, and other relevant effects of development proposals prior to major decisions being taken and commitments made."

Origin of Environment Impact Assessment

The EIA technique originates from the 'precautionary principle,' which requires refusing consent for developmental activities that pose serious or irreversible environmental damage. The principle mandates obligatory EIA for activities likely to have significant adverse effects. If EIA reveals serious threats, the competent authority must withhold approval. Furthermore, EIA should be continuous, assessing environmental effects throughout the project's operation.

Criticism of Environment Impact Assessment

Despite its importance, EIA faces several criticisms:

Some projects with significant environmental impacts are exempted from EIA requirements due to not being listed in Schedule I or having lower investment thresholds.
There is a lack of comprehensive ecological and socio-economic indicators for impact assessment.
Public hearings are often conducted late, leading to conflicts at advanced project stages.
Several significant projects are excluded from mandatory public hearings.
There is no accreditation for EIA consultants, allowing consultants with fraudulent records to escape liability.
Mitigation measures' effectiveness and implementation details are often insufficient.

Case Law: M.C. Mehta v. Union of India (AIR 1987 SC 695)

Supreme Court emphasized the need for ElA in the following words:—

"We would, therefore, suggest that a High Powered authority should be set-up by the Government of India in consultation with the central board for overseeing functioning of hazardous industries with a view to ensuring that there are no defects or deficiencies in the design structure or quality of their plant and machinery, there is no negligence in maintenance and operation of the plant and equipment and necessary safety devices and instrument are installed and are in operation and proper and adequate safety standards and procedures are strictly followed".

Conclusion

The conclusion of an EIA should be clear and concise, covering the following points:

Restate the Project: Briefly remind the reader of the proposed project and its goals.
Summarize Impacts: List the identified environmental impacts, both positive and negative, focusing on significant ones.
Mitigation Measures: Explain proposed measures to reduce or eliminate negative impacts.
Residual Impacts: Discuss any remaining impacts post-mitigation and assess their significance.
Overall Assessment: Provide an overall assessment of the project's environmental acceptability, weighing benefits against environmental costs.
Monitoring Plan: Mention plans for monitoring environmental impacts during construction and operation.

By effectively utilizing EIA, planners can ensure that developmental activities are sustainable, balancing progress with environmental protection.

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Article Compiled by:-

Prerna Yadav

(LegalMantra.net Team)

Disclaimer: Every effort has been made to avoid errors or omissions in this material in spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition In no event the author shall be liable for any direct indirect, special or incidental damage resulting from or arising out of or in connection with the use of this information Many sources have been considered including Newspapers, Journals, Bare Acts, Case Materials , Charted Secretary, Research Papers etc.