A SEMINAR REPORT ON

PUBLIC PARTICIPATION IN ENVOIRNMENT IMPACT ASSESSMENT

BY POOJA SOMANI

VEERMATA JIJABAI TECHNOLOGICAL INSTITUTE H R Mahajani Road, Matunga, Mumbai- 400019, India

PUBLIC PARTICIPATION IN ENVOIRNMENT IMPACT ASSESSMENT

The term Environment Impact Assessment (EIA) refers to the anticipation of various impacts a project will have on the environment and the local community. It is a decision making tool, which guides decision makers in taking appropriate decisions prior to sanctioning clearance. The EIA Notification falls within the umbrella act The Environment Protection Act, 1986 EIA in India In 1984 the nation was shocked by the gas leak tragedy in Bhopal, known to be the worst industrial disaster recorded in history. Till 1994, environmental clearance from the Union government was an administrative decision and lacked legislative support. A stunned Indian government then set up the EPA under which a notification was passed in 1994 to make EIA mandatory for certain projects. Then the scope of EIA is further extended in January 1994, by the amendments in the act. Later, in September 2006, a new EIA notification was passed, which decentralized the environmental clearance process (so that some projects now need central clearance from MoEF, and some need clearance at the state level. According to this notification, the environmental clearance process for new and expansion projects will comprise a maximum of four stages, all of which may not be applicable to all projects. These are:

Screening Scoping Public consultation and Appraisal

The EIA process makes some level of intervention by stakeholders possible where comes in the role of public. However in the EIA process, the public hearing (or public consultation) stage is the only stage where there is some scope for intervention by local communities. What is Public Participation? A process by which civil society and governments interact and influence development policies and programs. The process implies the involvement and commitment of all stakeholders in efforts to solve common problems and shape a more desirable future in the context of sustainable development

Philosophy behind Public Participation Environmental issues are best handled with the participation of all concerned citizens at the relevant levels full and effective participation of women, tribal groups people, and other traditionally marginalized groups is essential to achieve SD Proactive role of public affirms that responsible civil society participation in partnership with government is a reflection of good governance The strength and meaning of representative democracy lie in the active participation of individuals at all levels of civil life Environmental issues are best handled with the participation of all concerned citizens at the relevant levels full and effective participation of women, tribal groups people, and other traditionally marginalized groups is essential to achieve SD Proactive role of public affirms that responsible civil society participation in partnership with government is a reflection of good governance The strength and meaning of representative democracy lie in the active participation of individuals at all levels of civil life Degrees of Public Participation The extent of public participation can range from the most basic, i.e., providing information to the public, to the most active form, shared decision-making. Since there are different faces of the public, it is not assumed that only one degree of public participation is in operation at any given time; rather, several degrees can be in use simultaneously Objectives of Public Participation Providing information Identifying problems Receiving ideas for resolving problems Eliciting comments about existing ideas Obtaining local or specialized knowledge Increasing public trust Avoiding conflict Assessing impacts of the proposed policy

What does Public Participation do? Educates and Informs the public about the project/activity Improves the quality of decision-making, both by channeling additional ideas and expertise into process -via incorporating public values into decision making proposals are put to the test of public scrutiny increased trust in institutions By involving civil society in decision making process, the level of public support for development activity is increased-implementation of final decision is more effective Transparency and participatory policy-making improves the sustainability of development Reduces conflicts and achieves cost-effectiveness Elements of Public Participation Access to information- information on relevant to policy formulations, performance of regulated entities, EIAs and other important information Access to decision- making processes- process of making policies, laws and regulations and those of granting permits, limits and other condition Access to justice- access to courts administrative appeals and other relevant decision-making bodies/tribunal Principle of Access to Information Information is accessible unless it falls within one of the grounds of refusal information should be provided in the form requested response to request should be made within a reasonable time denials shall be in writing with reasons with in a time-frame Grounds For Refusal Authority does not have information request is unreasonable or overtly general Disclosure would affect: confidentiality of the proceedings of public authority internal relations, national defense, public security confidentiality of commercial or industrial information

confidentiality of personal data

Principle of Access to Decision Making Notice that a decision will be made notice in sufficient time to inform the public & for the public to prepare & participate in decision making process sufficient time-frame for decision making to allow effective participation written decision stating the reason behind consideration of public input in the final decision Principle of Access to Justice Access to independent & impartial review body decision of the review body should be binding final decision should be in writing & publicly accessible process is timely & inexpensive procedures to be written down in a formal manner Type of Action To seek review of a denial of a request for information to challenge the substantial and procedural legality of a specific environmental decision act or a concession by an authority to enforce a substantive environmental law What is needed to make PP Effective? Expand legal and regulatory avenues for participation at all levels encourage and support institutional policies, procedures and structures that provide for PP at all levels create opportunities for government-civil society, and the institutions/organizations of civil society to communicate and exchange information build and strengthen the capacities of individuals, governments at all levels to participate responsibly in the process of decision making foster financial mechanism to support PP establish, strengthen and expand fora for consultation that lead to transparent and responsible participation.

Obstacles to Public Participation Inadequate legal frameworks for participation at several levels of government lack of institutional mechanism and structures for pp in decision making lack of information and or ineffective forms of communication and exchange of information tendency to exclude the culture of participation from education and training efforts Insufficient or poorly targeted funding support to PP process Lack of effective fora for dialogue and the inclusion of public input in decision making Preparing a Public Participation Plan Determine the objectives Identify involved and affected parties Identify constraints and opportunities in terms of funding and time Identify appropriate techniques Identify traditional authority structures and decision-making processes Ensure sufficient return of response Develop mechanisms for taking the results of public participation into account Techniques for Promoting Public Participation Public hearings Forum/advisory committees Interviews Questionnaires Small structured discussion groups Dissemination of information through the media Printed materials Opinion polls Seminars Workshops

 Websites Creating lines of consultation Conflict resolution Referendum Public Participation Indian Scenario Under Provision of EP Act Part of EIA notification dated April 10, 1997 Public Hearing Mandatory for 29 categories of Projects EIA amendment notification of 2006 Categories of Industries needing Public Hearing Nuclear power and related projects River Valley Projects -Hydel power, major irrigation Ports, Harbours, Airports Petroleum Refineries Pesticides Chemical fertilizers Petrochemical including intermediaries-LLPDE, HPDE,PVC,PP etc Thermal power plants Mining Projects Highway Projects Tarred Road in Himalayas Forest areas Bulk drugs & Pharmaceuticals Petroleum Refineries Pesticides Chemical fertilizers Exploration for oil and gas and their production, transportation and storage Synthetic Rubber Asbestos and Asbestos products Distilleries Raw skin and Hides

 Pulp, Paper and newsprints Dyes Cement Foundries Electroplating Hydrocyanic Acid & derivatives Primary Metallurgical industries, Elec. Arc furnaces Chloro alkali Industris Integrated paint complex Viscose staple fibre Storage battieries integrated with manufacture of lead and lead antimony alloy Exploration for oil and gas and their production, transportation and storage Synthetic Rubber Asbestos and Asbestos products Hydrocyanic Acid & derivatives Primary Metallurgical industries, Elec. Arc furnac All tourism projects between 200-500m of HWL and locations with an elevation of >1000 meters with investment >5 crores Salient Features of EIA Notification 2006 All Category A and Category B1 projects or activities have to undertake public consultation except for 6 activities for which public consultation has been exempted. Some of the projects exempted include expansion of roads and highways, modernization of irrigation projects, etc. Some of these may have potential social and environmental impact. The responsibility for conducting the public hearing still lies with the state PCBs. Member- Secretary of the concerned State Pollution Control Board or Union Territory Pollution Control Committee has to finalize the date, time and exact venue for the conduct of public hearing within 30 days of the date of receipt of the draft Environmental Impact Assessment report and advertise the same in one major National Daily and one Regional vernacular Daily.

 Notice to mention date, time and venue of the meeting particulars of the industry, product persons can give oral/written objections A minimum notice period of 30 days will be given to the public for furnishing their responses. The public consultation will essentially consist of two components a public hearing to ascertain the views of local people and obtaining written responses of interested parties. There are no clear guidelines like in earlier Notification who all can attend the public hearing. No postponement of the time, venue of the public hearing shall be undertaken, unless some untoward emergence situation occurs and only on the recommendation of the concerned District Magistrate. Executive Summary to be made available to the Public Composition of Hearing Panel fixedComposition of Panel District Collector - Chairman Representative of SPCB Representative of Government dealing with the subject Representative of the State Government dealing with Environment Not more than 3 representatives municipalities/panchayats of local bodies such as

Not more than 3 senior citizens of the area nominated by the District Collector