In order to further expedite the environmental approvals process, the Union government has decided to establish a permanent Environmental Impact Assessment Authority (SAEIA), which will evaluate projects when state-level impact assessment authorities are not functional. SAEIA will also carry out other assigned tasks, according to a draft notification dated March 5.
The draft notification states that the term of office of the Environmental Impact Assessment Authority (SEIAA) and the State Level Expert Assessment Committee (SEAC) is three years, extendable by one year. In the absence of SEIAA/SEAC, projects within its scope are evaluated at the central level. The reconfiguration process begins six months before expiration, and delays occur due to late or incomplete submission of proposals by states.
“The matter has been examined… It has been observed that delay in reconfiguration of EIA and appraisal system is leading to complete halt in the EC process at state levels and pending proposals are being transferred in bulk to the Centre, leading to extended timelines and undue delay in evaluation of projects, thereby impacting project timelines and investor confidence,” the draft states.
SAEIA will be composed of ex-officio members appointed by the central government. “The Central Government deems it necessary to ensure the continuity of SEIAA and SEAC by deputing a separate permanent body as an interim arrangement for the purpose of evaluating projects/activities and granting regulatory approvals under EIA [Environment Impact Assessment] “Notification 2006, in the absence of a functional authority until the formation of the new SEIAA/SEAC,” the draft states.
“The Central Government also deems it necessary…that the Permanent Body should also be empowered to look into the project which has been deferred at the SEIAA/SEAC level and to undertake such other functions as may be entrusted to it by the Central Government in connection with the implementation of the Environment Impact Assessment Notification, 2006, as amended from time to time, within the State/UT concerned [Union Territory]”.
The draft notification stipulates that the Standing Committee will intervene if assessments by state-level bodies are delayed. “If the application for a European Commission grant is not evaluated by the State-Level Expert Evaluation Committee (SEAC) within a period of 120 days from the date of submission of the complete application by the project proponent, the application will be automatically sent to the Standing Committee on Environmental Impact Assessment (SCEIA), through the PARIVESH portal, for consideration, which will evaluate these projects and make its recommendations according to the scenarios and within the mentioned time frame.”
Also, if the SEIAA decision is not sent to the project applicant within the specified period, the proposal will be automatically sent to SAEIA through the PARIVESH portal.
The draft adds a penalty clause for state-level committees if they cannot quickly approve projects. The Chairman/members of the Expert Appraisal Committee (EAC), SEAC and SEIAA may not be removed by the Central Government before the expiry of their term, except on substantiated charges affecting the work of the Committees and/or the Authority in a fair, efficient and equitable manner. “Fees may include delays in processing EC grant/reject proposals beyond the timelines specified in the 2006 EIA Notification, as amended,” the draft states.
