Public Hearing

The Ministry of Environment & Forest, Govt, of India has issued revised notification on Environmental Impact Assessment on 14^th September, 2006 replacing the EIA notification of 27^th January 1994 and its various amendments.

The EIA notification 1994 had the activity termed as Public Hearing” whereas in 2006 notification, it is termed as “Public Consultation”. As per EIA Notification, 2006 the State Pollution Control Board has been given responsibility for conducting public consultation

Fees For Public Hearing

Procedure For Public Hearing 

GUIDELINE FOR CONDUCTING PUBIC HEARING CONSULTATION AS PER EIA NOTIFICATION, 2006

The Ministry of Environment & Forest, Govt, of India has issued revised notification on Environmental Impact Assessment on 14^th September, 2006 replacing the EIA notification of 27^th January 1994 and its various amendments.

The EIA notification 1994 had the activity termed as Public Hearing” whereas in 2006 notification, it is termed as “Public Consultation”. As per EIA Notification, 2006 the State Pollution Control Board has been given responsibility for conducting public consultation. A detail guidelines for conducting public hearing/consultation as per procedure prescribed in new EIA Notification, 2006 is given below :

CASES TO COME UNDER THE PERVIEW OF PUBLIC CONSULTATION.

All projects under category – “A” & B1 or activities shall undertake public

consultation except the following.

1. Modernization of irrigation projects [item 1 (c) (ii) of Schedule of EIA notification, 2006],
2. All projects or activities located within industrial estates or parks (item 7 (c) of the Schedule) approved by the concerned authorities, and which are not disallowed in such approvals.
3. Expansion of Roads and Highways [item 7 (f) of the Schedule] which do not involve any further acquisition of land.
4. All Building /Construction projects/Area Development projects and Townships (item 8).
5. All Category ‘B2’ projects and activities.
6. All projects or activities concerning national defence and security or involving other strategic considerations as determined by the Central Government.

PUBLIC CONSULTATION PROCESS

Public consultation to be arranged in a

• systematic
• time bound
• and transparent manner
• ensuring widest possible public participation at the project site (s) or in its close proximity district wise.

WHO WILL CONDUCT ?

The concerned SPCB or UTPCC shall conduct public consultation.

PROCESS OF MAKING APPLICATION

• Applicant to make request through a simple letter to Member Secretary for such Public Hearing/ consultation.
• The requestletter shall be accompanied with
• 10 hard copies and 10 soft copies of draft El A report with the generic structure as specified in notification
• Similar no. of hard and soft copies of summary EIA report in English and local language prepared strictly in accordance with the TOR (decided during scoping stage)
• Applicant shall forward one hard and one soft copy of both draft and summary EIA reports to
• MoEF, Govt, of India/SLEIAA.
• Concerned District Magistrate.
• Concerned Zilla Parishad or Municipal Corporation.
• Concerned District Industries Centre.
• Concerned Regional Office of MoEF, Govt, of India

PUBLICITY

• On receipt of documents, all the above authorities (expect MoEF) shall arrange for wide publicity within their respective jurisdiction requesting the interested persons to send their views/comments to concerned regulatory authority.
• All the above authorities shall make available the draft EIA report for inspection electronically or otherwise till the public hearing is over.
• MoEF/SLEIAA shall display draft EIA report in its website.
• SPCB to make arrangement for publicity and make available the summary EIA report for inspection in selected offices or public libraries or Panchayats.
• SPCB shall make available a copy of draft EIA report to the above five authorities.

NOTICE OF PUBLIC HEARING

• Member Secretary of State Pollution Control Board to finalize date, time and exact venue within 7 days of receipt of draft EIA from applicant.
• Advertise in the major National Daily and one regional Vernacular daily.
• A minimum notice period of 30 days to be provided.
• Advertisement shall contain the details of availability of draft and summary EIA reports for inspection.

POSTPONEMENT IN EXCEPTIONAL CIRCUMSTANCES

• No postponement of date, time and venue is permitted unless some untoward emergency situation or exceptional circumstances arisen and supported with the recommendation of District magistrate.
• Fresh date, time and venue to be decided by Member secretary only in consultation with District magistrate and notified afresh as above. Postponement shall be notified through the same newspapers and prominently displayed at all identified offices by State Pollution Control Board.

THE PANEL

1. District Magistrate or his representative (not below the rank of ADM) shall supervise and preside over the process assisted by
2. representative of State pollution Control Board.

CONDUCTING THE PROCESS

• Videography of entire proceedings shall be arranged by SPCB.
• Attendance of all those who are present at the venue to be noted.
• No quorum is required for attendance before starting the proceeding.
• Representative of applicant to initiate with a presentation on the project and summary EIA report.
• Every person shall be given opportunity to seek information/clarification about the project from the applicant.

RECORDING OF PROCEEDINGS

• SPCB official to prepare the minutes recording the summary of proceedings accurately reflecting the views and concerns expressed by speakers.
• It is to be read over to the audience at the end of proceedings explaining the contents in vernacular language.
• The agreed minutes to be signed by District Magistrate or his representative on the same day.
• Minutes to be forwarded to SPCB annexed with

Videotape or CD of proceedings.

• List of people attended at venue.
• Statement of issues raised by public and comments of applicant prepared in local language and in English.

PUBLICIZING THE PROCEEDINGS

• Proceedings to be conspicuously displayed at offices of concerned Panchayats, Zilla Parishads, District Magistrate and SPCB.
• To be displayed in websites of SPCB. Comments on the proceedings to be sent directly to regulatory authority and the applicant concerned.

TIME LIMIT

• Process to be completed within 45 days from the date of receipt of request letter.

Proceedings of meeting to be sent by SPCB to concerned regulatory authority within 8 days from the Public Hear