Background
The Environment Impact Assessment (EIA) Notification, 2006 was issued by the Ministry of Environment, Forest and Climate Change (MoEFCC) under the Environment (Protection) Act, 1986 to regulate environmental approvals for development projects in India. It replaced the earlier 1994 EIA framework to streamline procedures, introduce clearer project categorization, and improve public participation mechanisms. The notification mandates prior environmental clearance for specified industries and infrastructure activities based on their potential environmental impacts. It established category “A” and “B” projects, appraisal processes, Environmental Management Plans (EMPs), and requirements for public hearings. Overall, the 2006 notification strengthened environmental governance by integrating precautionary principles, transparency, and scientific assessment into project approval systems.
Applicability
Project or activities under Environment Impact Assessment Notification, 2006
Key compliances under Environment Impact Assessment Notification, 2006
An application seeking prior environmental clearance in all cases shall be made by the project proponent in the prescribed Form 1 annexed herewith and Supplementary Form 1A, if applicable, as given in Appendix II after the identification of prospective site (s) for the project and/or activities to which the application relates; and in Form 1M for mining of minor minerals up to five hectare under Category ‘B2’ projects, as given in Appendix VIII, before commencing any construction activity, or preparation of land, or mining at the site by the project proponent. The project proponent shall furnish along with the application, a copy of the pre-feasibility project report, in addition to Form 1, Form 1A, and Form 1M; and in case of construction projects or activities (item 8 of the Schedule), a copy of the conceptual plan shall be provided instead of pre-feasibility report.
Prior Environmental Clearance is a statutory requirement for project/activities covered in the schedule of the EIA Notification 2006
It shall be mandatory for the project management to submit half-yearly compliance reports in respect of the stipulated prior environmental clearance terms and conditions in soft copy to the regulatory authority concerned, on 1st June and 1st December of each calendar year
The project management shall submit half-yearly compliance reports in respect of the stipulated prior environmental clearance terms and conditions in soft copy to the regulatory authority concerned, on 1st June and 1st December of each calendar year
Penalty & Punishment
Section 15 of EPA 1986 –
(1) Where any person contravenes or does not comply with any of the provisions of this Act or the rules made or orders or directions issued thereunder for which no penalty is provided, he shall be liable to penalty in respect of each such contravention which shall not be less than ten thousand rupees but which may extend to fifteen lakh rupees.
(2) Where any person continues contravention under sub-section (1), he shall be liable to additional penalty often thousand rupees for every day during which such contravention continues.
Section 15A. Penalty for contravention by companies.—
(1) Where any company contravenes any of the provisions of this Act, the company shall be liable to penalty for each such contravention which shall not be less than one lakh rupees but which may extend to fifteen lakh rupees.
(2) Where any company continues contravention under sub-section (1), the company shall be liable to additional penalty of one lakh rupees for every day during which such contravention continues.
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