New authority to curb delays in environmental appraisals

TO fast-track environmental clearances (EC) farther, the unification regime has decided to go down up a Standing authorisation on Environment Impact Assessment (SAEIA), which will appraise projects when state-level impact assessment authorities are non-functional. The SAEIA will also discharge other tasks entrusted to it, according to a March 5 draft notification.The draft notification notes that the tenure of the State Environment Impact Assessment Authority (SEIAA) and State Level Expert Appraisal Committee (SEAC) is three years, extendable by one year. In the absence of SEIAA/SEAC, appraisal of projects within their domain is carried out at the central level. The process of reconstitution is initiated six months before expiry, and delays occur due to late or incomplete submission of proposals from states.“The matter has been examined... It has been observed that delayed reconstitution of SEIAA leads to a complete halt in the EC process at the state levels, and the pending proposals are transferred in bulk to the Centre, leading to extended timelines and unwarranted delays in the appraisal of the projects, thereby impacting project timelines and investor confidence,” the draft states.The SAEIA will consist of ex-officio members appointed by the central government. “The central government deems it necessary that the continuity of SEIAA and SEAC be ensured by authorising a separate standing body as an interim arrangement for the purpose of appraisal of projects/activities and grant of regulatory clearances under EIA [Environment Impact Assessment] Notification 2006, in the absence of a functional authority and till the constitution of new SEIAA/SEAC,” the draft states.“The Central Government also deems it necessary that the...standing body may also be authorised to consider the project that are delayed at the SEIAA/SEAC level and to discharge such other tasks as may be entrusted to it by the Central Government related to the implementation of the EIA Notification, 2006, as amended from time to time, within the respective State/UT [Union Territory].”The draft notification provides for the standing committee stepping in if appraisals are delayed by state-level bodies. “In the event the application for grant of EC is not appraised by the concerned State Level Expert Appraisal Committee (SEAC) within a period of 120 days from the date of the submission of the complete application by the project proponent, the application shall be automatically forwarded to the Standing Committee on Environment Impact Appraisal (SCEIA), through PARIVESH portal, for consideration, which shall appraise such projects and provide their recommendations as per the scenarios and within the time frame mentioned.”Also, if the decision of the SEIAA is not communicated to the project applicant within the period specified, the proposal shall be automatically forwarded to the SAEIA through the PARIVESH portal.The draft adds a penalty clause for state-level committees if they are not able to swiftly approve projects. The chairman/members of the Expert Appraisal Committee (EAC), SEAC, and SEIAA shall not be removed by the Central Government, before expiry of the tenure, except on account of proven charges which affect the functioning of the committees and/or authority in a just, efficient, and fair manner. “The charges may include delay in processing the proposals for grant/rejection of EC beyond the timelines specified in the EIA Notification, 2006, as amended,” states the draft.