EIA 2006Category A/BSEIAAMoEFCCPublic Hearing
AMLEGALS / Environmental & NGT / EC & EIA Compliance
EIA Notification 2006 • Environment (Protection) Act 1986

The EIA process determines whether the project proceeds — and on what terms

Environmental clearance under the EIA Notification 2006 is a mandatory pre-condition for scheduled projects. The quality of the EIA, the management of the public consultation and the terms of the clearance conditions shape the project’s entire operational life.

Strategic context

The clearance is the project’s environmental constitution

An environmental clearance under the EIA Notification 2006 is not a rubber-stamp approval. It is a regulatory determination that the project can proceed subject to conditions — conditions that are binding, monitorable and enforceable. The quality of the EIA report, the completeness of the baseline data, the adequacy of the public-consultation process and the terms of the clearance conditions all determine whether the project will face challenges before the NGT, conditions that are commercially unimplementable, or compliance failures that invite enforcement action.

AMLEGALS advises project proponents from the screening stage through appraisal and post-clearance compliance. The strategy is set before the first filing — the categorisation of the project, the scope of the EIA, the management of the public hearing and the negotiation of clearance conditions are all legal decisions that have commercial and operational consequences. A clearance obtained without strategic legal input is a clearance vulnerable to challenge and difficult to comply with.

Workstreams

Advisory through the clearance lifecycle

01

Screening and categorisation

Determining the category (A, B1 or B2) and the applicable clearance authority for the project.

02

Scoping and EIA preparation

Advising on Terms of Reference, coordinating with EIA consultants and ensuring the EIA report addresses all statutory and environmental requirements.

03

Public consultation management

Managing the public hearing process, preparing proponent responses and ensuring procedural compliance.

04

Appraisal and clearance

Representing the proponent before the Expert Appraisal Committee or SEAC, responding to queries and securing the clearance with implementable conditions.

05

Clearance conditions compliance

Monitoring and ensuring compliance with clearance conditions, half-yearly returns and environmental management plans.

06

NGT defence

Defending environmental clearances challenged before the National Green Tribunal, including interim and stay applications.

Answers

Frequently asked questions

01Which projects require an environmental clearance?

The Schedule to the EIA Notification 2006 lists the activities that require prior environmental clearance. These include mining, thermal power, river valley, ports, highways, industrial estates, petrochemicals, cement, building and construction above the prescribed thresholds, and expansion or modernisation of existing projects that increase capacity beyond stipulated limits. The 2020 draft amendments proposed changes to the thresholds and categorisation.

02What is the difference between Category A and Category B projects?

Category A projects are appraised at the Central level by the Expert Appraisal Committee of the MoEFCC. Category B projects are appraised by the State-level Expert Appraisal Committee and cleared by the State Environment Impact Assessment Authority (SEIAA). Category B is further divided into B1 (requiring full EIA including public consultation) and B2 (exempt from EIA).

03What happens during the public consultation stage?

Public consultation under the EIA Notification 2006 involves two components: a public hearing conducted at or near the project site, where affected persons can raise environmental concerns, and written responses from stakeholders. The public-hearing proceedings are recorded and must be placed before the Expert Appraisal Committee. The proponent must address each concern in the final EIA report.

04How long does an environmental clearance remain valid?

Environmental clearances are typically granted for a specified period — the construction phase validity varies by project type (generally 7 to 10 years for construction, with operational validity linked to the project lifecycle). The clearance is subject to compliance with the conditions stipulated, and non-compliance can result in suspension, revocation or NGT proceedings.

05Can an environmental clearance be challenged?

Yes. An environmental clearance can be challenged before the National Green Tribunal under Section 16 of the NGT Act 2010 within 30 days of the grant (with a 60-day condonation). Challenges are typically grounded in procedural violations — deficient EIA, inadequate public consultation, non-application of mind by the EAC — or substantive violations such as clearance for a prohibited area or in excess of carrying capacity.

06Does an initial discussion create a lawyer-client relationship?

No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing.

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