May 08 2007
It is only upon perusal of the project report by NEMA and subsequent communication between NEMA and the proponent of the project that the proponent will know whether its project or undertaking requires an EIA study.
An EIA study is to be conducted by an authorized individual expert or firm of experts (NEMA maintains a public register which contains a list of experts authorized to carry out EIA studies and issue EIA reports), in accordance with guidelines and procedures outlined in the Environment Management and Coordination Act wholly at the proponent's cost and expense.
Upon receipt of the EIA report, NEMA is required to publish in the Gazette a notice which should include:
Thereafter NEMA may, upon being satisfied that all the requirements as stipulated under the EMCA have been complied with, issue an EIA licence on certain terms and conditions that facilitate sustainable development and sound environmental management. Should the nature of the project change significantly, NEMA can compel a proponent to undertake a further study at its own cost and expense, and may also require fresh submission of information after the issuance of the EIA licence. The EIA licence is transferable to another party, but only in respect of a project for which the licence was initially issued, provided that the transferor and transferee make a joint notification to the director general of NEMA.
NEMA is required under the Environment Management and Coordination Act to carry out an environmental audit and environmental monitoring of all activities that are likely to have a significant effect on the environment. To this end, an inspector appointed by NEMA is empowered to enter onto any land or premises for the purpose of determining the extent to which the activities carried out thereon conform to the statements made in the EIA report. NEMA is empowered to set, control and enforce standards in respect of:
The act also provides that NEMA may issue and serve on any person an environmental restoration order, and the same authority is bestowed on the courts. The terms, conditions and obligations imposed on a person under such an order include:
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Atiq S Anjarwalla